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IMPALA Association Internationale AISBL

IMPALA

IMPALA is a pan-European association representing independent music companies and self-releasing artists.

Lobbying Activity

Meeting with Mario Furore (Member of the European Parliament) and Meta Platforms Ireland Limited and its various subsidiaries

16 Dec 2025 · Copyright and AI

Response to EU’s next long-term budget (MFF) – EU funding for cross-border education, training and solidarity, youth, media, culture, and creative sectors, values, and civil society

20 Nov 2025

IMPALA and 17 other European music organisations published in September a joint call for a comprehensive EU music strategy and ambitious budget, which: -welcomes the European Commissions proposal to establish AgoraEU. -stresses that the proposed 1.796 billion allocation to the Creative Europe Culture strand (21% of AgoraEU) marks a positive step forward but must be viewed as a baseline/minimum, not a ceiling. -highlights that the proposed increased budget now offers a unique opportunity to build a music sector-specific approach based on existing evidence, momentum, and political will. -emphasises that AgoraEU must deliver not only funding but also a coherent policy strategy that reflects musics economic, social, and cultural importance. This includes: Dedicated calls and programmes tailored to musics specific needs; A European Music Observatory to support evidence-based policymaking; Ethical and fair principles guiding digital transformation and AI adoption. The full letter can be accessed here, and we are also attaching a pdf copy: https://impalamusic.org/call-for-a-comprehensive-policy-strategy-and-an-ambitious-budget-for-europes-music-sector-with-agoraeu/
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Meeting with Ioana-Maria Gligor (Head of Unit Secretariat-General)

27 Oct 2025 · Exchange of views on the proposed acquisition of Downtown by Universal Music Group

Meeting with David Cormand (Member of the European Parliament, Shadow rapporteur)

22 Oct 2025 · Copyright/authors’ rights and broader Intellectual Property Policy

Meeting with Laurence Farreng (Member of the European Parliament, Shadow rapporteur) and Groupement Européen des Sociétés d'Auteurs et Compositeurs

21 Oct 2025 · IA générative et droit d'auteur

Meeting with Mario Furore (Member of the European Parliament) and International Confederation of Societies of Authors and Composers

21 Oct 2025 · AI copyright

Meeting with Werner Stengg (Cabinet of Executive Vice-President Henna Virkkunen)

2 Oct 2025 · Competition in the market for recorded music

Meeting with Georg Haeusler (Director Education, Youth, Sport and Culture)

1 Oct 2025 · IMPALA - UMG/Downtown - Meeting with CEOs of European independent music companies

Meeting with Henna Virkkunen (Executive Vice-President) and

23 Sept 2025 · Exchange of views on the single equitable remuneration for music performers and producers

Meeting with Emmanuelle Du Chalard (Head of Unit Communications Networks, Content and Technology)

24 Jul 2025 · Impact of the RAAP CJEU judgement, DSM review.

Meeting with Thomas Schmitz (Cabinet of Executive Vice-President Henna Virkkunen) and Stichting ter Exploitatie van Naburige Rechten

