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Max Planck Institute - PowerPoint Presentation

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Max Planck Institute - PPT Presentation

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

regulation remuneration institute planck remuneration regulation planck institute innovation competition munich max competence fair compensation

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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