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.