Montag, 24.06.2019 22:17 Uhr

The principle of fair remuneration for rightholders

Verantwortlicher Autor: Carlo Marino Rome, 10.09.2018, 09:44 Uhr
Presse-Ressort von: Dr. Carlo Marino Bericht 4392x gelesen

Rome [ENA] Plans to update of copyright rules for today’s online world and ensure fair pay for artists and journalists need to be backed bv EU law. It’s more and more important to adopt copyright laws fit to meet the challenges of the internet. The last laws to address copyright in the information society date back 17 years and the internet of today is extremely different to what it was in 2001.

Creators and news publishers must adapt to the new world of the internet as it works today. There are opportunities but there are also important shortcomings. Especially, news publishers and artists, mainly the smaller ones, are not getting paid due to the practices of powerful online content-sharing platforms and news aggregators. This is wrong and it’s imperative to redress it. The principle of fair pay for work done should apply to everyone, everywhere, whether in the physical or online world. At the current time it’s necessarily wise to ensure that artists, particularly musicians, and news publishers, are not deprived of fair remuneration for their work, by the strategies of sharing platforms and news aggregators.

It’s necessary to limit what elements of a news article news aggregators can share without needing to pay the rightholder a licence fee. That also entails sharing platforms either to pay fees to rightholders whose content is uploaded on these platforms or to ensure that an upload containing copyrighted material is blocked if the platform will pay no fee. In the absence of proof to the contrary, the publisher of a press publication should be regarded as the party entitled to conclude licences and to seek application of the measures, procedures and remedies referred to in Directive 2004/48/EC and in Article 8 of Directive 2001/29/EC in respect of the rights provided for in Article 2 and 3(2) of Directive 2001/29/EC, concerning the digital

use of the works and other subject-matter incorporated in such a press publication, provided that the name of the publisher appears on the publication. Press publishers should not invoke the presumption against the authors and other rightholders and, in particular,should not deprive them of their right to exploit their works and other subject-matter independently from the press publication in which such works and other subject-matter are integrated. Without prejudice to Article 3 (1) and (2) of the Directive 2001/29/EC, online content sharing service providers perform an act of communication to the public when they store phonograms, broadcasts, films or musical works uploaded by their users and play an active role, including by optimising

the presentation of such uploaded works or promoting them, allowing those providers to have knowledge of the content or control of the user uploads. Licensing agreements concluded by the online content sharing service providers with rightholders should cover the liability for works uploaded by the users of their services, provided that those users do not act for commercial purposes or are not the rightholder or his or her representative. Online content sharing service providers should, in cooperation with rightholders, take proper and impartial measures to ensure the functioning of licensing agreements where concluded with rightholders for the use of their works or other subject-matter on those services.

The European Union should ensure that online content sharing service providers apply those measures based on the relevant information provided by rightholders. Online content sharing service should be transparent towards rightholders and their users and should inform both rightsholders and their users of the measures employed, their implementation, and, where relevant, periodically report on the use of the works and other subject-matter.

To prevent misuses or limitations in the exercise of exceptions and limitations to copyright, the lawmakers should ensure that the service providers put in place effective and punctual complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph . Any complaint filed under such mechanisms should be processed without undue delay and should be subject to human review by a trusted third party designated by the EU Member States.

In this respect, an action to facilitate, where appropriate and necessary, the identification, the cooperation between the online content sharing service providers, users and rightholders through stakeholder dialogues could be a solution to the problem. And that in order to define best practices for the implementation of the measures, taking into account, among others, the nature of the services, the availability of technologies and their efficacy in light of the new state of affairs and of technological developments.

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