10 October 2013

Copyright modernisation – an update on the EU plans

The question of whether or not EU copyright laws need to be modernised has kept EU institutions busy this year. At the end of 2012, the Commission launched twin initiatives. On the one hand a discussion forum called Licences for Europe was opened with the aim of identifying practical, industry-led solutions to problems of content delivery in Europe (quick fixes for which no legislation is needed). On the other hand, the Commission started an internal review of all EU copyright-related laws to see whether some needed to be updated. The results of both initiatives should be announced by the end of this year or early in 2014. Our view is that it is crucial to take all the necessary time and effort to analyse the reasons for, and likely implications of any change in copyright law, as it is the backbone of how artists make a living. Below are the next steps of the modernisation effort we can expect in the coming months:

24-25 October: European heads of state to discuss copyright reform at EU summit dedicated to the digital economy
Mid-November: launch of a public consultation by the European Commission, possibly to be accompanied by the Commission’s initial findings on its review of the EU legal framework on copyright
13 November: presentation of the results of the Licences for Europe initiative
Mid-January: consultation closes
March 2014: Final Commission conclusions to be discussed by the College of Commissioners and decision on whether new legislative proposals are necessary

Policies

Artificial intelligence

Artificial intelligence brings about many new opportunities for our lives, including in the field of culture and creativity, but its applications also raise a number of ethical and legal questions due to their wide-spread uncontrolled and unchecked usage.

Policies

Music Streaming

Music streaming has unquestionably become the predominant means of enjoying music, replacing traditional physical media and expanded far beyond the live sector by providing user-friendly, high quality, and affordable access to the largest possible repertoire anytime, anywhere, online, or offline.

Songs and compositions are at the heart of this thriving market, which counts 524 million users on subscription-based music services globally, reaches more than 2 billion users including the streaming on UGC platforms, and offers more than 70 million tracks from approximately 8 million artists.

Yet, the authors and composers cannot benefit adequately from this success, and the debate over unfairness of this market is gaining traction across Europe and around the world.

There is a need to look more closely at how songwriters and composers are connected to this thriving economy and what can be done to improve their currently neglected situation.

Read below to find out more about the Music Streaming market.

Policies

Buy-out contracts: a dangerous threat to European creators

European music creators (composers, lyricists etc.) are being forced to forsake thousands of euros in future earnings by draconian ‘work made for hire’ (WMH) and buy-out contracts.

Online audiovisual services and broadcasters that are mainly US-based are forcing music creators to accept such contracts, which enforce a one-time payment in exchange for their rights.

Given the worldwide popularity of shows and series on platforms like Netflix, Amazon, Disney etc., and their replay value, the audiovisual market represents an important revenue stream for creators. Soundtracks alone are part and parcel of series and often attract a similar amount of popularity, massively boosting sales, streams and the worldwide fanbase of their authors.

Read below to find out how video on demand (VOD) platforms and broadcasters are circumventing EU law and what can be done about it.

Policies

Authors’ societies & the collective management model

Authors’ societies are hugely beneficial to both authors (creators), users (platforms and services), and the broader public.

Beyond benefiting these different groups, authors’ societies also support the broader cultural ecosystem by funding and promoting cultural and creative initiatives.

Below are five key benefits to authors’ societies and the collective management model.

Policies

The Copyright Directive

In April 2019, the Directive on Copyright in the Digital Single Market was formally adopted, a change that will positively transform authors’ rights throughout the EU. Each member state now has until 7 June 2021 to transpose the Directive into their respective national law.

This reform is an opportunity to address pressing issues for authors in the Digital Single Market and will promote the growth of Europe’s creative and cultural industries (CCIs) – a major driver of Europe’s economy.

One of the biggest achievements of this new piece of legislation was to address the
‘Transfer of Value’ problem, a priority issue for all European creators.

Below are some of the Directive’s key areas that will affect creators and those who profit from their work.