Final Text of European Draft Directive on Copyright in the Digital Single Market has been agreed

On May 25th the European Union’s Council’s permanent representatives committee (Coreper) agreed the Final text of the European Draft Directive on Copyright in the Digital Single Market. This text which readers can find here will form the basis for negotiations with the European Parliament under the aegis of the new EU Council Presidency (which is currently Bulgaria but will from July 1st become Austria).

 

Concerned members of the talent community will recall that there are within this draft three key innovations that, in theory, should serve to empower creators. Known within talent trade groups as the Transparency Triangle these three Articles of the Draft are 14, 15 and 16. The Transparency Triangle can be explained in shorthand as providing for the talent to Track Transfers, Reassess Reward, and Determine Disputes.

Taken together they would enable author and performers:

 

Article 14 – to be entitled to receive “timely, adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights or their successors in title…”

 

Article 15 – to have the right to be “entitled to additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights or their successors in title, when the remuneration originally agreed turns out to be disproportionately low compared to the relevant revenues derived from the actual exploitation of the works or performances” This is often known as the Best Seller Rule, after provisions that already exist in Germany’s copyright law.

 

Article 16 – to have access, in every Member States, “a voluntary, alternative dispute resolution procedure” for disputes arising from the contract adjustment mechanism and the revised remuneration provision. Collective management organisations and representative organisations may bring disputes to these fora if requested by the talent.

 

What is encouraging is the additional provision at Article 16a that has the effect that “any contractual provision which prevents the compliance with the provisions in Articles 14 and 15 of this Directive shall be unenforceable in relation to authors and performers.” So no contractual stunts by gatekeepers that purport to contract out of these obligations would be tolerated or enforceable.

 

Helpful and well-informed comment on the draft’s other proposals for the press rights, the value gap and text and data mining by respected academic and IP commentator, Dr Eleonora Rosati, can be found here.

 

Now the interesting part begins..…. Support for these new mechanisms should be made loud and clear to your MEPs.

  • Fairness Rocks news

    SOURCE: Fairness Rocks

    Date: May 29, 2018

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  • World unites in Warsaw to “move mountains” for authors’ rights at 2018 CISAC General Assembly

    “CISAC is all about teamwork. Together, we can move mountains.” Those were the words of CISAC President Jean-Michel Jarre in welcoming authors and collective management societies to Warsaw on June 1st. The CISAC General Assembly is the pinnacle moment of the year to come together, review past work on behalf of authors and set the stage for the upcoming campaigns and activities to push creators’ rights to new levels. The 2018 annual meeting was hosted by Poland’s ZAiKS; a founding member of the confederation currently celebrating their 100-year anniversary.

    Read more: http://www.cisac.org/Newsroom/Articles/World-unites-in-Warsaw-to-move-mountains-for-authors-rights-at-2018-CISAC-General-Assembly

  • Fairness Rocks news

    SOURCE: CISAC

    Date: June 6, 2018

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  • Dutch court rules that for-profit provision of links to unlicensed content is an infringement

    Can the making available – following payment of an IPTV subscription fee – of streams to unlicensed content amount to an infringement of copyright/related rights?

     

    This is the issue that the District Court of Limburg (in Maastricht, The Netherlands) had to address in a recent case that anti-piracy foundation Brein brought against Leaper (also acting as ‘Flickstore’, ‘Dump Die Deal’ and ‘Live TV Store’).
    Read more: https://ipkitten.blogspot.com/2018/06/dutch-court-rules-that-for-profit_4.html
  • Fairness Rocks news

    SOURCE: The IPKat

    Date: June 4, 2018

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  • Jerry Seinfeld Faces Bulked-Up Lawsuit for Allegedly Stealing Hit Show

    A man who is his own lawyer has a fool for a client. Although comedians sometimes don’t mind playing the fool, Christian Charles is seeing the wisdom of retaining counsel in a lawsuit against Jerry Seinfeld, Sony and Netflix over the hit show Comedians in Cars Getting Coffee.

    Read more: https://www.hollywoodreporter.com/thr-esq/jerry-seinfeld-faces-bulked-up-lawsuit-allegedly-stealing-hit-show-1115493

  • Fairness Rocks news

    SOURCE: The Hollywood Reporter

    Date: May 29, 2018

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  • Judge approves settlement in Lowery/Ferrick mechanical royalties case

  • Fairness Rocks news

    SOURCE: CMU

    Date: May 24, 2018

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  • Stan Lee: Comic book legend, 95, sues old company for $1bn

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    SOURCE: BBC

    Date: MAY 16, 2018

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  • Audiovisual organisations call for fair remuneration for authors

