Myths Debunked

The new remuneration right for performers will not lead to blocked money from platforms

Myth

"If an unwaivable remuneration were put in place, it would lead to long-lasting negotiations with the platforms, i.e. blocked money."

Fact-check

To the contrary, once the tariff for equitable remuneration is established, no further negotiations are required. The platforms will pay the money to the collective management organisation which will then  distribute earnings to performers according to their comprehensive databases. This is much preferable to individual negotiations like those conducted by labels.

It is simply a redistribution of the money coming from the platform. As the pie chart is clearly showing, the performers are currently not getting a piece of it. With the new remuneration right, they will. 

Performer Remuneration is compliant with International Treaties!

Myth

" A new remuneration right for performers managed by CMOs would legally not comply with international internet Treaties."

Fact-check

Equitable remuneration is based on the main international legal instruments for the benefit of performers, the Rome Convention of 1961 (Article 12 - Secondary Uses of Phonograms) and the WIPO Performances and Phonograms Treaty of 1996 ((Article 15 - Right to Remuneration for Broadcasting and Communication to the Public).

 

At European Union level, Equitable remuneration has been provided in the mandatory Article 8 (2) rental and Lending Directive 2006/115/EC. The scope of equitable remuneration has been left at the discretion of individual member states; for instance, the United Kingdom only provides equitable remuneration for broadcasting (excluding making available to the public) whilst Spain provides equitable remuneration for making available to the public (notably since 2006). The same directive in recital 12 refers to the “administration of this right by collecting societies representing them.”

You can read about how Spain has succesfully implemented the remuneration into their law and how the Spanish CMO AIE are managing it right HERE.

The new remuneration right does not contradict any older Directives

Myth

"An unwaivable remuneration right managed by CMOs  would be in contradiction with directive 2001/29 (transposed in our national Law)"

Fact-check

The provision of equitable remuneration is independent of the information society directive 2001/29/EC; equitable remuneration is due for the residual rights in the broadcast or communication to the public. This directive only covers the exclusive rights in the communication to the public generally transferred by contract whilst equitable remuneration under the rental and lending directive 2006/115/EC concerns are different and additional right.

General academic opinion supports the new remuneration right and they consider collective management to be the most effective way of implementation in local law. 

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