Aurélie Filippetti praises the work of Christian Phéline, Senior Advisor at the Court of Auditors, who gave him his report Musique en ligne et partage de la valeur – État des lieux, voies de négociation et rôles de la Loi.
Based on a broad consultation of the professionals concerned and an analysis of the available studies, the report provides an overview of contractual practices between platforms and rights holders, and between producers and artists. Then he makes proposals to better regulate the economic relations between these different actors. It explores both the avenues of collective bargaining and the legislative measures that could be included in the creation bill.
With regard to the contractual relationship between online music publishers and phonographic producers, the report proposes, in the absence of a self-regulatory approach, that some of the principles set out in the “13 Commitments for Online Music” be included in the legislation. It also stresses that the safeguarding of cultural diversity would benefit from a competition law review of some of the practices in force.
With regard to relations between phonographic producers and artists, in order to better protect them, he made the following proposals:
• Extend to performers the protections recognized to authors by the Intellectual Property Code;
• Establish principles for remuneration of performers for digital exploitation;
• Encourage a quick negotiated solution to the long-standing conflict between the two performing artists' societies;
• Provide a framework for the use of clauses designed to capture the remuneration of performers outside the scope of phonographic exploitation;
• Encourage the social partners to negotiate the remuneration of performers for digital exploitation by providing, if not achieved within a reasonable time, mandatory collective management of these remuneration;
• Extend equitable compensation to non-interactive webcasts.
Finally, the rapporteur recommends the establishment of a specialized mediator to deal with the various contractual disputes in the field of online music.
The Minister considers these proposals to be very promising and relevant to ensure fair remuneration for performers in the digital world and to support the diversity of the legal offer. They are a useful complement to the work undertaken as part of the mission led by Pierre Lescure, which highlighted the difficulties and regulatory needs in the digital world and called for the opening of consultations.
Aurélie Filippetti will draw up its guidelines at the end of January 2014, after careful consideration of these proposals.
The report is available for download on the Ministry of Culture and Communication website: http://culturecommunication.gouv.fr/Actualites/Missions-et-rapports/Musique-en-ligne-et-partage-de-la-valeur