Press release: Be bold and implement Article 18 with a statutory right to remuneration, advise legal experts Member States

Be bold, look at the success stories of statutory rights to remuneration to ensure fair remuneration to audiovisual authors, was the message of three legal experts at SAA’s seminar to national legislators ahead of today’s deadline to implement the Directive on Copyright in the Digital Single Market.

During SAA’s expert seminar on 2 June, three legal experts presented the model of a statutory right to remuneration paid by users and collectively managed, and addressed Member States’ questionson its articulation with contractual freedom, the transfer of the exploitation rights to producers, the payment by users, collective management and the impact on the market.


“Be bold, be not afraid. The principle of Article 18 is good but not enough to secure theright to remuneration for authors. Do not fear enforcement obstacles, they can always be solved. Current circumstances require strong legislators that are ready to take on the challenge and make a statutory step for authors’ rights", said Raquel Xalabarder, Copyrightlaw specialist and Universitat Oberta de Catalunya Intellectual Property Chair Professor.

“Look at success stories in European countries. Authors have not benefited from the huge consumption of culture that we have profited from during the COVID-19 crisis. Right now, with the implementation of Article 18, Member States have the opportunity to make it right”, said Séverine Dusollier, Law Professor, Sciences Po Paris.

“Article 18 is a breakthrough for the whole creative sector. It offers several options for Member States to implement fair remuneration in accordance with a national context, whether through collective bargaining, extended collective licensing or statutory remuneration managed by collective management organisations. The latter has proven tobe the best way to ensure a fair share of revenues to audiovisual authors in Poland”, said Dominik Skoczek, Managing Director at ZAPA, Poland.

Fred Breinersdorfer, SAA Patron and German screenwriter and director, shared the experiences of screenwriters in a video testimony. He told about the many hours and sometimes several years ofunpaid work that are behind a script. He described a successful script as one that the author is paidfor, that is shot and finally brought on air, and this only represents 10-15% of his work. Even when successful, authors are in a weak bargaining position and, without a Collective Management Organisation to represent them, they rarely receive any royalities for their work.

Watch the recording of the event and access the experts presentations on this page.