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🇪🇸 Spain takes the crown: AIE collects a whopping EUR 5.6 million from platforms like Spotify, Apple Music, and even Netflix!&nbsp;🇩🇪 Germany: GVL collects streaming royalties from platforms like YouTube and Facebook, and they’re quite ok in terms of other online income!🇫🇷 France leads the way in artist support: A recent industry-wide agreement ensures featured artists receive fair percentages and fees, with session musicians also getting a piece of the pie!&nbsp;🇭🇺 Hungary finally gets rewarded: After years of legal battles, EJI has successfully collected streaming royalties from platforms like Spotify, with the first distribution taking place in 2022.🇧🇪 Belgium: artists prevail! Playright collects a separate remuneration for artists on platforms like Spotify, Netflix, and more, even on user-generated content platforms like TikTok and Twitch.&nbsp;🇳🇱 The Netherlands: unfortunately, lobbying efforts to ensure a separate legally defined remuneration right for artists have not been successful. It seems more likely that artists unions and record labels will reach some sort of agreement to raise the pay-out levels!&nbsp;

Streaming Royalties: Grand Tour of How Artists Get Paid

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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!

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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)

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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!!

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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).

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