for Innovation and Competition Munich The Digital Single Market Copyright Directive Proposal and beyond Towards a toolbox for future European Copyright Law GRUR meets Brussels Workshop 2017 ID: 600496
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Slide1
Max Planck Institute for Innovation and Competition | Munich
The Digital Single Market Copyright Directive Proposal and beyond:Towards a ‘toolbox’ for future European Copyright Law GRUR meets Brussels Workshop 2017
FAIR REMUNERATION IN CONTRACTS OF AUTHORS AND PERFORMERSThe role and regulation of claims to fair compensation
Reto M. Hilty
Brussels
, June 12, 2017Slide2
remuneration…?
EU copyright contract law!I Remuneration – an item of the “toolbox”?Max Planck Institute for Innovation and Competition | Munich2Slide3
The role and regulation of claims to fair
compensationMax Planck Institute for Innovation and Competition | Munich3I Remuneration – an item of the “toolbox”?II EU competence?III Subject matter of regulation?
IV Is there common ground?V What is “fair” remuneration?VI “Remuneration
” – or
“compensation”
VII Next steps forward?Slide4
II EU competence?
Max Planck Institute for Innovation and Competition | Munich4
Contract law
■
no
general
competence
■
limited
competence in specific fields
(
e.g. consumer protection
)
■
competence
substantive
copyright law
≠ competence copyright contract law ■ “functional” competence (= measure to establish Internal Market) shared competence status quo (e.g. InfoSoc Directive)Unitary copyright contract law Slide5
Max Planck Institute for Innovation and Competition | Munich5I Remuneration – an item of the “toolbox”?II EU competence?III Subject matter of regulation?IV Is there common ground?
V What is “fair” remuneration?VI “Remuneration” – or “compensation
”VII Next steps forward?
The role and regulation of claims to fair compensationSlide6
III Subject matter of regulation?
Max Planck Institute for Innovation and Competition | Munich6
Concerns
■
remuneration of authors / performers
■
balance of interests of parties involved
■
business models in digital environment
Copyright contract law
numerous
other
issues, like
transferability of copyright law
as such
m
onistic approach
±
work made for hire▪ not transferable▪ continuing relationship▪ correction of imbalance▪ author ≠ right holder▪ buy out contract
▪
foundation for correction?Slide7
Max Planck Institute for Innovation and Competition | Munich7I Remuneration – an item of the “toolbox”?II EU competence?III Subject matter of regulation?IV Is there common ground?
V What is “fair” remuneration?VI “Remuneration” – or “compensation”VII Next steps forward?
The role and regulation of claims to fair compensationSlide8
IV Is there common ground?
Max Planck Institute for Innovation and Competition | Munich8
D Slide9
Max Planck Institute for Innovation and Competition | Munich9I Remuneration – an item of the “toolbox”?II EU competence?III Subject matter of regulation?IV Is there common ground?
V What is “fair” remuneration?VI “Remuneration” – or “compensation”VII Next steps forward?
The role and regulation of claims to fair compensationSlide10
IV What is “fair” remuneration?
Max Planck Institute for Innovation and Competition | Munich10
D
Structural problems of creative markets:
“suppliers” >
“buyers”Slide11
Max Planck Institute for Innovation and Competition | Munich11I Remuneration – an item of the “toolbox”?II EU competence?III Subject matter of regulation?IV Is there common ground?
V What is “fair” remuneration?VI “Remuneration” – or
“compensation”VII Next steps forward?
The role and regulation of claims to fair compensationSlide12
VI
“Remuneration” – or “compensation”?Max Planck Institute for Innovation and Competition | Munich12
Copyright contract law Collective rights management
■
1965: legalization of private copying
■ digital world
: what is “liability approach”?
▪
legalized
uses
?
▪ players
enabling uses?
▪ price
system?
▪ collection/distribution
system?
beneficiaries? Slide13
CJEU, C-167/08 (
Padawan…)harm suffered by right holder
VI “Remuneration” – or “compensation”?Max Planck Institute for Innovation and Competition | Munich13
CJEU, C-572/13 (
Hewlett-Packard
Belgium
SPRL/13 vs.
Reprobel
SCRL
)
FAIR REMUNERATION IN CONTRACTS
OF AUTHORS AND PERFORMERS
The role and regulation of claims to fair compensation
Art. 5 Rental-
Dir
2006/115:
“equitable
remuneration
”
Art. 5
InfoSoc-Dir
2001/29:
“fair
compensation”CJEU, C-245/00 (Stichting
…)
value of use of work
creator/performer ?Slide14
Max Planck Institute for Innovation and Competition | Munich14I Remuneration – an item of the “toolbox”?II EU competence?III Subject matter of regulation?IV Is there common ground?
V What is “fair” remuneration?VI “Remuneration” – or
“compensation”VII Next steps forward?
The role and regulation of claims to fair compensation