The European Commission plays its role as a facilitator in interinstitutional negotiations on copyright reform in the EU.
As it undertook to do at the last trilogue, it submitted to the co-legislators a compromise proposal on the issue of remuneration of authors and performers, referring to "appropriate [and proportionate*] remuneration".
The introduction of a right to mandatory remuneration is one of the demands supported by the European Parliament. With the creation of a right for organisers of sporting events and a right to image referencing, this is one of the main differences between the Council's position and Parliament's position on this text, which introduces new exceptions to copyright rules and lays down new provisions to ensure better protection of protected works (see EUROPE 12100).
At this stage, two negotiation meetings have already taken place and a third is scheduled for 26 November (see EUROPE 12127).
The Commission's compromise proposal on Article 14 therefore addresses the issue of remuneration. Instead of referring to "proportionate and equitable remuneration" as requested by Parliament, it suggests a right to "appropriate" or even "proportionate" remuneration; the latter being understood as remuneration "reasonable in view of the link with the potential or real economic value of the licensed or transferred rights".
The proposal specifies that the parties may also agree on a sum between them and that this new law does not affect the ability of Member States to introduce or maintain mechanisms other than those relating to contracts to ensure the remuneration of authors and performers, provided that these mechanisms are in conformity with Union law.
The compromise proposal adapts in return the European Parliament's proposal for Article 16a, which concerns a right to revoke a licence or transfer of rights in the event of failure to exploit the work.
Here, the changes are marginal: as proposed by Parliament, the Commission stipulates that this mechanism can only be activated after "a reasonable period" following the conclusion of the agreement, the period before which exploitation must take place must be notified to the rights holder.
The only difference concerns works involving several authors: in this case, the Commission specifies, Member States must take into account the relative importance of individual contributions and the legitimate interests of all affected authors and performers.
The next negotiation meetings are scheduled for 26 November and 13 December. (Original version in French by Sophie Petitjean)