8 Jul 2025 · Raap decision

Response to A Culture Compass for Europe

30 May 2025

Below is an overview of our feedback, see attached note for our more detailed comments updated according to recent developments, which follows the structure of the EC meeting on the Culture Compass held on 20 March. IMPALA is the European association of independent music companies, representing over 6,000 music SMEs across 33 European markets. Independents are a crucial part of the music ecosystem, accounting for well over 80% of new releases in Europe today. We welcome the concept of a Culture Compass for Europe and see this as a fundamental step to deliver on its promise of giving a sense of direction and establishing a more strategic approach to culture across EU policies, something which IMPALA has been very supportive of over the years. We thank the Commissioner for the vision that has been applied to the key role of this initiative as a central strand of the European Commissions strategic approach to placing the cultural industries at the core of Europes growth strategy. -First round: Future-proofing EU cultural policy making We fully support the priorities set out in Commissioner Micallefs mission letter: improving working conditions of artists and culture professionals, unlocking competitiveness potential of CCIs, and developing an AI strategy for CCIs. In terms of fundamental principles which should be at the heart of EU policy making, we are focusing on three, a list which is by no means meant to be exhaustive (see attached note for more detail): 1. Measuring and promoting cultural diversity: 2. Investing in those who take risks, with a focus on micro/SMEs. 3. Placing culture and diversity at the heart of Europes international work -Second round: Unlocking Europes cultural force what does culture need to thrive and what role for the EU? Culture is a sector but also an industry. We are strong believers in the need for a new EU industrial policy focusing on the unique strength and diversity of Europes cultural and creative sector. Last year's European Parliament resolution on music streaming invited the EC to consider introducing a European industrial strategy for music. It feels like now is the right time for the EU to step up its ambition and make a clear move in this direction. We need the right policy and regulatory framework in place to support the EUs cultural and creative industries, and especially smaller actors. This means a strong copyright framework, and it also means making sure that the EC intervenes when and where necessary to allow creators and rightholders to effectively exercise and enforce their rights: the current discussions on AI are the perfect illustration of where we need the EC to step in to ensure that AI models play fair, respect creators rights and engage in licensing discussions. Unlocking the potential of our cultural and creative industries also means addressing excessive concentration in the music sector (and stopping the UMG/Downtown merger, we welcome the ECs launch of an investigation), fighting to close the value gaps that still plague our industry and addressing the unfair practices of some online actors. A big part of the EUs effort to unlock the potential of our industry should be focused on the question of access to finance for cultural and creative SMEs and growing what we call the missing middle, i.e. the gap between smaller and much bigger companies in the music market. Importantly, its also about ensuring that we do not lose big chunks of existing revenue, for example as a result of the RAAP ruling of September 2020, where the EU still has not reached a conclusion on this matter, despite the loss of 125 million a year for European artists and labels. On 30 May 2025, IMPALA published its Remuneration Playbook, setting out 12 recommendations to boost revenues and diversity in todays music business : https://impalamusic.org/impalas-remuneration-playbook-12-recommendations-to-boost-revenues-and-diversity-in-todays-music-business/
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Meeting with Diana Riba I Giner (Member of the European Parliament)

19 May 2025 · Challenges in the music sector

Meeting with Zoltán Tarr (Member of the European Parliament)

13 May 2025 · Concentration in the music sector, AI & copyright, Creative Europe, Culture Compass

Meeting with Hannes Heide (Member of the European Parliament) and Universal Music Group NV

6 May 2025 · Exchange of views on cultural policy

Meeting with Glenn Micallef (Commissioner) and

23 Apr 2025 · Introductory meeting

Meeting with Aurore Lalucq (Member of the European Parliament)

26 Mar 2025 · Competition issues in the music market - recent mergers and digital market

IMPALA Urges EU to Keep Music Outside Geo-blocking Rules

6 Mar 2025
Topic — Evaluation of whether the Geo-blocking Regulation has met its cross-border access objectives.
Message — IMPALA calls on the EU to continue excluding digital music services from the regulation. They argue that including music would disregard unique national market conditions and reduce cultural diversity.12
Why — This allows independent labels to maintain specific marketing and pricing for different countries.3
Impact — Music fans face higher prices as platforms harmonize costs across the single market.4
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Meeting with Giuseppe Abbamonte (Director Communications Networks, Content and Technology) and

23 Jan 2025 · Developments in the music market, follow-up to the RAAP CJEU judgement, copyright and AI

Meeting with Emma Rafowicz (Member of the European Parliament)

17 Dec 2024 · Musique

Meeting with Iliana Ivanova (Commissioner), Iliana Ivanova (Commissioner)

8 May 2024 · Author’s rights, neighbouring rights, creative industries in the context of AI, representation of artists from Balkan countries in international and European festivals.

