collec%ve licensing An “independent” European perspec%ve Mars Mertens / OurMusic.Biz
Jun 10, 2015
collec%ve licensing
An “independent” European perspec%ve
Mars Mertens / OurMusic.Biz
The death of the collec%ve?
• Does this mean back to the individual? – Collec%ve > rights managers>individual
• Level playing field for various rights owners – High profile composers, new composers
• Collec%ve is Collec%ng? • Different role between Author’s society and the collec%ng body.
• Issues of exclusive deals and monopolies
Con%nent vs Anglo-‐America
• Anglo American Publisher controls Mechanical Right
• Online use is combina%on between mechanical rights and communica%on to the public (Performing Right).
• E.g.: Download 75% mechanical/25% performing
• E.g.: Stream 25% mechanical/75% performing
Popularity Anglo-‐American repertoire
• Important market share Anglo American repertoire in con%nental countries
• Local ar%sts co-‐write repertoire with Anglo-‐American authors, joint copyright. Mul%ple Publishers.
• Not only Hit Repertoire/ Cultural diversity one of the founding principles of European Union.
Local representa%on
• Anglo American publishers very o^en deal with local sub-‐publishers. How does this impact the changes in direct Cross-‐Border licensing?
• The author’s share looses value in the juggling system of the reciprocal agreements between socie%es.
Complex Copyright-‐ Mechanical
• Mechanical copyright (Interac%ve-‐Non interac%ve)
• Anglo American publishers withdraw rights • Mechanical copyright European socie%es – Reciprocal Representa%on agreements for E.E.A.? CISAC CASE was about Performing Rights! (2008)
• Mechanical copyright Non-‐ European socie%es – Exis%ng agreements not on EEA basis but by country.
Complex Copyright-‐ Performing
• Communica%on to the public: Performing copyright (Interac%ve-‐Non interac%ve)
• US performing Rights Org: ASCAP, BMI, SESAC • Performing copyright European socie%es – All Reciprocal Representa%on agreements for E.E.A. renewed a^er CISAC CASE? (July 2008)
• Mechanical copyright Non-‐European socie%es – Exis%ng agreements not on EEA basis but by country.
New Digital Music Services
• Pan European licensing impossible for start ups.
• Roll Out Country by Country. • Complexity: – what to pay – to whom – for which repertoire?
Tariff
• The tariff for Pan-‐ European licensing: – No fixed/set price per usage across Europe – O^en set by Tariff Country of Des%na%on – Split between Mechanical/Performing income might differ in various countries.
• No harmonisa%on of defini%ons/clauses in contracts. Eg status Temporary Download?
• The Tariff should be balanced between author and user to make innova%on possible.
BUILDING A NEW STRUCTURE DDEX -‐ GRD -‐ IMR -‐ DCE
• Digital CrossBorder licensing asks for new standards and databases
• DDEX: standards metadata/ repor%ng • Global Repertoire DataBase: musicworks • Interna%onal Music Registry:WIPO ini%a%ve • UK: Digital Copyright Exchange?
New Structures
• A solu%on to the problem? • Systems are s%ll under control of the “old” players.
• Open Data? Including Non Society works • Important to have an efficient transparent system with direct distribu%on to rightsholders
Closing Remarks
• The collec%ve is s%ll important
• New regula%ons from EC needed, not only recommenda%ons
• “One Stop Shop” solu%ons will benefit the European market