Press release: Creators await legislation against coercive buy-outs
European music creators and EU policymakers gather to discuss how to end coercive buy-out practices as the EU anticipates dedicated rules to strike fair balance in copyright framework
Brussels, 3 February 2026 – This
afternoon, European songwriters and composers as well as representatives of
their collective management organisations came together with key EU decision
makers to address the long-standing and growing phenomenon of coercive buy-out
practices affecting audiovisual composers.
Hosted by Member of the European Parliament (MEP) Leire
Pajín (S&D, Spain) in the European Parliament, this high-level meeting
jointly organised by the European Composer and Songwriter Alliance (ECSA) and
the European Grouping of Societies of Authors and Composers (GESAC), provided a
platform for authors to share their experiences and rally EU policy makers
on the necessary measures against these harmful contractual practices.
Buy-out practices in contracts force music authors to give away all or part of
their rights in exchange for a typically low one-time upfront payment. This
means that they lose the control of their rights and any opportunity to be
fairly remunerated from any of the exploitations of their works in the future.
Despite previous efforts from ECSA and GESAC to tackle such practices, buy-out
clauses in contracts still persist and strongly affect music authors’
livelihoods. Often imposed by non-European global players – mainly US-based VOD
platforms – such clauses circumvent EU law and its principle of appropriate and
proportionate remuneration.
In today’s geopolitical context, strengthening European
sovereignty and ensuring EU law applies to all market players is more important
than ever. Global digital giants, mainly based outside the EU, must not be
allowed to circumvent European law. Europe is built on values and principles -
fairness, transparency, and respect for creators’ rights - which must continue
to guide EU policymaking in the digital age.
MEP Leire Pajín said: “The European Parliament has
worked intensively to address coercive buy-out practices that affect music
creators across Europe. In the response to my parliamentary question, the
European Commission has confirmed the importance of key principles enshrined in
the Copyright Directive, including appropriate remuneration, which should be
ensured also vis-à-vis non-EU-based services operating in Europe. The EU must
now move towards firm commitments to ensure fairness and to prevent circumvention
of EU rules through foreign laws and jurisdictions. The Parliament stands
firmly behind creators, and we now expect concrete follow-up from the
Commission to effectively tackle these abusive practices.”
Songwriter
and ECSA President Helienne Lindvall stated: “As highlighted by ECSA’s
report on audiovisual composers’ contracts, the harmful use of buy-out
contracts has become a widespread and urgent issue. With the rising dominance
of a few large US-based streaming services, these practices form a huge
obstacle to fair remuneration for our members. Articles 18 to 23 of the 2019
Copyright Directive, including its principle of appropriate and proportionate
remuneration, are of vital importance to European music authors. It is
absolutely crucial that these provisions are not circumvented by big market
players. We must ensure a sustainable future for composers, where they get
properly credited and are able to participate financially in the success of
their works.”
David
El Sayegh, President of GESAC, said: “Ending abusive buy-out practices and
securing fair, proportionate remuneration for creators is a European
imperative. Collective management organizations are key to enforcing this
principle and protecting creators’ rights across Europe.”
Jesper Hansen, film composer and ECSA Vice-President, stated: “As
a composer, it is impossible to predict the success of a work at the point of
creation. Royalties based on the exploitation of the work are therefore a
crucial source of income. Buy-out clauses fully contradict the concept of fair
remuneration for creators. Composers often do not have the bargaining power to
stand up against such practices, as we face the risk of being blacklisted and
excluded from future work opportunities. This is why we need solid legislation
at EU level in order to be protected from harmful contractual practices.”
Roque Baños, film composer, stated: “Among
other things, the major problem with these abusive practices is that for a
fixed price, you are forced to relinquish the rights to your work to the point
of losing absolute control over it, especially when these types of contracts
include fixed clauses that require you to allow your work synchronized in
other, different, and future audiovisual productions, of which you will never
be aware. As an author/ composer I am forced to allow third parties to profit
from my work through other exploitation without receiving any income for it,
because I also relinquish my moral rights about it."