International Artist Organisation

IAO

The IAO is the umbrella association for national organisations representing the rights and interests of Featured Artists in the Music Industry.

Lobbying Activity

Meeting with Agnieszka Skonieczna (Cabinet of Commissioner Thierry Breton) and Association of European Performers’ Organisations and

18 Aug 2020 · Exchange on remuneration rights under the Copyright Directive and impact of the Covid crisis on artists and performers

Response to Intellectual Property Action Plan

12 Aug 2020

IAO is the umbrella association for national organisations representing the rights and interests of Featured Artists in the Music Industry. Our main interests are transparency, the protection of intellectual property and a fair reflection of the value an artist’s work generates. IAO welcomes this initiative by the Commission at a time when the EU Copyright Directive is being implemented at national level. Due to the high degree of discretion given to the Member States, the performers are concerned that the rights of artists continue to be undermined by the interests of the large corporations of the music ecosystem. The Copyright Directive has been an encouraging step in the right direction. We still need to see reasonable measures are taken to ensure all content is properly licensed. There is also still a huge problem with services failing to comply with takedown notices in reasonable time, and that unauthorized content often reappears as soon as a takedown is performed. Take down obligations should be complied with stay down obligations. All digital services, which are being used to infringe copyrights, should be obliged to take reasonable steps to stop, limit and prevent infringements. Fair remuneration throughout the value chain is essential to obtain a sustainability. To achieve the aim of appropriate and proportionate remuneration, it is important to ensure it is not only resulting in a re-computation of existing shares between performers. Also that the Member States are introducing into their national systems a right to remuneration for making available on demand to be paid by online platforms and subject to mandatory collective management. It is important to ensure full transparency throughout the value chain without unreasonable terms of non-disclosure, and efficient, correct, comprehensive and modernized accounting. It is also important to establish a Duty of care from artists’ intermediaries through the value chain. All intermediaries need to secure artists’ rights and fair pay, and to guarantee no one- sided agreements at the artists’ expense. IAO welcomes the commission’s efforts for a more effective and user friendly trademark system, and hope to see a system that is also affordable for small artists to trademark their artist names. Especially unestablished and up and coming artists tend to not apply trademark registration of their artist names because of expenses and practical aspects of having to apply for trademark country by country. It would also be helpful to develop technology and solutions that makes it easier to understand possibilities and limitations, as well as an extensive search engine where one can check multiple sources in one search, from various language issues to trademark databases, social media to streaming services. Legislation for establishing trademark protection without registration could benefit from harmonisation. It would be an advantage if EUIPO also could include protection in EEA countries. IAO also welcomes the announcement of the Digital Service Act, and will address this in more detail in connection with the current public consultation.
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