Blog

Bright Hungary National Flag on a Wooden Background.  Grunge Hungarian Flags Texture

On the basis of art. 73(1)e of the Hungarian copyright act, the performers’ consent is required for the on-demand use of their recordings. This includes streaming.Following years of tough litigations, the Hungarian CMO EJI led by&nbsp;<a href="https://www.linkedin.com/in/ACoAACHey_8Bq1cYVYbZGhuCiHZGprXWUCi5ArE" data-mce-href="https://www.linkedin.com/in/ACoAACHey_8Bq1cYVYbZGhuCiHZGprXWUCi5ArE">Pal Tomori</a>&nbsp;have retroactively collected royalties from platforms like Spotify. The first distribution of streaming royalties took place in 2022.Although the percentage of streaming is still small (ca. 1%), no doubt EJI’s new revenue will see double-digit growth in the coming years.Ria-Ria, Hungária!

Take care of the nickels and dimes and the dollars will follow suit!

Belgium definitely beat the Netherlands by acknowledging additional remuneration rights for artists!In June 2022, the Belgian parliament approved some important novelties in its IP law:<ul><li>A non-transferable remuneration right for artists for the use of their performances on commercial (on-demand) streaming platforms, such as Spotify, Netflix, Deezer, Apple TV or Music, among others.</li><li>A non-transferable remuneration right for artists for the use of their performance on UGC platforms, e.g. Facebook, YouTube, TikTok and Twitch.</li></ul> These remuneration rights are subject to mandatory collective management, in this case by the Belgian artist neighboring rights collective Playright who fought hard for these new remuneration rights.The Netherlands, by contrast, have not made any move to ensure a separate remuneration right for artists. Lobbying efforts by artist unions have not been successful so far. Unlike Playright, the Dutch CMO SENA is governed by record labels and artists. As a result it’s not able to push for such artist rights at the same intensity.

Belgium-Netherlands: 1-0!

Young Woman Walking Along Street Streaming Music From Mobile Phone

A growing number of neighbouring rights collectives (most notably the artists-only-ones!) have been very successful in lobbying for a separate right for artists to receive streaming royalties directly. In 2022 we started our series on where individual countries stand when it comes to artists’ individual remuneration for streaming. This week, we are highlighting la douce France, the motherland of author’s rights.The French IP law does not provide for a mandatory remuneration for artists in case of streaming on demand, but mid 2022 a long fought agreement was reached between the CMOs @Adami, @Spedidam, @SCPP, @SPPF and the unions (a negotiation on this would be inconceivable without the them). Most notably, &nbsp;featured artists receive certain minimum percentages/fees from their record label as well as an increased royalty rate in case of success. Although contracted featured artists seem to be the main winners, other artists like session musicians will also benefit from the agreement. The remuneration for streaming due to them will be administered by the French CMOs. For further details, please see the French explanation:&nbsp;<a href="https://www.adami.fr/remuneration-artistes-interpretes-en-streaming/" data-mce-href="https://www.adami.fr/remuneration-artistes-interpretes-en-streaming/" data-mce-selected="inline-boundary">https://www.adami.fr/remuneration-artistes-interpretes-en-streaming/</a>. In case your French is a bit rusty, the article can be copied and pasted into Google Translate.

Artists benefiting from streaming agreement (à la française)

an Antique trumpet on an old wooden table

On 5th February it was Grammy’s night. We were thrilled to see that the recording of our client Terence Blanchard’s opera Fire Shut Up In My&nbsp;[…]

Grammy for Terence Blanchard!!

Young Man with a Tablet Computer and Earphones near the House outdoor

We are currently making an inventory of where individual countries stand when it comes to artists’ individual remuneration for streaming. This in view of EU Directive 2019/0790, article 18 which recognizes the right for artists to receive a “appropriate and proportionate” remuneration for this type of exploitation. All EU member states were required to implement the directive in their local legislation by 7 June 2021. This week we’re focusing on Germany.In June 2021, the German parliament approved a number of legislative changes. Article 3, §4 and §21 of the Urhebergesetz provide for a direct compensation right for authors and artists that cannot be waived or assigned to third parties (with the exception of CMOs, etc.). This compensation does not concern uses for platforms such as Spotify, iTunes and Deezer, but rather platforms such as YouTube, Facebook, etc. The legislative changes have been processed in GVL’s representation agreements late 2021. It is unclear yet if (and to what extent) the German collective @GVL have already received royalties from YT and FB.GVL did receive considerable license amounts for other online uses in 2021: €8,3M in total (2020: €7,4M).

Ze Germans online

grayscale photo of man and woman leaning on vehicle

In the next weeks, Zanoise will be zooming in on where individual countries stand when it comes to artists’ individual remuneration for streaming. An very hot topic triggered in European countries by EU Directive 2019/0790, article 18 which recognizes the right for artists to receive a “appropriate and proportionate” remuneration for this type of exploitation. This week we are starting with Spain, a country that still is far ahead in this area.Since 2006, there has been an inalienable right in Spain for artists with regards to exploitation revenues linked to their recordings (article 108 of the Spanish Intellectual Property Law). When an artist signs a recording contract, it is presumed by Spanish law that the artist assigns the exclusive exploitation rights to the record label. However, the artist automatically retains an inalienable right to equitable remuneration with respect to the use of his recordings on radio and television as well online. This includes streaming platforms. The recording artists’ equitable remuneration can only be administered by a management collective, i.e. @AIE in case of Spain. In 2021, AIE collected an impressive amount of more than EUR 5.6 million (up by some 180% compared to 2020) from Spotify, Apple Music, Deezer, Google Play but also from audio-visual platforms like Netflix, Filmin and Movistar.

Zanoise blog

Take care of the nickels and dimes and the dollars will f...

Belgium-Netherlands: 1-0!

Artists benefiting from streaming agreement (à la française)

Grammy for Terence Blanchard!!

Ze Germans online

Music streaming means cash flowing in Spain!