{"id":3036,"date":"2019-12-27T08:46:20","date_gmt":"2019-12-27T08:46:20","guid":{"rendered":"https:\/\/www.dekuzu.com\/en\/?p=3036"},"modified":"2020-02-04T16:53:37","modified_gmt":"2020-02-04T16:53:37","slug":"fair-remuneration-in-contracts-of-authors-and-performers","status":"publish","type":"post","link":"https:\/\/www.dekuzu.com\/en\/2019\/12\/fair-remuneration-in-contracts-of-authors-and-performers.html","title":{"rendered":"SWD IA on the EU copyright modernization \u2013 fair remuneration in contracts of authors and performers"},"content":{"rendered":"\n

Authors and performers face a lack of transparency in their contractual relationships as to the exploitation of their works and their performances and as to what remuneration is owed for the exploitation.<\/span><\/p>\n

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Works are not generally exploited by the creators themselves; commercial exploitation is often arranged through the grant of licences or the transfer of rights e.g. to a publisher, producer, or a broadcaster. These contractual relationships constitute the exercise of the economic rights and govern the exploitation of works and the remuneration owed to creators. Creators should be able to license or transfer their rights \u201cin return for payment of appropriate remuneration\u201d, which is a prerequisite for a sustainable and functioning marketplace of content creation, exploitation and consumption.<\/span><\/p>\n

The determination of what constitutes appropriate remuneration depends on factors such as the nature and scope of the use of the works. However, there is sufficient evidence of creators lacking access to such information, and calling for legislative intervention by the EU. For example, creators point to the poor quality and\/or lack of accounts and reporting by publishers and producers with regards to the use of the rights they have transferred. The information received from creators and some recent studies indicate that the lack of transparency in the creators’ contractual relationships concerns:<\/span><\/p>\n