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.