Joint letter

CIAGP, EVA and OLA, European and Worldwide umbrella organisations for visual artists urge the Trilogue to approve the Copyright directive in its current version.

CIAGP, EVA and OLA, European and Worldwide umbrella organisations for visual artists hereby urge the parties of the Trilogue to approve the Directive on copyright in the Digital Single Market in its current version because finally all authors need a regulation of the digital economy which provides means to ensure fair and proportionate remuneration for the use of their works. We fully support the compromise tabled by the Romanian Presidency of the Council on February 4th because it decidedly improves the situation of visual authors and is an acceptable output of the two years legislative process. Article 13 in its current wording provides a clear responsibility of platforms for the content uploaded by their users.

Although we do not endorse exceptions for start-ups, we appreciate that a solution is suggested which has a clear time limit and urge the parties to agree to this compromise.

We also accept the solution suggested for user uploaded content.

However, we would have preferred that the problem of framing technology – resulting from the jurisprudence of the Court of Justice to the European Union in the Bestwater case (348/13) – were addressed.

Art 13 b as a provision specifically aiming at the protection of visual authors is of particular importance in an increasingly visual online environment where global corporations rely on the power of communicating their messages and advertising through visual content.

Finally, the artists need sound rules on copyright contracts. Art -14 is supposed to introduce a right for fair and proportionate remuneration. The concept of proportionate remuneration secures participation of artists in the proceeds of the entire chain of exploitation and will be a milestone in levelling the playing field for authors and their contractual partners.

This new draft provides for an unique opportunity to create a new copyright regime that benefits all without placing undue restriction on users and authors alike.