AUTHORS' RIGHTS CAMPAIGN

IFJ/EFJ Calls for Actions to End Unfair Contractual Practices

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 23 April 2012

To mark the International Copyright Day 2012 on 23 April, The International Federation of Journalists (IFJ) and its regional group, the European Federation of Journalists (EFJ), join forces with songwriters, composers, film directors, screenwriters, illustrators, photographers and visual authors across Europe to launch a public campaign aiming to bring an end to the unfair contractual practices facing creators. 

"On this occasion, we recall the UNESCO Recommendation concerning the Status of the Artist (1980) and urge national governments and social partners to commit to the aim of the Recommendation in providing the necessary socio-economic safeguards to which journalists are entitled." says Jim Boumelha, IFJ President.

In a petition letter sent to members of the European Parliament and the European Commission, the group of creators denounced the act of coercive commissioning and unfair contractual agreements being imposed upon creators by some of Europe's biggest broadcasters and publishing companies. They support the complaint brought by the European Composers and Songwriters Alliance (ECSA) on January 17th against a group of European broadcasters and their alleged anti-competitive practices through coercive commissioning and unfair contractual agreements.

"Today authors are frequently coerced to waive, or assign parts of our statutory authors' rights in the name of freedom of contract and flexibility," the group denounced. "Flexibility, which merely allows producers and financiers to impose one sided contracts on individual authors with impunity."

"The current system is far from fair for creators," said Arne König, EFJ President, "The ECSA case illustrates a wider problem in which a distortion of the market and unfair competition exist."

"Journalists and creators need fair trade too," said König, "If journalists are chosen not because of their professional qualifications, but on the basis of their willingness to assign more rights, or in worst case, waive all their rights, or work for free, this will ultimately have a negative impact on the quality of information they provide to the public."

The group warned that if the situation left unresolved, Europe's culture and democratic values will be at stake because a distorted market will stifle creativity. They demand that all contractual agreements for creators should comply with the eight unwaivable author's rights principles.

The EFJ urges Europe's policy-makers to act by creating a leveled-playing field to improve the negotiating power of creators.  The EFJ says that there currently no enforceable instrument at EU level that ensures fairness in contractual agreements for creators who often find themselves as victims in a distorted market. 

Please sign up to the petition now to end coercive contractual practices for creators! 

CALL FOR ACTION – 8 Unwaivable Principles in Contractual Agreements

We demand that authors’ contracts be in compliance with the following key principles:

1. All creators shall receive fair pay (i.e. equitable remuneration) for each use of their work, throughout the duration of their authors’ rights;

2. Additional use of their work must be subject to fair payment and negotiation between the creator and contracting party;

3. The offer of a commission must not depend on any publishing rights being assigned to the contracting party. It is recognised that the granting of publishing is the prerogative of authors and that authors are free to choose to whom to assign or license their rights;

4. All creators, whether freelance or employed, shall have the right to negotiate collectively with publishers, producers, broadcasters or other contracting parties;

5. All statutory transfer of authors’ rights (i.e. work-for-hire clauses) shall be deemed unenforceable;

6. Any right not specifically transferred by name shall be retained by the creator;

7. Any right that is not used, such as the failure of the publisher, producer, broadcaster or other commissioning party to release or exploit a work within a reasonable period of time, shall revert to the creator;

8. Full respect of moral rights as set out in Article 6bis of the Berne Convention.

About

The group of creators include the International/European Federation of Journalists (IFJ/EFJ), the Federation of European Film Directors (FERA), the Federation of Screenwriters Europe (FSE), the European Visual Artists (EVA), the European Composers and Songwriters Alliance (ECSA), the European Illustrators Forum's (EIF) and Pyramide Europe.

IFJ/EFJ Calls For Campaign

Against RIGHTS-GRABBING Contracts

 Scroll down to see the list of national campaigns!

21 March 2011

The growing trend among media organisations to use right-grabbing contracts has become a matter of growing concern for the International and European Federation of Journalists (IFJ/EFJ).  Recent developments in major media organisations, including international news agency, Agence-France-Press (AFP) and the German publisher, Bauer, shows that journalists are facing increasing difficulties in securing their rights.

The IFJ/EFJ, therefore, calls on Member Unions to launch a European wide campaign against these right-grabbing contracts and to demand fair payments to journalists.

What is a rights-grabbing contract?

Contrary to international and national laws, right-grabbing contracts often demand journalists to sign away their authors’ rights, including both economic and moral rights.

These contracts demand that, journalists shall

• assign to the publisher a worldwide, exclusive right to use, reproduce, display, modify and distribute his/her work in all types of platform, known or future;

• allow the publisher to transfer his/her works to third parties without additional payment to the author and exploit his/her works in any way the publisher deems necessary.

How to Enforce journalists’ authors’ rights?

I.              Inform journalists about their rights

The authors’ rights of journalists are protected by international treaties and national laws. These rights not only include the economic rights of authors but also their moral rights.

Moral rights are guaranteed in national laws. The national legal frameworks in most European countries[1] recognise unwaivable moral rights of authors. The exceptions are the UK, Ireland and the Netherlands where moral rights can be waived – and publishers therefore frequently demand this.

Moral rights are defined in international treaties and national laws. Article 6bis of the Berne Convention for the Protection of Literary and Artistic Works stipulates that:

...the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honour or reputation.

II.            Say “NO” to right-grabbing contracts, advocate collective agreements

Journalists shall never sign right-grabbing contracts. Journalists who sign the right-grabbing contracts not only lose the right to use their works autonomously, but also the (moral) right to protect the integrity of their works.

The IFJ/EFJ encourages Member Unions to advocate collective agreements or model contracts that include an authors’ rights clause[2]. The clause stipulates that,

1)    All authors’ rights in the work shall remain with authors who will retain their exclusive rights. The licence granted to publish or broadcast the work will be limited to the first publication/broadcast only. Unless there is express written agreement to the contrary, the licence shall expire within a certain period[3] as permitted by national law after the delivery date. The publisher/broadcaster shall not make the copies available without the permission of the author after the licence expires.

2)    Any modification of the work shall be subject to prior authorisation by author.

3)    Publisher/broadcasting company agrees that the following credit line (name of the author, date) shall accompany every publication or broadcast of the material.

Launch your national campaign NOW!

The IFJ/EFJ is calling on member unions to launch their national campaigns against right-grabbing contracts on the World Copyright Day, 23 April 2011. On this particular day which is devoted to celebrate the contribution made by all creators to our societies, we shall demand that responsive democracies treat journalism as a public good, defend the authors’ rights of journalists, and reward journalists fairly.  

Proposed actions:

·         Support our colleagues in France by writing a petition letter (download the sample letter) to the AFP at your country and demand them withdraw right-grabbing contract;

·         Launch your national campaign against right-grabbing contracts;

·         Demand for fair payment to journalists and enforcement of their authors’ rights; 

·         Spread the word and build alliance – alert the IFJ/EFJ Secretariat about the anti-authors’ right contracts at your country and we will provide you with support.

NATIONAL CAMPAIGN NEWS

Finland

Finnish Freelances March against Unfair Treatments