French transposition of the EU copyright directive: a historic step forward for the protection of creators in the digital world
Sacem welcomes the decisive step taken on Wednesday, May 12 by the Council of Ministers, which adopted the ordinance transposing into French law articles 17 to 23 of the European directive on copyright in the digital single market
The Copyright Directive strengthens the protection of creators' rights on essential issues like the responsibility of content sharing platforms or the principle of proportional remuneration. It was adopted on April 15, 2019 by the European Union following tireless action by European authors' societies, united within GESAC, and with the determined commitment of authors, composers and music publishers, along with their professional organisations.
The transposition of this directive in France makes it possible to hold online platforms offering cultural goods for commercial purposes accountable, rebalancing the sharing of value to the benefit of the creators of these works.
By implementing the principle of appropriate and proportional remuneration for the benefit of creators, this text also provides for provisions to specifically combat so-called "lump sum buyout" practices with regard to musical works.
This provision marks a significant step forward for all creators of musical works — regardless of their nationality — whose works are used on our territory. For the very first time, legislation has made the right to proportional remuneration of music authors a principle of international public order.
What is more, the ordinance reinforces the transparency obligations of video-on-demand platforms with respect to the authors of the works they broadcast.
Sacem would particularly like to thank the Minister of Culture, Mrs. Roselyne Bachelot, and Prime Minister Jean Castex, who enabled the transposition of this text in a very difficult economic context for creators, artists and those who work with them.
Bruno Lion, Chairman of the Board of Directors of Sacem:
"The transposition of the Copyright Directive, born of a hard battle waged by creators across Europe in 2019, is a major step forward. It provides a legal framework to protect the rights of creators and make digital platforms accountable for authors' rights and remuneration of those who create works distributed online. In a context of the enduring crisis, this rapid transposition illustrates France's commitment to respect for creation and the fundamental principle of cultural diversity. We can truly celebrate this while keeping a watchful eye on the transpositions in progress in other European countries."
Jean-Noël Tronc, Sacem CEO:
"In the terrible crisis we are going through, Sacem remains more than ever mobilised to defend the copyright model and to guarantee a legal environment that ensures, in the digital world, the right of creators to fair remuneration. We were at the forefront of the battle for the adoption of the Copyright Directive. But some key provisions had yet to be transposed into French law. This is now done. France, the EU country where transposition has advanced the furthest, is playing an invaluable role."
The transposition of this directive in France makes it possible to hold online platforms offering cultural goods for commercial purposes accountable, rebalancing the sharing of value to the benefit of the creators of these works.
By implementing the principle of appropriate and proportional remuneration for the benefit of creators, this text also provides for provisions to specifically combat so-called "lump sum buyout" practices with regard to musical works.
This provision marks a significant step forward for all creators of musical works — regardless of their nationality — whose works are used on our territory. For the very first time, legislation has made the right to proportional remuneration of music authors a principle of international public order.
What is more, the ordinance reinforces the transparency obligations of video-on-demand platforms with respect to the authors of the works they broadcast.
Sacem would particularly like to thank the Minister of Culture, Mrs. Roselyne Bachelot, and Prime Minister Jean Castex, who enabled the transposition of this text in a very difficult economic context for creators, artists and those who work with them.
Bruno Lion, Chairman of the Board of Directors of Sacem:
"The transposition of the Copyright Directive, born of a hard battle waged by creators across Europe in 2019, is a major step forward. It provides a legal framework to protect the rights of creators and make digital platforms accountable for authors' rights and remuneration of those who create works distributed online. In a context of the enduring crisis, this rapid transposition illustrates France's commitment to respect for creation and the fundamental principle of cultural diversity. We can truly celebrate this while keeping a watchful eye on the transpositions in progress in other European countries."
Jean-Noël Tronc, Sacem CEO:
"In the terrible crisis we are going through, Sacem remains more than ever mobilised to defend the copyright model and to guarantee a legal environment that ensures, in the digital world, the right of creators to fair remuneration. We were at the forefront of the battle for the adoption of the Copyright Directive. But some key provisions had yet to be transposed into French law. This is now done. France, the EU country where transposition has advanced the furthest, is playing an invaluable role."