4 February 2014

GESAC welcomes the adoption of the Collective Rights Management Directive by the European Parliament

Press Release

Today, the European Parliament adopted with an overwhelming majority (640 votes to 18, with 22 abstentions) the Directive on Collective Management of Copyright. This follows the agreement of the Trialogue in late 2013 and several years of intensive discussion on the issue and in particular on digital cross-border licensing of copyright for musical works.

GESAC, on behalf of the 33 societies it represents across Europe, welcomes this adoption of the Directive by the European Parliament. The Directive highlights the key role of collective management organisations (CMOs) in negotiating deals with licensees and securing fair remuneration to creators. It aims at setting European wide standards of transparency and governance, which are essential to ensure that relationships with rightholders and users are based on confidence.

GESAC has welcomed the CRM Directive from the beginning of its legislative journey. The completed text confirms the crucial role that author and rightsholder members play in overseeing the operations of their societies. It also sets a legal framework that accompanies the development of the online market for the cross-border use of music and the solutions already provided by CMOs to organise rights clearance in a manner that is efficient for users and respectful of rights holders’ interests.

CMOs are producing innovative solutions to assist the development of the online market both in the form of simplified licensing offers and in international collaborations driving greater efficiency in data management and better access to content. Common technical solutions and licensing hubs are examples of CMO leadership in this area. These solutions are crucial to swifter market development, and they offer up access to greater numbers of repertoires encouraging business users to access to the full range of creative content produced throughout the European Union.

GESAC regrets however that the opportunities to guarantee cultural diversity were not taken as necessary, since it is uncertain whether all repertoires will be offered by digital services on a pan-European basis.

GESAC General Manager Véronique Desbrosses commented, “This process has sparked the political interest for collective management and how CMOs contribute to economic growth and continuous cultural creation in the EU. Authors’ societies lead the way to meet the needs of the online market and are essential to ensure that authors and rights holders are adequately paid”.

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In the EPP’ press release, Rapporteur Marielle Gallo (FR) commented: “What the EU digital single market really needs is to put aside ideology and find solutions to clearly-defined concerns over copyright. This is what we did and this is the reason why we clinched a deal that everybody, from the UK Conservatives to the Pirate Party, can support. Copyright is not a burden but an asset for the European economy. And with today’s vote, we have clearly shown that it is definitely compatible with the digital era and can adapt to it”,

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Background information on GESAC: The European Grouping of Societies of Authors and Composers represents 33 of the main copyright management societies in the European Union, Iceland, Norway and Switzerland, administering the rights and remuneration of almost 800 000 authors, composers and writers in a variety of sectors (music, audio-visual, literary and visual and graphic arts) and music publishers.

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.