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Latest revision as of 16:58, 12 June 2019




Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

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
Year: 2016
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.
Link(s): Open Access
Key Related Studies:
Discipline:
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:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: Yes
Literature review?: No
Government or policy study?: Yes
Time Period(s) of Collection:
  • 24 April 2015 - 21 June 2015
Funder(s):
  • EU Commission’s Directorate General for Communications Networks, Content and Technology

Abstract

“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.



Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Green-tick.png
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets