Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-04-22-Speech-3-456"
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"en.20090422.59.3-456"2
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"Mr President, the Commission fully supports Parliament’s compromise text which is tabled to be voted at this part-session. This very balanced compromise text will hopefully facilitate the adoption of the proposal at a single reading. Such an outcome will be a very welcome development for EU performers. It will show our appreciation for the creative contribution musicians make to our lives and to our culture.
The declaration would read: ‘The Commission recognises the pressing need for the collective management of the rights of phonogram performers and phonogram producers when radio or television productions incorporating broadcasts from commercial phonograms as an integral part thereof are made available to the public in such a way that members of the public may access the radio or television productions from a place and at a time individually chosen by them. The Commission will take appropriate measures to facilitate the implementation of such collective management and, as a first step, the Commission will institute a structured dialogue between stakeholders with the aim of establishing a functioning licensing regime. This declaration is limited to the on-demand making available of radio or television productions and does not cover the making available of the phonogram itself.’ End of the intended declaration.
The Commission put forward this proposal in July 2008. We are now in the midst of the worst economic crisis the world has seen in my lifetime. For many EU citizens this crisis affects their daily lives. Europe’s performers often live a very precarious existence at the best of times. This proposal ensures that performers can in their later life recoup a share in the income they generate.
Parliament is being sensitive to this, and the process has shown that the impetus to act for our creators is still alive. I believe that all the fears expressed by those who are against term extension will prove unfounded.
In conclusion I would like to warmly thank the rapporteur, Brian Crowley, and express my appreciation and admiration for the efficient handling of this file by the European Parliament.
Parliament’s compromise text has four main planks, all of which we wholeheartedly support: firstly, an extension of the term of copyright protection for performers and record producers from 50 to 70 years; secondly, a new claim for session players amounting to 20% of record labels’ off-line and online sales revenue; thirdly a ‘use it or lose it’ provision that allows performers to recover the rights after 50 years, should the producer fail to market the sound recording; and, fourthly, a so-called ‘clean slate’, which prevents record producers from making deductions from the royalties they pay to feature performers.
I am especially pleased to note that the session players’ fund, which operates on the basis of 20% of gross sales revenue, has to date come through the legislative process intact. Essentially this fund is tested on the fact that, contrary to all the criticism we have heard in the past year, the term extension will, on the one hand, provide income to performers in their twilight years and, on the other hand, promote the emergence of new arts.
Let me stress that this proposal is far from a simple term extension. For the first time ever in European copyright laws there will be a scheme whereby artists participate in the labels’ sales revenue: 20% of gross turnover is set aside for session artists. This is truly innovative. Mostly importantly, the 20% set aside is not revenue that accrues to a few superstars. This 20% is exclusively for distribution to the session players. Contrary to a widely-held belief, the likes of Sir Cliff Richard will not get a single penny out of the session players’ fund, and record labels such as EMI or Universal, which contribute to the session players’ fund, will have to make a profit on only 80% of gross turnover.
Then there is the clean slate, a provision that ends the unfortunate practice of deducting advances from featured artists’ royalties. Again, this provision is there for the lesser-known performers because it is their records which often do not recoup the advances.
There is also a clause allowing performers to undo buy-out contracts once their producers cease to sell their recorded performances. All of this is highly innovative and no EU proposal has ever pushed the boat out so far in favour of performers. This is not a proposal for the benefit of record labels. This is a carefully balanced approach aimed at rewarding Europe’s creators.
Some might argue that European creators are over-protected. Those who rely on copyright for their income would beg to differ. If artists stayed in the music recording business because it pays to do so, consumers would enjoy more variety as a consequence.
We also welcome the invitation for the Commission to conduct a separate impact assessment on audiovisual performers and to come forward with appropriate proposals during the course of 2010. We are confident that we can deliver the impact assessment within the time foreseen by Parliament.
The Commission agrees that the issue of managing online rights for the redistribution of TV and radio programmes merits close attention. As a corollary to the term proposal we have addressed the broadcaster’s legitimate concerns on online rights. The Commission therefore proposes to make the following declaration once the proposal is adopted in Council."@en1
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