Comment of the European Copyright Society Addressing Selected Aspects of the Implementation of Articles 18 to 22 of the Directive (EU) 2019/790 on Copyright in the Digital Single Market

Abstract

The recently adopted EU directive on copyright in the digital single market provides for the first time a protection of authors and performers in their contractual dealings with economic actors to whom they transfer or license their rights. The European Copyright Society welcomes the protection so offered by the articles 18-22 of the directive and advises the Member States to give full force and efficiency to this part of the Directive.

The fundamental objectives of Articles 18-22 are to entitle authors and performers to an appropriate and proportionate remuneration; to information about the exploitation of their work/performance; and to mechanisms to complain about or revoke an unfair contract. The protection of authors and performers is thus the core principle which should inform the interpretation and implementation of these provisions in the Member States. This Statement analyses the key principles of those provisions and provides for some recommendations forts implementation in EU national laws.

Keywords: copyright, authors, performers, contractual protection, CDSM directive