Meeting with Liliane Karlinger (Cabinet of Executive Vice-President Margrethe Vestager), Michele Piergiovanni (Cabinet of Executive Vice-President Margrethe Vestager)

23 Jan 2024 · recent developments within the music market

Meeting with Eleonora Ocello (Cabinet of Commissioner Thierry Breton)

12 Jul 2023 · Copyright

Response to Interim evaluation anf final evaluation of Creative Europe Programmes

7 Jun 2023

IMPALA, the European association of independent music companies, represents close to 6,000 music SMEs across 32 European territories. Together independents account for 80% of music releases and investment in new music in Europe. We welcome the opportunity provided by this call for evidence to share our views on Creative Europe. Our full response is attached. Our main suggestions for the Creative Europe programme, are the following: To develop a real strategy for music, building on the experience and results of the Music Moves Europe preparatory action 2018-2020 and on a regular dialogue with the sector. The higher co-financing rates and simplified application processes under the preparatory action were particularly welcome and worth replicating going forward. We welcome the higher co-financing rates in the current Creative Europe programme as a step in the right direction. To increase the funding available for music-specific projects under the current Creative Europe programme, as the EU committed to do. Lets also start thinking about the next programme, starting in 2028. The dialogue with the music sector could help in this respect, and theres a lot from the Music Moves Europe process and also the One Voice for European Music report from last year that we can and should build on.
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Response to Proposal on the conditions for the remuneration of third country recorded music played in the EU

22 Sept 2022

IMPALA is the European association of independent music companies. EU performers and labels stand to be the most impacted by the “RAAP” ruling. We very much welcome the European Commission’s intention to introduce rules for third country nationals through a legislative intervention. This will help prevent a massive transfer of revenues (around €125m-€150m) out of the EU and safeguard a level playing field between the EU and third countries. You will find our more detailed response to this call for evidence in the file attached. The RAAP judgement has exposed a significant anomaly in the EU’s 2006 Rental and Lending Rights (RLR) Directive, which, as the EU Court of Justice found, is silent on the question of material reciprocity. As a consequence, as mentioned in the call for evidence, the CJEU held that, as EU law stands now, Article 8(2) of the RLR Directive applies irrespective of nationality. This goes against long-established practice by many EU member states which for decades have applied material reciprocity. Material reciprocity is essential as it helps increase the level of protection worldwide by encouraging third countries to align with the level of protection which the EU offers to its own nationals. A first direct consequence of the RAAP judgement is economic, resulting in future outflows of money to the US and other countries which currently don’t, or might decide not to in the future, protect their recordings in the same way as the EU does. The second consequence of the judgement is that, without the possibility to apply material reciprocity, the EU and its member states lose the ability to put trade pressure on third countries like the US which – by failing to bring their national laws into line with most of the rest of the world – deprive their national music economy as well as the international music economy of millions of dollars every year. Since the ruling was delivered in September 2020, IMPALA has consistently called upon the European Commission to address the situation and to amend the 2006 RLR Directive to confirm the principle of material reciprocity. We urge the European Commission to clarify the 2006 RLR Directive by the introduction of a targeted proposal to amend it. As indicated by the CJEU, this is possible and we take the view that the principle of reciprocal treatment needs to be recognised as an appropriate approach, with the potential for exemptions or carve outs to enable certain member states to continue to apply the same principles of national treatment or other systems that existed prior to the decision in RAAP. We also ask the European Commission not to concede to national treatment in any trade negotiations with the USA or any other country that doesn’t have similar domestic rights. The principle of reciprocity of treatment is essential to raise the level of protection for all across the globe. We need this diplomatic pressure.
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Meeting with Lauriane Bertrand (Cabinet of Commissioner Mariya Gabriel)

