Guibault and Salamanca (2016)
|Guibault and Salamanca (2016)|
|Title:||Remuneration of authors of books and scientific journals, translators, journalists and visual artists for the use of their works|
|Author(s):||IViR, Lucie Guibault, Olivia Salamanca|
|Citation:||Guibault, L. And Salamanca, O. (2016) Remuneration of authors of books and scientific journals, translators, journalists and visual artists for the use of their works. A study prepared for the European Commission DG Communications Networks, Content & Technology, Final Report. IViR.|
|Key Related Studies:|
|Linked by:||Pavis, Tulti and Pye (2019)|
|About the Data|
|Data Description:||Data were obtained from four different surveys targeted at authors of different works: authors of books and scientific/academic articles for journals; translators (both literary and audiovisual); journalists (both print and audiovisual), and; visual artists (designers, illustrators and photographers). The surveys generated 2,281 responses, with authors cautioning that the distribution system of the report risks representativeness.|
|Data Type:||Primary data|
|Secondary Data Sources:|
|Data Collection Methods:|
|Data Analysis Methods:|
|Cross Country Study?:||Yes|
|Government or policy study?:||Yes|
|Time Period(s) of Collection:||
“This report reflects the findings of the Europe Economics-University of Amsterdam study on the remuneration of authors of books and scientific journals, translators, journalists and visual artists for the use of their works. It considers the current legal framework in Europe, assesses the economic mechanisms affecting the flows of income in the sector and identifies areas where differences between current national frameworks might interfere with the functioning of the Single Market. Drawing upon statistical analysis of a survey of authors to test and corroborate the findings of the legal analysis, the study draws a number of policy recommendations to improve the functioning of the Single Market in this area. The first policy recommendation aims at increasing legal clarity by specifying individual modes of exploitation and respective remuneration.The second policy recommendation limits the scope of transfer of rights for future works and future modes of exploitation thereby increasing clarity over the conditions under which these rights should be transferred. Lastly, the third policy recommendation enables non-employed but economically dependent freelancers to enjoy some of the benefits enjoyed by employees in a worker-employee relationship.”
Main Results of the Study
The study finds that creating obligations which limit the scope of transfer of rights (e.g. geographically, duration, modes of exploitation) has the greatest positive effect on the contractual position and remuneration of an author. These measures provide mandatory and minimum levels of transparency which assist in negotiations with publishers, and prevent the grant of overly broad assignments.
By contrast, formalities and corrective measures, such as non-usus or best seller clauses, only strengthen the position of authors in ongoing contractual relationships, with limited effect on upfront negotiations. Given that these clauses also require enforcement by the author themselves, they are perceived as being too challenging, complex and time consuming to utilise.
The presence of collective bargaining, model contracts and active trade unions carries no significant relationship to an author’s remuneration. The study suggests this may be due to the presence of such mechanisms as a symptom rather than a cause, e.g. these mechanisms are needed precisely because remuneration levels are so low. Nonetheless, unionisation demonstrates positive effects for employed authors, less so for freelancers.
Lastly, the study cautions that there is a risk of segmenting the internal market due to inconsistencies in the governance of contractual arrangements across the EU. This may lead to forum shopping and regulatory arbitrage.
Policy Implications as Stated By Author
The report recommends three policy interventions:
• Binding, legal requirements for contract construction, including: a requirement for written contracts; the rights and modes of exploitation being transferred; the amount of remuneration attached to this, and; a reporting obligation on the publisher.
• Restricting transfers of rights only to known or foreseeable works at the time of contract agreement, and restricting any transfers of rights in future works in duration and work type.
• Allowing economically dependent freelancers to claim employee status and rights where the freelancer works regular hours and is regularly monitored by a publisher.