European commission launches copyright consultation

The European Commission  launched a public consultation as part of its on-going efforts to review and modernise EU copyright rules.

The consultation invites stakeholders to share their views on areas identified in the Communication on Content in the Digital Single Market (IP/12/1394), i.e. territoriality in the Single Market, harmonisation, limitations and exceptions to copyright in the digital age; fragmentation of the EU copyright market; and how to improve the effectiveness and efficiency of enforcement while underpinning its legitimacy in the wider context of copyright reform.  

The consultation directly adresses the remuneration of authors and performers.  It points in particular at the "few provisions in the EU copyright law governing the transfer of rights from authors or performers to producers or determining who the owner of the rights is when the work or other subject matter is created in the context of an employment contract".

While this  area has been left for Member States to regulate, the consultation points  significant differences in regulatory approaches and raises concerns over the lack of adequate remuneration of authors and performers. 

Contractual practices, negotiation mechanisms, presumptions of transfer of rights, buy-out clauses and the lack of possibility to terminate contracts are pointed at. 

The EFJ will respond to this consultation which is opened until 5 February 2014. 

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To learn more about the process