20 May 2022 · Climate (green transition) Skills

Response to VAT in the Digital Age

5 May 2022

IMPALA represents close to 6,000 independent music companies across Europe. Accounting for more than 80% of all new releases and 80% of the sector's jobs, they are world leaders in terms of innovation and discovering new music and artists. Ensuring that taxation rules are fit for the digital age is crucial for our members, and IMPALA welcomed and commented on the Commission’s initiative last year to create a digital levy. Suitable EU tax rules are also key to a fair and competitive digital economy, which was rightly presented as a strategic area in the Commission’s agenda on Shaping Europe’s Digital Future back in 2020. The OECD’s work on this is also welcome, in particular the reform of the international tax system finalised in October 2021. As regards making VAT fit for the digital age, we believe that there is room for improvement when it comes to music, and touring in particular. In 2021, IMPALA released a joint proposal with IAO for a GECAT pass (Geographical European Cultural Area Touring - https://www.impalamusic.org/cultural-area-touring-permit/), with some suggestions to improve taxation rules related to touring, and in particular the fact that merchandise sold at events is currently subject to the VAT in the country of sale, which makes the VAT reporting and payment of merchandise sold during a tour extremely burdensome. The EU’s extension of the VAT one stop shop to touring and other cultural activities would be welcome if it leads to calculation and reporting to be made in one place and across EU and EEA borders. It also needs to include the sale of merchandise during live shows. A streamlined and harmonised approach, clearly defining which items can be brought in a country and in which quantities would greatly facilitate the movement of touring acts. We also ask for a limited amount of stock to be sold at events without trading permits, to allow for a lighter fiscal regime to be applied to this kind of goods. A less fragmented system is the key to end the current touring crisis facing the music sector, especially as facilitating live shows and touring is our best shot at recovery. We also welcome the Commission’s intention to fix the issue of withholding taxes, which represents an additional cost and burden for the sector: this tax varies from country to country, and can be up to 30 % of the fee. It also gives financial advantages to acts from certain areas of the world which benefit from an exemption to this tax (e.g. the US). On a related question, our view is that all cultural goods and services offline and online should be eligible for a reduced VAT rate, and there should be no difference in rates between online and offline for similar cultural goods and services. Ending discrimination between cultural products would help: -Promote recovery of the cultural sector post-pandemic: the sector as a whole suffered an average loss of 31% of turnover because of the pandemic, music being the second most impacted sub-sector (-76%). -Increase access to culture and cultural diversity: in order to promote access to European culture and cultural diversity, the cost of cultural goods and services should be lowered. All cultural goods should be accessible to all, this is the true meaning of cultural diversity. -End business and consumer confusion: the current situation is inconsistent and creates confusion for both consumers and businesses, who wonder why sheet music is eligible for a reduced VAT rate, while the same music, once recorded, is not eligible for a similar rate, or why a livestream of music is eligible, but not a regular stream. As part of our Covid second wave recommendations, we had called – among other things – for the suspension of VAT for concerts, live streams and music shops during the crisis, see https://www.impalamusic-covid19.info/impalas-second-wave-recommendations. On the longer term, we are in favour of reduced VAT rates for all cultural goods and services, whether physical or digital.
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Response to Digital Services Act: deepening the Internal Market and clarifying responsibilities for digital services

