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Brussels, 1 December 2014

AEPO-ARTIS study confirms that vast majority of performers are not remunerated for the legal

exploitation of their performances on the Internet

AEPO-ARTIS is pleased to send you the update of our study Performers Rights in International and

European Legislation: Situation and Elements for Improvement.

AEPO-ARTIS represents 35 European performers collective management organisations from 26

countries, 23 of which are established in the Member States of the European Union. The other

countries represented are Norway, Serbia and Switzerland. Our 35 member organisations represent

around 500.000 performers.

Performers are the musicians, singers, actors and dancers whose performances bring life and soul to

artistic works. Without them, Europe would not enjoy the vibrant cultural scene it does today. Without

them, there would be no creative content sector, a sector of vital financial importance to Europes

economy.

Drawing upon data from 26 countries, this study provides an overview of the situation of performers

rights and assesses the impact of the key EU Directives on the actual situation of performers. It

highlights their positive impact but also their limits.

The AEPO-ARTIS study demonstrates that approximately 92% of performers collections stem from the

right to equitable remuneration for broadcasting and communication to the public and remunerationfor acts of private copying. In addition 7% of the total collection stem from cable retransmission rights

based on compulsory collective management as per EU Directive 93/83/EEC. These rights therefore

are of particular importance and have remained a stable source of income for performers.

The fact that the right to broadcasting and communication to the public (representing itself 76% of

collection) is such an important and protected source of income is not least due to the compulsory

administration by collective management organisations (in the vast majority of countries) of this right.

However, the reality is that when Internet users are enjoying their favourite cultural and creative

works via legal online services, the vast majority of performers are not remunerated for it.

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The AEPO-ARTIS study confirms that the economic situation of performers has barely changed after

the introduction of the exclusive making available right in the 2001 Copyright Directive. The right is

generally transferred to producers under contractual agreements. Only a few famous performers

manage to negotiate the payment of royalties for the exploitation of their performances. In practice,

however, this right has not been effective as the vast majority of performers receive no remuneration

at all, or, at best, a derisory single all-inclusive fee.

This is reflected in the findings of the AEPO-ARTIS study where it can be seen that in 2005, collections

in respect of making available were effectively zero and by 2013, the amount collected still only

amounted to less than 1% of total collections. The EU law designed to protect and adequately reward

performers has therefore failed.

If performers are to actually receive remuneration for the making available of their performances via

on-demand services, which has become a significant new market and continues to grow rapidly,

current legislation needs to be adapted.

In order to make the making available right effective for performers, a measure should be introduced

in European law, complementary to the existing relevant provisions of Directive 2001/29/EC. Such a

measure should guarantee thatperformers, in the event that they transfer their exclusive right for

the making available of performances on demand, enjoy an unwaivable right to equitable

remuneration payable by the user and which is compulsorily administered by a performers

collective management organisation.

It would ensure that performers are finally remunerated for the making available of their audio and

audiovisual performances in music and film recordings that are made available to the public by online

and mobile services for on-demand use.

No more time must be wasted. Any efforts to modernise EU copyright law cannot be built on a

situation where performers, who are at the root of all creation, are left behind.

For further information, please contact:

AEPO-ARTIS

Association of European Performers' Organisations

Avenue de Cortenbergh 116 - B 1000 Brussels

Tel.: +32 2 280 19 34 - Fax: +32 2 230 35 07

www.aepo-artis.org

http://www.aepo-artis.org/http://www.aepo-artis.org/http://www.aepo-artis.org/