  • Fairness Rocks news

    SOURCE: Cineuropa

    Date: MAY 16, 2018

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  • HERE’S EXACTLY HOW MANY SHARES THE MAJOR LABELS AND MERLIN BOUGHT IN SPOTIFY – AND WHAT THOSE STAKES ARE WORTH NOW

  • Fairness Rocks news

    SOURCE: Music Business Worldwide

    Date: MAY 14, 2018

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  • Merlin sells Spotify stake, passes proceeds to members

  • Fairness Rocks news

    SOURCE: Music Week

    Date: May 14, 2018

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  • More than 1500 Italian Authors signed a petition against an attack on the Remuneration Rights of all CaMY DAD PAINTED THE ICONIC COVER FOR JETHRO TULL’S ‘AQUALUNG,’ AND IT’S HAUNTED HIM EVER SINCEreators of the world

  • Fairness Rocks news

    SOURCE: The Outline

    Date: MAY 10th, 2018

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  • Paying a Director or Screenwriter: The Truth is (Now) Out There

    Being a film director isn’t all foreign travel,” willing” ingénues and red carpet glamour. It is all too easy to assume, because a screenwriter or director is in the public eye in an exciting industry, that they are rich. A study by the Federation of European Film Directors (FERA) and the Federation of Screenwriters in Europe (FSE) demonstrates the reality.   Earlier this year the first results from their joint survey into the working lives and earnings of screenwriters and directors revealed that median earnings of directors are €26,000 after tax for men and €18,234 for women. For screen writers it is €30,000 for men and €27,000 for women. And in contrast to other disciplines, where experience counts, they can expect to hit their “financial peak” at around 50 years of age – incomes dropping sharply after that.

     

    As is shown in our Shocking Facts the income shared by screenwriters and directors of the audio visual marketplace in Europe valued in 2013 at €122 billion is a mere 0.37%! Equivalent calculations made by Fairness Rocks using DGA and WGA data suggests the situation in the USA might not be much better – 0.58% of a US$226 billion market.

     

    These figures show how timely is the launch today (14th May 2018) of a legal study from authors’ body CISAC. The Audiovisual Authors’ Remuneration Study, has been prepared by Spanish film copyright expert and Chair of Intellectual Property at Universitat Oberta de Catalunya, Professor Raquel Xalabarder. She has produced a thorough exploration of legal regimes worldwide as they impact screenwriters and directors. She outlines a proposal for the introduction, where none exists, of an inalienable and unwaivable remuneration right that is payable to screenwriters and directors for any acts of exploitation of their works, which is negotiated and managed collectively and paid directly by the users. The Fairness Rocks Library contains this study in its complete version as well as a four page summary guide. If this subject interests you, and you want to hear the arguments from the “other side” we suggest you also checkout the short analysis exploding the myths about the impact of such a remuneration right which has been prepared by the SAA .

  • Fairness Rocks news

    SOURCE: Fairness Rocks

    Date: May 15, 2018

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  • AV Remuneration Study

    INTERNATIONAL LEGAL STUDY ON IMPLEMENTING AN UNWAIVABLE RIGHT OF AUDIOVISUAL AUTHORS TO OBTAIN EQUITABLE REMUNERATION FOR THE EXPLOITATION OF THEIR WORKS Study updated – May 2018

    Submitted by Prof. Raquel Xalabarder
    Intellectual Property Chair – Universitat Oberta de Catalunya (UOC), Barcelona.

     

    EXECUTIVE SUMMARY

    authors of audiovisual works are granted exclusive rights to exploit their works. however, they rarely obtain equitable remuneration for the entire exploitation.

    despite international consensus that authors deserve to be fairly remunerated for the exploitation of their works, audiovisual authors seldom receive remuneration in the form of royalties or other proportional payments along the entire chain of exploitation. this is especially true in regards to new markets for online exploitation that, despite growing rapidly, do not generate additional remuneration for audiovisual authors.

    audiovisual authors’ remuneration depends largely on the contracts signed with the producer and these contracts fail to secure them an equitable remuneration for the entire chain of exploitation of their works.

    Signed before the audiovisual work is created, production contracts tend to convey a full transfer of exploitation rights in favour of producers, typically in exchange for a buy-out or lump-sum that also covers commissioning the authors’ contribution. follow up payments, along the exploitation of the work, are rarely agreed upon in production contracts. this ultimately deprives audiovisual authors of equitable remuneration in all markets of exploitation of their works…

     

     

     

    Continue reading this short guide: 4-pages-av-remuneration-study

     

    Alternatively by downloading the pdf below.

  • Fairness Rocks news

    SOURCE: CISAC

    Date: May, 2018

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  • Quentin Tarantino: Weinstein Company owes me over $4m in royalties

  • Fairness Rocks news

    SOURCE: The Guardian

    Date: APRIL 30, 2018

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