Today the European commission launched a call for tender to complete a study assessing the remuneration of authors.
This study forms part of the ongoing review of the EU copyright/authors’ rights 'acquis'. A study on the remuneration of authors and performers for the use of their works in the audio-visual and the music sectors is already underway.
This study should analyse the applicable legal framework and collect data on the remuneration of authors for the use of their works, including the mechanisms and terms of contracts that have an impact on their remuneration and their bargaining position in the following sectors: books, journalism (written press and audiovisual) , scientific/academic journals, translation and visual arts. The study should cover both the online and offline exploitation of the works of authors.
While the European Union copyright/authors’ rights legislationrecognises a number of exclusive rights for authors such as the reproduction or making available rights, it does not provide for specific rules as regards the transfer of rights from authors to news publishers or broadcasters nor any contractual term or remuneration that should be applicable in contracts involving authors. These areas have been traditionally for the Member States to regulate and great differences exist amongst EU member states.
The study will examine the systems present in 10 Member States (UK, FR, DE, IT, ES, PL, IRL plus 3 additional EU Member States) aiming to ensure remuneration for authors and present a conclusion as to the relative advantages and disadvantages of those systems, including how the existing solutions affect the bargaining position of authors in the market as well as the functioning of the internal market.
The study should assess the need to harmonise mechanisms, including contractual terms affecting the remuneration and bargaining position of authors, and should determine which ones are the best suited to achieve the objectives. Their potential impact on distribution models, including multi-territorial licensing, and on the functioning of the Internal Market should particularly be examined.
Deadline for tender application is 27.8.2014
The study will last for 9 months.