EFJ Responds to Green Paper on the online Distribution of Audiovisual Works in the EU

The EU Consultation on the online distribution of

audiovisual works is aimed to assess the challenges and difficulties towards

the development of cross border distribution of audiovisual works,

including radio broadcasts, TV news reports and documentaries.

In its response, the EFJ recalled

that journalists were authors of audiovisual works and enjoyed both

moral and economic rights over their audiovisual creation. It highlighted

situations where journalists are forced to transfer their authors rights with

no possiblity of negotiation of the contract nor of receiving fair

remuneration. It called in particular on the role of collective agreement and

collecting society organisations in managing uses of audiovisual works on

behalf of journalists.

To balance unequitable negotiating power between

individual journalists and broadcasters or other producers when an

audiovisual author or creator has transferred or assigned his/her making- available

right to a producer or a broadcaster,  the EFJ believes

that the journalist  must retain

the right to equitable remuneration. It argues that this right to equitable

remuneration for the making- available of the work is meaningless unless it is made unwaivable.