31 Mar 2021

IMPALA represents over 5,000 independent music companies across Europe, which account for more than 80% of all new releases and 80% of the sector's jobs and deal on a daily basis with online platforms. The DSA is the opportunity to secure a more inclusive and competitive online ecosystem, however there is still some way to go for the DSA to achieve its purpose. We also recommend that the framework for platforms includes other aspects such as ensuring competition rules are fit for purpose in the digital age and other priorities such as an industrial policy for culture. Copyright acquis - Recital 11 and Article 1.5.c clarify that the DSA Regulation is “without prejudice to the EU rules on copyright and related rights”, which is welcome but doesn’t mean that the level of protection of copyright by online services will not be affected by the DSA. To ensure that artists and creative businesses are able to license and monetise their works efficiently, safe harbours need to be closed for good and no new exceptions and loopholes should be created via the DSA for online platforms to be able exploit to the detriment of creators and rightholders. Vigilance is required here. Our call, in our recent streaming plan (https://impalamusic.org/wp-content/uploads/2021/03/IMPALA-streaming-ten-point-plan-March-2021.pdf), on countries implementing the copyright directive to “protect their creative artists – not timidly, but fiercely”, also applies to the EU. Liability - Under article 6 of the Regulation, intermediaries are not deemed ineligible from liability exemptions for carrying out voluntary own-initiative investigations. We see a risk here that this could lead to new safe harbours. Tackling illegal content - The absence of stay-down is a disappointment. Notice and action procedures for copyright infringing content do not work for music SMEs such as our members, which do not have the resources to continuously monitor infringing uses of their works online. And the content notified usually goes straight back up. Our view is that notice and takedown should become notice and stay-down. On top of this, the added requirement in article 14.2.b for the notifier to provide the exact URL is outdated and would make it more burdensome for rightholders to comply when we should be seeking to simplify the process, especially for smaller businesses such as our members. Identification of works should be enough. Repeat offender provisions should also be strengthened as they are not dissuasive enough. Traceability of traders - While we welcome Article 22 of the Regulation on the traceability of traders, the obligations are quite narrow as they apply only to online marketplaces and excludes micro and small enterprises. All platforms should bear reasonable responsibility and have a duty of care for the content they distribute. Trusted Flaggers - As it stands, only entities representing collective interests could apply for trusted flaggers status. This is an important question for us as notices sent by trusted flaggers will be treated as priority, and we don’t want SME rightholders like our members to be discriminated against because of their size – we believe companies should have the choice to either be able to rely on a collective organisation acting as trusted flagger or to apply themselves for the trusted flagger status subject to fulfilling the required criteria. Transparency of algorithms - As they stand, the rules on transparency of algorithms in the Regulation are quite limited. There are no rules on transparency of algorithms that apply to music streaming services, which are the main sources of revenue for the recorded music sector today and hold great influence over what music is recommended to users. One of the priorities set out in our recent ten-point plan to reform streaming is to ensure editorial algorithm developments don’t negatively affect diversity, local repertoire and opportunities for artist discovery.
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Meeting with Werner Stengg (Cabinet of Executive Vice-President Margrethe Vestager) and Groupement Européen des Sociétés d'Auteurs et Compositeurs and

15 Feb 2021 · Presentation of a study on the economic and social importance of the cultural and creative industries (CCIs), Copyright Directive, DSA, DMA

