Guibault, Salamanca and van Gompel (2015)

Source Details

Guibault, Salamanca and van Gompel (2015)
Title:	Remuneration of authors and performers for the use of their works and the fixations of their performances
Author(s):	Guibault, L., Salamanca, O., van Gompel, S.
Year:	2015
Citation:	Guibault, L., Salamanca, O. and van Gompel, S. (2015) Remuneration of authors and performers for the use of their works and the fixations of their performances. A study prepared for the European Commission DG Communications Networks, Content & Technology by Europe Economics and IVIR.
Link(s):	Definitive
Key Related Studies:	Hugenholtz (2009) van Eechoud et al (2009) Gervais (2010) Walter and von Lewinski (2010)
Discipline:	O34: Intellectual Property and Intellectual Capital
Linked by:

About the Data
Data Description:	Data were collected from a survey issued to authors and performers in music and audiovisual sectors, with over 3,000 + respondents. The survey collected information on recipients: background information; total income; structure and sources of income; remuneration contracts, and; indicators of success and negotiating ability. Data from the surveys were analysed using econometric analysis, including ordinary least squares regression.
Data Type:	Primary data
Secondary Data Sources:
Data Collection Methods:	Survey Research (quantitative; e.g. sales/income reporting)
Data Analysis Methods:	Multivariate Statistics Regression Analysis Legal Analysis
Industry(ies):	Film and motion pictures Television programmes Sound recording and music publishing
Country(ies):	EU Denmark France Hungary Italy Lithuania Netherlands Poland Spain UK
Cross Country Study?:	Yes
Comparative Study?:	Yes
Literature review?:	No
Government or policy study?:	Yes
Time Period(s) of Collection:
Funder(s):

Abstract

“This study analyses the current situation regarding the level of remuneration paid to authors and performers in the music and audio-visual sectors. We compare, from both a legal and economic perspective, the existing national systems of remuneration for authors and performers and identify the relative advantages and disadvantages of those systems for them. We also explore the need to harmonise mechanisms affecting the remuneration of authors and performers, and to identify which ones are the best suited to achieve this. Their potential impact on distribution models and on the functioning of the Internal Market is also examined. Finally, the study outlines a series of policy recommendations based on the analysis conducted. The information and views set out in this report are those of the author(s) and do not necessarily reflect the official opinion of the Commission. The Commission does not guarantee the accuracy of the data included in this report. Neither the Commission nor any person acting on the Commission’s behalf may be held responsible for the use which may be made of the information contained therein”

Main Results of the Study

• Remuneration arrangements lack transparency, particularly in the music industry where multiple modes of exploitation and stakeholders can make it difficult to understand exactly how much remuneration is due to the author or performer.

• Authors and performers in weaker bargaining positions may disproportionately suffer from long contracts with unfavourable terms, particularly where there is subsequent exploitation through new modes of technology.

Trade unions and freelance associations play an important role for negotiating contracts, and are valued by authors and performers in the audiovisual and music industries.

• Contract law only plays a limited role in protecting authors and performers in the negotiation of, and subsequent exploitation of, remuneration agreements. The laws which have the most impact on the levels of remuneration paid to authors include: exclusivity of rights conferred by law; statutory provisions which protect weaker parties to contract, and; the use of collective bargaining and trade unions.

Policy Implications as Stated By Author

The study makes five policy recommendations:
• Remuneration for individual modes of exploitation should be specified explicitly in contracts.
• Cross-border transparency between national systems should be improved.
• The scope for transferring rights for future works, performances and exploitations should be limited.
• Improve support for trade unions, freelance associations and CRMOs.
• Facilitate the right of making available through e.g. an unwaivable right to equitable remuneration.

Coverage of Study

Coverage of Fundamental Issues

Issue	Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
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)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size:	3,758
Level of aggregation:	Authors and performers
Period of material under study: