EU Parliament’s Legal Affairs Committee vote on the Reda report on the implementation of Directive 2001/29/EC: the Parliament missed an opportunity to unambiguously support performers’ welfare in the on-demand environment.
The FAIR INTERNET campaign partners, who represent over 500.000 musicians, singers, actors and dancers, welcome today’s acknowledgement by the European Parliament’s Legal Affairs committee of the need for fair and appropriate remuneration for all categories of rightholders, as mentioned in paragraph 3 of the Reda report on the implementation of Directive 2001/29/EC (“the Copyright Directive”).
However, we deeply regret that the report stops short of suggesting effective remedies or statutory measures granting performers a fair payment for the making available of their performances on demand through downloading or streaming.
The economic situation of most performers has barely changed since the introduction of the exclusive making available right in the 2001 Copyright Directive. Since this right is mostly transferred by contract to producers, only few performers benefit from individually or collectively negotiated royalties for the exploitation of their performances. In practice, this right has been largely ineffective as in most EU countries performers receive no remuneration at all, or, at best, a derisory single all-inclusive fee.
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.