Response to Digital Levy

11 Feb 2021

IMPALA represents over 5,000 European independent music companies, which account for more than 80% of all new releases and 80% of the sector's jobs. To be fit for the digital age, the EU has to revise its rules to ensure the European market is a place where companies compete on fair terms. In this context, IMPALA welcomed the EC’s timely plans for a horizontal review of the legal framework for online services (DSA), and the review of its competition policies and tools to make sure they are fit for purpose to deal with competition issue that arise on today’s markets (DMA). The EC’s aim to create a digital levy fits perfectly into this strategy, and we fully agree that ensuring EU tax rules are fit for purpose in the digital age are key to a fair and competitive digital economy, which is rightly presented as a strategic area in the agenda on Shaping Europe’s Digital Future. Today we know that billions are lost every year across the EU due to tax fraud and tax evasion and that within the digital economy online giants often pay little to no taxes in EU countries where they make millions, if not billions of euros in profits. Meanwhile, individuals and SMEs like our members pay more than their fair share of taxes. The playing field is far from level, and this imbalance favours those who are already big, growing further the unfair competition that exists between supranational behemoths and local SMEs. Not so long ago, this imbalance has led to ludicrous situations where an independent music company was reported to have paid more tax in the UK than Google, Apple, Facebook and Amazon combined… As mentioned in the EC Communication on a "fair and efficient tax system in the EU" (2017), on average, domestic digitalised business models are subject to an effective tax rate of only 8.5%, less than half compared to traditional business models. As mentioned in the EC’s inception impact assessment, this, alongside digital services’ capacity to exploit network effects and provide services at close to zero marginal costs, tends to further concentration and accumulation of market power. It is crucial to level the playing in the already extremely concentrated digital/music market to ensure that there are no barriers to entry and that all companies are able to thrive, no matter their size. This should be done with a long-term view to ensure Europe’s digital future is sustainable. In this respect, we welcome the EC’s idea to create new taxes on digital activities. However, as explained above and in the EC’s inception impact assessment, dominant players are known for their ability to significantly lower their taxes, if not avoid them entirely. Therefore, this initiative must aim at rebalancing the market and cannot turn into another tax burden suffered by smaller operators only, while bigger companies manage to get away with it. We agree that special attention should be paid to prevent SMEs from being disproportionately impacted, and this should be paired with stronger enforcement rules. In conclusion, alongside the creation (and enforcement) of fair, unavoidable and direct taxation for digital operators and multinationals, irrespective of their structure, IMPALA recommends the following: -Emphasise that such taxation initiative aims at rebalancing the market and ensuring competition. -Establish minimum levels of national taxation for big players. -Creation of specific measures in markets (like tax credits in France) where the majority of innovation is done by SMEs. -Encourage cultural diversity through an additional contribution from digital services above a certain threshold of revenue to be reinvested in local production and cultural creation. -There should be fines for non-compliance. -Prioritise taxation and illegal state aid investigations to stop unfair competition between multinationals and SMEs. -Continue work at G20/OECD level to ensure this is fully addressed at international level and the fiscal burden is evenly shared.
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Meeting with Alina-Stefania Ujupan (Cabinet of Executive Vice-President Margrethe Vestager), Werner Stengg (Cabinet of Executive Vice-President Margrethe Vestager) and

27 Jan 2021 · Main challenges and priorities for Cultural and Creative Industries to overcome the crisis and allow for the sector to help rebuilding the European economy at large

Meeting with Mariya Gabriel (Commissioner)

29 Jun 2020 · Situation of the Music industry and the role of the industry to become more green and sustainable

Meeting with Frans Timmermans (Executive Vice-President)

31 Jan 2020 · Efforts to green the industry and raise climate awareness

Meeting with Anthony Whelan (Cabinet of President Ursula von der Leyen)

17 Dec 2019 · Copyright, general sector developments & vertical consolidation

Meeting with Szabolcs Horvath (Cabinet of Commissioner Tibor Navracsics)

