FAIR INTERNET Statement to the European Parliament
Brussels, 29 June 2015
Parliament's plenary vote on the Reda report on the implementation of Directive 2001/29/EC: The Parliament must seize the opportunity to unambiguously support performers' welfare in the on demand environment.
AEPO-ARTIS, EuroFIA, FIM and IAO, partners of the FAIR INTERNET campaign (www.fair-internet.eu), who represent over 500.000 musicians, singers, actors and dancers, call upon MEPs in advance of the plenary vote of the Reda report on the implementation of the 2001/29/EC (Copyright Directive), to send a strong signal to the European Commission that the fair treatment of performers in the digital environment must be part of any proposals to modernise EU copyright law.
We regret that members of the Legal Affairs committee at the committee vote on 16 June have not seized the opportunity to propose some concrete measures to improve the situation of performers in the digital environment.
The fact is that the economic situation of the vast majority of performers has barely changed since the introduction of the exclusive making available right in the 2001 Copyright Directive.
This exclusive right is generally transferred by contract to producers.
Only few performers benefit from individually or collectively negotiated royalties for the legal exploitation of their performances. When this is the case, some figures in the music sector suggest that a mere 46 cents from a monthly subscription fee of € 9.99 is shared amongst all the performers listened to during one month.
Moreover, this right has been largely ineffective for most performers who receive no remuneration at all, or, at best, a single and inadequate all-inclusive fee.
The EU law designed to protect and adequately reward performers must therefore be urgently adapted, in order to create a sustainable cultural and creative sector where performers are remunerated for the legal online exploitation of their performances.
To remedy this injustice, we strongly call on the European Parliament to recognise that performers, when they transfer their exclusive right for the making available of performances on demand, must enjoy an unwaivable right to equitable remuneration collected from the users and subject to mandatory collective management.
This new statutory entitlement would make sure that performers, despite their weak individual or collective bargaining position, get a fair share of the revenues generated by the exploitation of their performances in the digital environment.
We therefore call on MEPs to table and support the following new amendment for the vote in plenary on 9 July.
"calls on the European Commission to introduce into the EU copyright directive an unwaivable right to equitable remuneration upon the transfer of the exclusive making available right to producers, collected from online platforms and administered by mandatory collective management".