Fair digital rights for creators
CISAC remains at the forefront of the global campaign to correct the “transfer of value” which describes the appropriation of the value of creators’ works on digital platforms. After a five-year debate, the European Union in 2019 adopted world-leading legislation – the Directive on Copyright in the Digital Single Market - which helps rebalance the unfair bargaining relationship between digital services and creators.
The Directive confirms that online content sharing platforms such as YouTube and Facebook are covered under copyright rules and must be licensed by rightholders, just as other digital platforms are (e.g. Spotify, Amazon, Apple and Netflix).
Following adoption of the Directive in April 2019, the debate in Europe has shifted to implementation. At the international level, CISAC has been working to leverage the principles of the newly adopted legislation to influence policy makers in jurisdictions outside Europe.
CISAC also seeks to adapt the liability regime of ISPs and existing safe harbour laws to the current practices and business models, which have changed profoundly during the past years. Greater liability with respect to the potential illegal activities which take place in the digital platforms should be introduced, in particular with respect to hosting providers.
- See CISAC Annual Report 2020 page 14: “Exporting EU Principles”
- Position paper of CISAC ́s Legal Committee (CJL) concerning the EU “Copyright Package” (published by the EC in September 2017).
- Position paper issued by the CISAC’s Global Policy Committee (GPC) on fixing the transfer of value globally (2017)
- Economic Analysis of Safe Harbour Provisions by Professor Stan Liebowitz