The European commission released a report on its public consultation on the EU copyright review. This consultation launched in December 2013 is part of the European Commission's objective to "review and modernise" the EU copyright rules. The consultation invited stakeholders to share their views on areas identified in the Communication on Content in the Digital Single Market (IP/12/1394) including on limitations and exceptions to copyright and remuneration of authors and performers.
The report on the responses to the copyright review consultation to which the
EFJ responded is now available on:
http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/docs/contributions/consultation-report_en.pdfThe public consultation has generated broad interest with more than 9500 replies received from a wide range of stakeholders including users, consumers, right holders, industry, collective management organisations and governments.total responses:end users/consumers: 5622 (58%)Authors/performers: 2376 (24.8%)Institutional users: 305 (3.2%)Publishers/broadcasters/producers: 829 (8.6%)Service providers/intermediaries: 113 (1.2%)CMOs: (109 -1.1%)Member states: 15 (0.2%)Public authorities: 13 (0.1%)Other : 199 (2.1%) The report addresses extensively the issue of remuneration of authors and performers.- Interesting support is expressed by end users and consumers who believe an intervention is needed at EU level to ensure remuneration of authors/performers and calling on best seller clauses and the prohibition of buy out contracts.
- Institutional users also call for EU intervention and use the german law as a model. Some ask for an unwaivable right to remuneration for authors/performers.
- Authors and performers raise the issue of unfair contractual terms, many support an unwavaible right to remuneration, most are in favor of strong collective bargaining, some criticised moral rights waiver (journalists and photographers)
- For publishers, producers and broadcasters authors and performers are adequately remunerated and no EU intervention is needed. Contract law should remain the competence of member states.
- Collecting societies also denounce unfair contractual practices and some argue in favour of an unwaivable right to remuneration.
- Intermediaries and ISPs see no need for EU legislation but some recognise the unfairness of contracts. They are generally against levy systems as a good way to remunerate creators.
- Member states recognise the need for fair remuneration but say it belongs to their national competence.
