Onderzoek Europese Commissie naar vergoedingen auteurs en uitvoerende kunstenaars

21-08-2015 Print this page
B913964

Uit het persbericht: "A new EU study looks at the level of remuneration paid to authors and performers in the music and audio-visual sectors in ten EU countries (France, United Kingdom, Germany, Spain, Poland, Italy, Hungary, the Netherlands, Denmark and Lithuania). The Commission is looking for evidence whether, and to what extent, the differences that exist among the Member States affect levels of remuneration and the functioning of the internal market. [...]

Key findings include.

Transparency
There is a lack of transparency of the remuneration arrangements in the contracts of authors and performers in relation to the rights transferred. The complex contractual relations between creators on the one hand and publishers, producers and collective management organisations on the other, make it hard for authors and performers to understand what remuneration they are owed for the exploitation of their rights. This is particularly relevant in relation to the digital forms of exploitation. 
Even when authors and performers understand how much they should earn from the exploitation of their rights, they may not have access to information that would enable them to verify whether or not they receive the correct payments.

Scope of transfer
Certain groups of authors and performers, such as those new to the industry, are in a weaker bargaining position than others. Problems however arise if they get locked into long contracts with relatively unfavourable terms, in particular if they become successful.

To alleviate this problem, the laws of a number of Member States, in different ways, expressly regulate the transfer of rights relating to forms of exploitation that are unknown or unforeseeable at the time the copyright contract was concluded, as well as the transfer of rights relating to future works and performances.

Collective bargaining
In some Member States collective action by unions and associations (and collective management organisations that fulfil similar functions) play an important role, especially for authors and performers in the audio-visual sector.
Besides providing support at the time of negotiating remuneration agreements (including both direct support and the assistance provided through the union’s involvement in preparing and promoting model contracts), unions and associations can also be effective at the moment of enforcing agreements. Nevertheless, unions and associations of authors and performers have not been set up in all Member States or, where they have, for all categories of authors and performers."

Lees hier meer, lees het final report (o.a. van het IViR) hier en lees de samenvatting hier.