New copyright reform proposals from the European Commission seek to improve the rights of creators in the online environment as part of the plans for a Digital Single Market.
Levelling the playing field between creators and online platforms
Speaking on
the reforms, President of the
European Commission, Jean-Claude Juncker said on 14 September, “As the world goes digital, we also have to empower our artists and creators and protect their works. Artists and creators are our crown jewels.”
DACS welcomes the copyright reform proposals where they intend to make a better deal for creators and allow for fairer remuneration.
The voices of creators have been heard as the copyright reforms seek to reduce the value gap between online platforms’ profits from displaying creative content and the low or inexistent remuneration for those content creators. As a first step, online platforms are to cooperate with rightsholders and to ensure they apply technological methods to identify infringing use of copyright protected material on their sites.
DACS is also pleased to see that the European Commission has recognised that creators are often paid a disproportionately low fee for their work without being able to benefit later if the work becomes more successful than the initial contract. The new proposals seek to address this imbalance to safeguard creators’ rights with a contract adjustment mechanism. Further clarity is needed on how this adjustment will be introduced and making it fit for purpose in working towards fairer contracts.
Furthermore, the European Commission has understood the value in existing licensing solutions that operate today and that creators can benefit from, so even the exception for educational uses that would put the rest of Europe in line with UK standards, preserves the right for creators to be paid fairly for their work.
Lastly, DACS welcomed the recent legal changes that required all UK collective management societies to provide transparency to rightsholders through the
Collective Rights Management Regulations. Now the new proposals from the European Commission have levelled the playing field by introducing transparency obligations to other organisations that a rightsholder licences or transfers their rights to.
Next steps
The proposals will be scrutinised and amended by European Council and Parliament over the next few years and DACS will be following the process closely.
DACS has been championing artists’ rights for 30 years and will continue our efforts working with the UK Government on how to ensure UK law can reflect these principles and continue to benefit creators and their rights.
Related pages:
Read the EU proposals in full
Read our responses to recent public consultations
Image: Paint pots in DACS member Julie Umerle's studio. Photo © Brian Benson, 2016.