Last week, the European Audiovisual Observatory (EAO) published a new study titled “Fair Remuneration for Audiovisual Authors and Performers in Licensing Agreements”, co-authored by Amélie Lacourt, Justine Radel-Cormann and Sophie Valais. The document is divided into five different chapters.

The first chapter contains “a structured overview of the value chain involved in the creation of an audiovisual work, the various production stages and the associated rights that must be licensed, with a particular focus on new online distribution models”. The last part of the chapter looks at the different types of contracts and remunerations common in today’s European audiovisual sector.

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Next, the second chapter examines the EU legal framework for fair remuneration. In it, the authors point out, “A well-functioning marketplace for copyright needs two major policy goals: improving the lack of transparency in contractual relationships and restoring the balance between the bargaining power of the various contractual partners.”

The third chapter expands on the implementation of Chapter 3 Title IV of the CDSM (Copyright in the Digital Single Market) Directive. In particular, it explores the topics of the transfer of rights to the producer, how to ensure an appropriate and proportionate remuneration for authors and performers for the exploitation of their works and performances, as well as transparency obligations. The authors analyse different approaches in seven EU states – namely, Germany, France, Belgium, Hungary, the Netherlands, Slovenia and Spain.

The fourth chapter digs deep into the role of collective bargaining in ensuring greater transparency in contractual arrangements and fair remuneration for creators in the audiovisual sector. It also provides an overview of the various mechanisms envisaged at the national level. In addition, it contains a special focus on collective agreements and collective management organisations, featuring case studies from Germany, Sweden, Denmark, Poland, France, Italy, the Netherlands and the USA.

The last chapter covers recent EU case law. Even though the relevant case law is still not that “abundant”, it already allows us to draw some conclusions and to highlight some key concepts on the topic of fair remuneration.

In sum, the authors of the report underscore “how central the issue of fair remuneration for creators is at a global level, in particular in the context of streaming platforms, with a view to supporting the vitality and sustainability of the film and audiovisual sector”.

The document can be accessed in full here.