17 Sept 2018 · Sony’s buy out of EMI Music Publishing

Response to Fair taxation of the digital economy

16 May 2018

Formed in April 2000 by prominent independent labels and national trade associations, IMPALA has over 4,000 members across Europe, which account for over 80% of all new music releases as well as over 80% of the sector's jobs. 99% of all music companies are SMEs. Today we know that billions of euros are lost every year across the EU due to tax fraud and tax evasion (as illustrated by the Luxleaks, Panama papers and the Paradise papers), and also that within the digital economy online giants often pay little to no taxes in EU countries where they make millions, if not billions of euros in profits. Meanwhile, individuals and small and medium-sized enterprises such as our members, independent music companies, pay more than their fair share of taxes. The playing field is far from level, and this imbalance favours those who are already big, growing further the unfair competition which exists between supranational behemoths and small local companies. In recent years, this imbalance has led to ludicrous situations where an independent music company was reported to have paid more tax in the UK than Google, Apple, Facebook and Amazon combined (http://www.impalamusic.org/content/who-paid-more-tax-uk-apple-facebook-google-and-amazon-combined). As mentioned in the Commission Communication on a "fair and efficient tax system in the EU", the Digital Tax Index found that, on average, domestic digitalised business models are subject to an effective tax rate of only 8.5%, less than half compared to traditional business models. It should be a priority to get all multinationals to pay their fair share of taxes. SMEs and citizens accept their share of the fiscal burden, while many multinationals and online giants appear to escape fair taxation through various loopholes and tax arrangements with certain member states. With smaller actors and citizens shouldering the lion’s share of the tax burden, it is time for Europe to make minimum fair and direct taxation of online operators and multinationals a reality. If we want citizens to re-engage with Europe, this would go a long way. IMPALA acknowledges the longstanding position of the Commission, illustrated by the Communication “Fair and Efficient Tax System in the European Union for the Digital Single Market”, as well as the recent encouraging signals from the Council on these questions. We welcome the European Commission’s aim to address issues raised by the digital economy and ensure all companies pay their fair share of tax in the EU. In this respect, we fully support the Commission’s proposal to reform tax rules to ensure that profits are registered and taxed where businesses have significant interaction with users, and its proposal to introduce an interim tax covering the main digital activities currently escaping tax altogether in the EU. We hope there will be a real political willingness from member states and the European Parliament to move actively in this direction. This work must continue to make sure that multinational companies do pay their fair share of taxes so that part of the fiscal weight unfairly exerted on SMEs and citizens can be lifted. The aim, fundamentally, should be to level the playing field and ensure fair competition between big and small enterprises.
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Meeting with Manuel Mateo Goyet (Cabinet of Commissioner Mariya Gabriel)

16 May 2018 · Copyright

Meeting with Stig Joergen Gren (Cabinet of Vice-President Andrus Ansip)

7 May 2018 · Copyright

Response to The New European Agenda for Culture

17 Apr 2018

You will find IMPALA's feedback on the New European Agenda for Culture in the file attached.
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Response to Measures to further improve the effectiveness of the fight against illegal content online

29 Mar 2018

IMPALA is replying on behalf of over 4,000 independent music companies across Europe, representing 99% of music actors in Europe which are micro, small and medium sized enterprises. Music is a main driver of the online market. However, the unauthorised use of copyrighted content online severely limits the potential of the sector generally and in particular of SMEs. Contrary to common belief, piracy is still growing. According to a recent study by Muso, visits to music piracy sites worldwide were at an all-time high last year with 73.9 billion visits. In April 2016, a report commissioned by the EUIPO found that 25% of young people had used illegal sources intentionally to access digital content in the last 12 months. The most frequently illegally accessed content was music. Music SMEs are risk takers and early adopters. They have always embraced new technologies to foster innovation in the sector, including in the digital market. As the recorded music market is now starting to grow again, thanks mainly to licensed music subscription services, piracy unfortunately reduces the ability for artists and rightholders to negotiate fair value for their work on legal platforms. Our members experience infringements of their artists' recording on a daily basis. This is a huge challenge as they do not have the resources necessary to continuously monitor all platforms where unauthorised copies of their works or links might be available. The general exemption of host providers from liability in the e-commerce Directive created a loophole which is being systematically exploited by operators with commercial intent to host masses of illegal content. The current rules have therefore enabled systematic, massive and damaging violations of copyright which benefit a group of operators producing no significant incremental value. Infringements decrease the value of works/copyright, increase the cost of enforcing rights, have a negative impact on music companies' ability to invest, and hinder the launch of legal services. We need to end the abuse of the exemption from liability for online host providers by i) clarifying that those who build a business around the distribution of “content” are not mere hosts and cannot rely on the exemption; and ii) making sure notice and take-down becomes “notice and stay-down”. On the first point, we welcome the Commission’s proposal for a Directive on copyright which aims to address the so-called ‘value gap’ by clarifying that online services which store and provide access to copyright protected content are responsible for the works accessed by their users, need to get a licence and put measures in place to ensure the functioning of agreements and to prevent the availability of unauthorised works. We also welcome the European Commission’s recent Communication and Recommendation on Tackling Illegal Content as steps in the right direction, as they aim to encourage online platforms to take proactive measures and improve the detection, notification and removal of illegal content, notably by encouraging platforms to improve the effective and quick take-down of such content. It also needs to be recognised that intermediaries have a duty of care and should exercise all due diligence to stop their customers from carrying out and/or aiding large-scale infringement. Instruments remain ineffective without real efforts by online platforms. Our members work hard to ensure music fans have access to their favourite music through licensed services. The music sector is at the forefront of licensing, offering a very wide range of legal offers. The EU must do its part to ensure that legal offers don’t have to compete with illegal ones. Finally, we believe it makes sense for the Commission to adopt a horizontal approach when it comes to fighting against illegal content as a sector-specific approach could lead to different ‘classes’ of illegal content.
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Response to Fairness in platform-to-business relations

