New European Commission Study: Rights at risk, authors and creators at the mercy of contractual practices
84% of audiovisual authors consider their remuneration for copyright to be unfair.
This is one of the key findings emerging from a recent study by the European Commission, published just a few days ago. The report “Study on contractual practices affecting the transfer of copyright and related rights and the ability of creators and producers to exploit their rights" offers an in-depth analysis of contractual practices and their impact on copyright and related rights, examining various creative sectors (audiovisual, music, visual arts, video games, and literary works).
In the audiovisual sector, the study highlights how authors still face a position of contractual weakness, often subjected to conditions involving full buy-out agreements with a single lump-sum payment or royalty payments perceived as too low.
The perception of inadequate remuneration is consistent across all sectors analyzed in the study. Specifically in the audiovisual sector, 51% of respondents described their remuneration as "rarely fair," while 33% believe it is "never fair." In many cases, the dissatisfaction stems from rules on rights transfer, such as lump-sum payments that fail to account for the potential economic value of the works or performances.
“These are alarming figures that unfortunately confirm that—four years after the implementation of the Digital Copyright Directive in Italy—producers’ contractual practices still fail to ensure audiovisual authors receive the adequate and proportionate remuneration guaranteed by law. On behalf of the authors we represent, we will take action in all appropriate forums to defend and enforce that right,” commented Gianluigi Chiodaroli, President of MRIGHTS.
