Proposal on the conditions for the remuneration of third country recorded music played in the EU

ARD welcomes the opportunity to comment on the European Commission’s call for evidence on the conditions for the remuneration of third country recorded music played in the EU and the possibility to provide feedback .

Input Call for evidence – DG Connect I.2 Copyright September 22, 2022 The Commission is considering an initiative that would introduce rules for third country nationals, whether natural or legal persons, by amending the article 8 (2) of the Directive 2006/115/EC on rental and lending rights (RLR directive). We fully support this initiative and hope for rapid implementation.

Dansk Artist Forbund is a trade union of professional performers. It is therefore a matter of great concern to us and we thank you for the opportunity to be heard. Dansk Artist Forbund fully supports the Commission’s initiative and hopes it will be given the highest priority. In general, we consider the principle of material reciprocity to be both common sense and reasonableness.

Filed in Danish · English published by the European Commission

Portugal’s position on the remuneration of producers and interpreters from third countries, for the use of phonograms in the EU, are attached in Portuguese and English, where the reasons for opposition are developed and explained for a legislative initiative to change the current situation in Europe.

Filed in Portuguese · English published by the European Commission

The Association of European Radios – AER – is the Europe-wide trade body for commercial radio, representing the interests of companies operating over 5,000 commercial radio stations to the EU Institutions. AER promotes the development of commercially-funded radio broadcasting in Europe, by ensuring a fair and sustainable economic framework for radio so it can continue to thrive.

The Motion Picture Association (MPA) is the leading advocate of the film, television, and streaming industry around the world. MPA represents the interests of major international producers and distributors of film and television content. Our members are Netflix Studios, Paramount Pictures Corporation, Sony Pictures Entertainment Inc, Universal City Studios LLC, Walt Disney Studios Motion Pictures and Warner Bros.

The Danish Musiker Forbund is grateful for the opportunity to provide input to the Commission’s initiative in connection with the RAAP judgment of the European Court of Justice. The RAAP judgment ignored the carefully negotiated balances between the parties to the Rome Convention and WIPO Performances and Phonograms Treatys and third countries with regard to levels of protection and reciprocal payment of copyright…

Filed in Danish · English published by the European Commission

SPEDIDAM is a French non-profit collective management organisation which represents, collects and distributes the related rights of performers in the music and audiovisual sector. In 2021 SPEDIDAM credited 102.326 performers collectively managed for exploitation in France and in the world of their registered work.

Filed in French · English published by the European Commission

The International Federation of Actors represents performers' trade unions, guilds and professional associations in about 70 countries. As such, FIA speaks for hundreds of thousands of professional creative workers performing on live shows and on all recorded media, including those in the US and in most EU member states. FIA has the pleasure to contribute to this consultation, copy of which is attached to this form.

Artistas Intérpretes, Entidad de Gestión de Derechos de Propiedad Intelectual (hereinafter referred to as AISGE) is the collective management organization authorized by the Spanish government to administer the rights granted to performers on their audiovisual performances by the Spanish Law on Intellectual Property (Royal Legislative Decree 1/1996, of 12th April, amended by Laws 23/2006, of 7th July, and 21/2014, of…

UPFI is the historical union of French independent producers and distributors. For almost 30 years, he has been defending the interests of French VSEs, SMEs and middlemen in their relations with the music industry, the public authorities and the press. As the first promoter of music diversity, UPFI is committed to promoting French creation and its funding.

Filed in French · English published by the European Commission

AEPO-ARTIS is a non-profit making organisation that represents 37 European performers’ collective management organisations from 27 different countries, most of which collect the remuneration addressed by this call for evidence. The number of performers, from the audio and audiovisual sector, represented by our members can be estimated at 650,000.

Grammo is a Collective Management Organization representing phonogram producers in Greece and Cyprus. On 22.04.2021, in response to a letter of the Hellenic Copyright Organization, Grammo sent its arguments regarding the effects of the CJEU in case C-265/19,RAAP. The above arguments are set out in the attached document.

ADAMI is a French non-profit collective management organisation which represents, collects and distributes the related rights of performers in the music and audiovisual sector. In 2 021, Adami credited 106 732 performers collectively managed for exploitation in France and in the world of their registered work: —42.901 performing artistors for music 69.277 audiovisual artists-interpreter Pursuant to the bilateral…

Filed in French · English published by the European Commission

The SPPF is a French non-profit collective management organisation (OGC) established in 1986 by and for independent registered music labels. It represents, manages and distributes the related rights of the main independent music labels, whether French or foreign, and administers a repertoire of more than 4,3 million phonograms and more than 26 000 video recorders.

Filed in French · English published by the European Commission

IMPALA is the European association of independent music companies. EU performers and labels stand to be the most impacted by the “RAAP” ruling. We very much welcome the European Commission’s intention to introduce rules for third country nationals through a legislative intervention.

The European Broadcasting Union (EBU) – the world’s leading alliance of public service media [1] (PSM) – welcomes this consultation and would like to make the following observations: As national broadcasters, EBU Members use music on its own, either as commissioned or licensed productions for transmissions (broadcasting and on-demand services).

Artistas Intérpretes o Ejecutantes, Entidad de Gestión de Derechos de Propiedad Intelectual (AIE) is the Spanish collecting society representing the interests of musical artists in all genres. Through 102 reciprocal agreements with collecting societies in 58 countries we are part of an international framework of artists’ collecting societies; we operate at a global level.

The Lithuanian Association of Related Rights (AGATA) represents local and foreign performers and record producers in Lithuania. It has more than 11,000 local members (over 9 500 performers, 1 300 phonogram producers) and cooperates with 29 foreign collective management organisations under bilateral agreements, has 22 contracts with both performers and record producers representing foreign agents and 21 direct…

Filed in Lithuanian · English published by the European Commission

Creative Commons (CC) is pleased to submit our brief comments in the framework of the call for evidence on Remuneration of music performers and record producers from third (non-EU) countries for recorded music played in the EU. CC is an international nonprofit organization dedicated to helping build and sustain a thriving commons of shared knowledge and culture.

PlayRight* strongly supports the initiative defined in the present Call for Evidence and appeals to the Commission to pursue the said initiative with the highest priority. You will find our feedback in attachment. *PlayRight is the collective management organisation (CMO) of neighbouring rights for performing artists in Belgium and manages as such the single equitable remuneration.

SoundExchange (SX) is a US non-profit organisation formed by and for the recorded music industry to administer royalties for the digital transmission of recorded music. It collects and distributes digital performance royalties on behalf of recording artists and master (i.e.

Dear Sirs, Please note that on 26 October 2021, the German Association for the Protection of Intellectual Property (GRUR) published an opinion on the impact of the ECJ's decision of 8 September 2020 in Case C-265/19 Recorded Artists Actors Performers Ltd v Phonographic Performance. This opinion was then sent to the German Ministry for Justice and Consumer Protection.

Dear Sir or Madam, the Austrian Federal Economic Chamber welcomes the proposal in so far as it makes it clear that the principle of reciprocity under international law must also be observed in respect of the copyright remuneration of performers and phonogram producers. This corresponds to the current legal situation in Austria.

Filed in German · English published by the European Commission

As the Dutch national public broadcaster, NPO, we agree with the analysis and strongly support a legislative initiative as set out in the Call for Evidence. We will give some background information and point out the massive impact of the RAAP/PPI-decision in the Netherlands and the possibilities to “fix” the negative consequences of RAAP/PPI in the EU (also attached as PDF).