22 Nov 2017

Dear Madam, Dear Sir, You will find attached IMPALA's feedback on "Fairness in platform-to-business relations". IMPALA represents around 4,000 independent music companies across Europe. 99% of music companies are micro, small or medium enterprises. Together they account for 80% of all new releases, but also 80% of the sector's overall jobs and investment. It is important for our members’ views to be heard in this debate. Kind regards, Matthieu Philibert Matthieu Philibert Public Affairs Manager IMPALA - European Association of Independent Music Companies Tel: +32 2 503 31 38 www.impalamusic.org
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Meeting with Juhan Lepassaar (Cabinet of Vice-President Andrus Ansip), Stig Joergen Gren (Cabinet of Vice-President Andrus Ansip)

17 Nov 2017 · Copyright

Meeting with Manuel Mateo Goyet (Cabinet of Commissioner Mariya Gabriel)

27 Oct 2017 · copyright proposal

Meeting with Eric Peters (Cabinet of Commissioner Mariya Gabriel)

26 Oct 2017 · copyright

Meeting with Stig Joergen Gren (Cabinet of Vice-President Andrus Ansip)

27 Jun 2017 · Geoblocking, copyright

Meeting with Antoine Colombani (Cabinet of First Vice-President Frans Timmermans)

8 Mar 2017 · Digital Single Market, platforms, copyright and intellectual property issues

Meeting with Stig Joergen Gren (Cabinet of Vice-President Andrus Ansip)

13 Feb 2017 · Online platforms

Meeting with Szabolcs Horvath (Cabinet of Commissioner Tibor Navracsics)

25 Jan 2017 · Digital Single Market

Meeting with Günther Oettinger (Commissioner) and IFPI Representing recording industry worldwide and

8 Jul 2016 · Value gap

Meeting with Szabolcs Horvath (Cabinet of Commissioner Tibor Navracsics)

24 Jun 2016 · Digital Single Market

Meeting with Nele Eichhorn (Cabinet of Vice-President Cecilia Malmström)

10 Sept 2015 · TTIP and culture, DSM, IMPALA's 10-point plan

Meeting with Grzegorz Radziejewski (Cabinet of Vice-President Jyrki Katainen)

4 Sept 2015 · Digital Single Market

Meeting with Friedrich Wenzel Bulst (Cabinet of Commissioner Margrethe Vestager)

15 Jul 2015 · Presentation of IMPALA's Digital Action Plan

Meeting with Lucie Mattera (Cabinet of Commissioner Pierre Moscovici)

30 Jun 2015 · Digital single market, copyright rules.

Meeting with Adrienn Kiraly (Cabinet of Commissioner Tibor Navracsics), Jonathan Michael Hill (Cabinet of Commissioner Tibor Navracsics), Jonathan Michael Hill (Cabinet of Commissioner Tibor Navracsics)

6 May 2015 · Digital Single Market

Meeting with Anna Herold (Digital Economy)

28 Apr 2015 · copyright

Meeting with Stig Joergen Gren (Cabinet of Vice-President Andrus Ansip)

21 Apr 2015 · Copyright

Meeting with Jonathan Michael Hill (Cabinet of Commissioner Tibor Navracsics)

12 Mar 2015 · Digital Single Market