Industry News

The New Copyright Directive: Fair remuneration in exploitation contracts of authors and performers – Part 1, Articles 18 and 19

Chapter 3 of Title IV of the Directive encompasses a set of six articles specifically directed at authors and performers (henceforth ‘creators’). For many industry stakeholders, this set of articles goes hand in hand with the controversial article 17 (most recently discussed on the blog herehere and here). In conversation with Crispin Hunt, Chair of BASCA and elected Director at both PRS and PPL, he argued that it needed to be established that services offering music have to pay their licenses, but that ‘it doesn’t make any sense to grow the pie if we don’t share it better’. Hunt also thought that it was brave of the commission to decide to regulate contractual terms, considering the Commission’s otherwise neoliberal inclinations and penchant for the principle of freedom of contract (see related article by the author here). Importantly, Chapter 3 recognises that contracts are rarely signed between individuals with level bargaining power and that measures to stop the stronger side from taking advantage of this situation are necessary for the development of a healthy creative ecosystem.

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