September 27, 2016

As previously reported in N2K, the European Commission recently outlined its vision for “promoting a fair and efficient European copyright-based economy”.  The ICMP says that it welcomes the various proposals as a first step but that there is still more to be done before rights holders, consumers and cultural diversity are fully protected across the EU.

ICMP says that it is pleased that the transfer of value (value gap) issue has been included in the package.  This shows that the Commission accepts that online platforms like YouTube are taking centre stage in providing copyrighted content, and that with this position comes responsible behaviour towards rights holders.  The Commission wants these online platforms to seek revenue-sharing agreements with rights holders.  This will benefit creators, while ensuring that online platforms and start-ups are operating on a level playing field.  This will also give consumers access to more creative content, which helps promote Europe’s cultural diversity.

Also in the proposals, the Commission introduced mandatory exceptions and limitations to copyright.  Although the ICMP believes that the current exceptions and limitations regime is positive, flexible, useful, and appropriate, it says that it is “comforted to see that the Commission recognises that licensing agreements ensure access to content and therefore should be protected”.

Essentially, the ICMP thinks that the package is “a step in the right direction” to guarantee that the value generated by online platforms when using copyright protected content is fairly shared with rights holders.  Director General Coco Carmona said: “We are also satisfied that the Commission has recognised that music publishers make an economic and creative investment that is worth protecting and as a result, have the right to claim a share of compensation for uses of works under an exception to copyright.  But more needs to be done so we will continue working with both the Council and the European Parliament in order to strengthen the rights of authors, composers, music publishers and other players in the creative value chain”.

The copyright package will next be discussed and analysed by the European Parliament and Council.  To read the ICMP’s press release in full, click here.