Despite the fact that performers have always been an integral part in the creation of any audio or audiovisual work, performers’ rights are a relatively new phenomenon in the field of intellectual property.

Contrary to the author’s copyright, which has existed in most modern states for more than 150 years, it was not until 1961 with the adoption of the WIPO Rome Convention first introduced basic international protection for actors, musicians, dancers, singers and other performers.

And even today, neighbouring rights do not receive the attention they deserve. The level of protection they provide is still too low and there is a widespread lack of recognition of the role they play in providing access to culture.

All across Europe performers have organised themselves in collective management organisations.

On a daily basis, these organisations are not only involved in the management of the neighbouring rights of performers. They also act as advocates for an improved socio-economic position of the performer, in which strong neighbouring rights play a central role.

In line with this, AEPO-ARTIS has been working – together with its members – on the collective advocacy for performers at the European level, since 1994.

We work to promote policies that allow performers to fully enjoy their neighbouring rights and to entrust their collective management organisation with their administration without restrictions.

As representative of 37 European performers’ organisations, our main focus is on the strengthening of performers’ rights at European level, but we also help our members in achieving our common goals at national level and have been granted observer status in WIPO’s Standing Committee on Copyright and Related Rights (SCCR).

A Fair Environment for Performers in Europe

In 2019, the EU launched its Shaping Europe’s Digital Future programme with as one of its primary principles the commitment to develop a fair and competitive digital single market.

The Copyright in the Digital Single Market directive (2019/790) that requested Member States to adapt and supplement the existing copyright framework to guarantee its technological neutral application while upholding of a high level of protection for all rightholders has only recently (July 2024) been implemented by all Member States. Despite some exceptional examples of effective improvement at national level, the promise that EU rules would be fit for purpose in the digital economy has not been fulfilled for what concerns the neighbouring rights of actors, musicians, dancers and other performers. They are receiving only a fraction of the value, if any at all, that is created with their work and increasingly face buyout contracts.

In 2022 the EU rolled out the Digital Decade Policy Programme 2030 (2022/2481) in which it pursues a human-centric, sustainable vision for a digital society that empowers citizens and businesses. This objective comes with a Declaration on Digital Rights and Principles for the Digital Decade (2023/C 23/01) in which it is written that the EU prides itself on a fair digital environment for everyone.

If the EU truly wants a fair digital environment for everyone to be a fait accompli by 2030, action is needed immediately.

During its 30-year existence, AEPO-ARTIS has played a crucial role in informing the EU institutions of the vital contribution that performers make to Europe’s rich and diverse cultural sector and the specific attention their profession needs when shaping and reshaping legislation. We are a permanent and constructive partner to policy makers within all EU institutions.

With this manifesto we provide the EU institutions with an instrument that points out the most important objectives that the EU must pursue over the next five years to create the fair digital environment needed to keep the European cultural sector viable for our performers.

Understanding performers are a separate category of rightholders