CISAC position paper on the EU "Copyright Package"

Through a position paper send to all EU institutions, CISAC acknowledges that the Copyright Package published on 14 September 2016 by the European Commission is an opportunity to create a copyright framework, which better reflects the online market. CISAC highlights in particular the first step taken by the EC to address the transfer of value by clarifying the obligations and the liability rules of certain categories of online intermediaries that play an active role in providing access to protected content.

It also greets the recognition, through the introduction of the extended collective licensing or mandatory collective management mechanism, that collective management is an efficient and successful solution for wider access to creative content and that CMOs are competent in adapting their processes to online uses of works.

CISAC also welcomes the careful approach on exceptions and limitations to authors’ right. In particular, CISAC appreciates the position taken by the EC to finally consider that the panorama exception does not require neither further intervention nor harmonisation at the EU level.

These proposals are a step in the right direction, but they need to be further strengthened by certain amendments during the legislative adoption procedure to secure fair remuneration and a better future for creators while providing an appropriate legal framework for all stakeholders. CISAC underlines the need for a greater clarity on the application of the communication to the public right and the status of user uploaded platforms, as well as a clarification of the liability scheme in the course of direct-injection cases.

This position paper has also been a good opportunity for CISAC to raise concern on other topics and ask for further measures. In particular, CISAC underlines the need to introduce an unwaivable and inalienable right to remuneration right for audiovisual creators to ensure that authors are fairly remunerated for the online exploitation of their work. It is of utmost importance that EU introduces into the Copyright Directive a new provision establishing an unwaivable right of remuneration for directors and screenwriters so that they can make a livelihood with their creation, in particular in the digital world where there are no national borders. It will restore equality and ensure a fair remuneration for all audiovisual authors throughout Europe.

Read the full position paper here. (404)