News from ECSA - June edition

On 7thJune 2021, which marks the deadline for EU Member States to implement the 2019 Copyright Directive, the Authors’ Group published a press release in which it deeply regrets the slow pace of implementation of the Directive and calls on all EU Member States which do not comply with the Directive to engage urgently in a faithful and prompt implementation. In this press release, the Authors’ Group regrets the fact that “only a handful of EU Member States have now effectively transposed the Directive”. It also underlines that “as the rise of streaming platforms on the EU market has been accelerated by the pandemic, it is more urgent than ever to ensure that authors can benefit from their creative successes when their works are exploited, in particular online”. 

On 4thJune 2021, the European Commission (EC) published its non-binding guidance on Article 17 of the 2019 Copyright Directive, a few days before the deadline for implementation. In general, this guidance is not a step in the right direction for the implementation process, since it interprets Article 17 in a manner which may lead to new safe harbours and copyright exceptions (notably for reproduction rights), in contradiction with the Directive and the main raison d’être of Article 17. Therefore, ECSA calls on EU Member States which are still due to implement Article 17 to remain faithful to the Directive’s provisions, and refrain from introducing new provisions or concepts that would ultimately weaken the rights and revenues of composers and songwriters. 

On 22 June 2021, the Grand Chamber of the Court of Justice of the EU (CJEU), delivered its much-awaited judgment on the joint YouTube and Cyando cases on the relationship between the 2001 Infosoc Directive and the 2000 E-commerce Directive. The CJEU delivered a complex judgement, which departs from the Advocate General’s opinion on some key issues and refrained from considering Article 17 of the 2019 Copyright Directive (and therefore its relationship with the act of communication to the public as defined in Article 3 of the 2001 InfoSoc Directive). Overall, while the Court clearly confirms that users perform an act of communication to the public, it does not provide a clear and definite answer as to whether YouTube performs such an act. In this regard, the Court recalls the different criteria to be assessed, including the need for an indispensable and deliberate intervention. This judgement appears to confirm the necessity and added value of Article 17 to improve the position of authors and other rightholders in licensing their works to online content sharing service providers. 

The EU Copyright and Satellite and Cable (SatCab) Directives have been transposed into the Hungarian Copyright Act. The amended Act took effect on 1st June 2021. 

On SatCab, the communication to the public right has been broadened to the right to license direct injection, auxiliary online services of broadcasters, all simultaneous (not only cable) retransmission that occur in a secure environment (to subscribers), although Hungary had this technology neutral solution even before the transposition. As to the Copyright Directive, the content sharing platforms’ liability was introduced in conformity with the text of Article 17, departing from the European Commission’s interpretation in its guidance. The entire contract law package of the Copyright Directive has been already part of Hungarian legislation, in the form of mandatory provisions (extended bestseller clause and transparency provisions, that also apply in the event of choice of law, since the Hungarian Copyright Act prohibits the transfer of economic rights (with some exceptions that do not affect aesthetic works). Inalienable remuneration rights, as well as rights in musical works that cover the collectively licensed uses may not be transferred.  

On 9th June 2021, the website of Your Music Your Future International, an education campaign on copyright buyouts, was made available in four new languages supported by CISAC’s member societies in France, Spain, Mexico, Portugal, Brazil and Finland. The sites, in French, Spanish, Portuguese and Finnish, will help promote the campaign in more countries and support more composers in understanding their options when faced with the growing practice of copyright buyouts.

On June 2nd-5th, the European Music Council (EMC) held its 2021 edition of the European Forum on Music online, entitled “Claiming a front row seat. The place of music in society”. The European Forum on Music 2021 offers a variety of sessions, including keynote speeches, panel discussions, interactive workshops and networking sessions for the music sector to exchange and to discuss about the role and place of music in society. 

In the frame of this event, ECSA’s Secretary General Marc du Moulin presented an info session on the EU Copyright Directive - Where are we now? on Friday, 4th June. He introduced the EU Copyright Directive and its implications, before analysing the current state of play of its implementation in the EU Member States and answering the audience’s questions. 

The recording of the forum sessions will soon be available on the EMC’s YouTube channel.

John Groves and Anselm Kreuzer from the Composers Club in Germany explain what music authors need to know about the implementation of the Copyright Directive in Germany. Most importantly, they outline the “bagatelle clause” where 15 seconds of your music can be used for free, and they call on all ECSA members to stay vigilant about the implementation of article 17 (on the liability of online content sharing service providers) of the EU Copyright Directive and keep fellow ECSA members informed. 

On June 19th, ECSA’s Italian member Associazione Compositori Musica per Film (ACMF) held a live concert from the studios of Digital Records in Rome to celebrate the ACMF DAY 2021. 

Watch the video of the concert on ACMF’s YouTube channel.

The UNAC (Union Nationale des Auteurs et Compositeurs) General Assembly elected its new Board of Directors and reappointed Laurent Juillet as President for one year.

SoundTrack_Zurich and SoundTrack_Cologne 2021 editions’ dates have been announced.

SoundTrack_Zurich, the Swiss and European film music conference, will take place from 28th September to 1st October 2021 in the frame of the Zurich Film Festival.
SoundTrack_Cologne, will take place from 17th November to 20th November 2021 in the frame of the SEE THE SOUND film festival.

ECSA is partnering with both events, and we hope to see you there for very enriching workshops, networking sessions, case studies and panel discussions on composing for film!

Find more information here: SoundTrack_Zurich 2021 & SoundTrack_Cologne 2021.

EMX is a project funded by the European Commission, whose aim is to test new strategies to develop and promote the export of European Music. Hand in hand with networks representing European professionals from the music sector, including ECSA who is part of the Advisory Committee, the general objective of this work is to reinforce the international foothold of the EU music sector, and generate new knowledge to European music export through research and innovative pilot actions. 

The International Delegation Tour (or IDT) is one of these pilot actions. For this call, EMX is seeking applications from a consortium of music-related organisations from at least two different EU countries, which will organise – with EMX’s advice and financial support – a week-long event in the first half of 2022.  The IDT will consist of an incoming delegation of 20 international (non-EU) music industry professionals visiting at least two EU countries and taking part in a mix of 1-1 meetings, networking events, company visits, live music with european music professionals, as well as any other activity or event that the partners would deem fit for purpose.
Find more information here & apply before August 31st here.

On June 23rd the EMX project also launched the EMX Capacity Building Programme - Open Call for Music Exporters. For this call, EMX is looking for 15 music exporter professionals, who above all are passionate about connecting people and keen to come together and explore cutting edge methods of music export, from new funding models to digital collaboration, mentoring to job shadowing; while also examining the challenges faced by artists from across Europe when trying to export their music worldwide.
Find more information here & apply before July 14th here.

The 2nd International Eduardas' Balsys' Young Composers Competition has been announced! The aim of the Competition is to encourage the accessibility of contemporary music, to promote the works by young composers and the international cooperation of creators, to evaluate and award the best pieces of music. The competition is open to composers from all around the world under the age of 35. 

More detailed information about the application process, requirements and deadlines can be found here.

The 53rd Directors’ Fortnight, a parallel selection of the Cannes Film Festival that showcases a wide spectrum of films and highlights the most singular and visionary practices in contemporary cinema, will be held in Cannes from July 7th to July 17th 2021. 

The Official Selection was announced on June 8th; find the Selection here.

MediaSoundHamburg is an international summer school for FilmMusic, GameMusic and SoundDesign, which takes place annually in Hamburg since 2011. This year it will take place from August 10th to August 15th 2021. National and international film composers, game musicians and sound designers meet international professionals and renowned experts.