SAA - Society of Audiovisual Authors

“As the world goes digital, we also have to empower our artists and creators and protect their works. Artists and creators are our crown jewels. The creation of content is not a hobby. It is a profession. And it is part of our European culture. I want journalists, publishers and authors to be paid fairly for their work .”

These were the words of Jean-Claude Junker, President of the European Commission (EC) to the European Parliament (EP) on the day the second Copyright Package was presented.

This added to the statement from the EC communication of 19 December 20153 on “(…) fair remuneration of authors and performers, who can be particularly affected by differences in bargaining power (…). Mechanisms which stakeholders raise in this context include the regulation of certain contractual practices, unwaivable remuneration rights, collective bargaining and collective management of rights.”

SAA therefore welcomes the EC proposal for a Directive on Copyright in the Digital Single Market, in particular its provisions on a transparency triangle in favour of authors (exploitation transparency, contract adjustment mechanism and alternative resolution mechanism) but believes that these provisions need some additions and amendments to ensure that they truly give effect to the intentions behind the proposed Directive.

In this context, SAA calls on the EP and Council to address the specific challenges of audiovisual authors in relation to the online use and dissemination of their works. Audiovisual authors need legal tools to empower them vis-à-vis exploiters of their works and ensure they receive equitable remuneration for the online use of their works across Europe.

SAA comments and proposals will therefore focus on:

• Introducing an unwaivable right to remuneration for audiovisual works
• Improving the transparency triangle
• Making European audiovisual works available on VOD platforms
• Strengthening platforms’ obligations in respect of copyright protected works

On other aspects, SAA welcomes the EC approach to exceptions which proposes a limited intervention. We particularly welcome the possibility for Member States not to apply the exception of Art 4 (use of works in digital and cross-border teaching activities) when licences are available. We would like to highlight the importance of respecting solutions based on agreements between rightholders and users, in particular collective management agreements offering flexible licences to users and respecting the legal and economic preconditions necessary for the production of learning material. We would also prefer that fair compensation be mandatory rather than optional when the exception applies (Art 4.4), considering the importance of the educational market for many authors.

SAA also supports the provisions on out-of-commerce works and its extended collective licensing for cultural heritage institutions (Art 7). After the adoption of the Collective Rights Management Directive4 , such a proposal values collective rights management as a win-win solution for both rightholders and cultural heritage institutions, ensuring remuneration for the former and legal certainty for the latter. SAA is pleased to see collective rights management perceived positively and encourages European institutions to apply this model to other uses, particularly remuneration for audiovisual authors for the online exploitation of their works.

Download the full SAA contribution.