17
Berlin, 18 February 2018 Cécile Despringre, Executive Director How to ensure fair remuneration for audiovisual authors in the digital era?

How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

Berlin, 18 February 2018 Cécile Despringre, Executive Director

How to ensure fair remuneration for audiovisual authors in the digital era?

Page 2: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

Presentation outline

• About the Society of Audiovisual Authors

• Who are audiovisual authors?

• How are they paid?

• The Broadcasting and Retransmission Regulation

• The Copyright Directive in the Digital Single Market

• What’s missing for audiovisual authors?

• The Remuneration Right Campaign

Page 3: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

Society of Audiovisual Authors

• 31 audiovisual authors’ CMOs in 23 European countries in 2017

• 135,000 audiovisual authors represented

• Objectives: • Promote audiovisual authors’ rights and remuneration

• develop the collective management of AV authors’ rights and remuneration

• Provide information on how AV CMOs work and their challenges

• White paper on audiovisual authors’ rights and remuneration in Europe (1st edition in 2011, 2nd edition in 2015)

Page 4: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

Who are audiovisual authors?

Page 5: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

Over a career

Page 6: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

How are audiovisual authors paid?

• In theory

Page 7: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

How are audiovisual authors paid?

• In reality

Page 8: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

Contract negotiation

• It take place before

Page 9: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

Contractual practices

Page 10: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

AV commercialisation chain

Page 11: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

Secondary payments by CMOs

Page 12: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

Result

Page 13: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

The Broadcasting and Retransmission Regulation

• EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

• European Parliament adopted its report on 21 November 2017

• Council adopted its position on 15 December 2017

• Interinstitutional negotiations (trilogues) will start on 20 February 2018

Page 14: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

The Copyright Directive in the Digital Single Market

• A new Directive harmonising European copyright in many fields: • Exceptions: text and data mining, teaching activities, cultural heritage

• Out-of-commerce works

• Press publishers’ protection

• Platforms’ liability for the use of works uploaded by users (Art 13)

• Transparency triangle for authors and performers (Art 14-16)

Page 15: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

What’s missing for audioviual authors?

• In the Directive on Copyright in the Digital Single Market • An unwaivable right to remuneration for the on-demand exploitation

Page 17: How to ensure fair remuneration for audiovisual authors in ......•EC proposal: applying the 1993 SatCab Directive principles to new usages but with a Regulation, not a Directive

Thank you!

[email protected] @Cdespringre @saabrussels