At the instigation of UniFrance, German Films, the SACD - Société des Auteurs et Compositeurs Dramatiques, and the Franco-German Film Academy, and as announced by the Academy's president Marie Masmonteil, the 170 French and German professionals gathered at Erfurt for the Franco-German Film Meetings, with the aim of protecting authors' rights in Europe, declare:
Digital media have opened up new horizons and tremendous opportunities by offering wider and lasting access to European films and audiovisual works. However, digital platforms, notably services based in the United States, are prospering and expanding in an environment that remains only minimally affected by regulations currently in force in the European territory, when these platforms should be supporting the diversity and pluralism of creation, fostering and encouraging shared participation by all parties to the renewal of creative content, and should respect authors' rights—a fundamental right of the European Union and a cornerstone of artistic creation in Europe.
In light of this, discussions held in Europe at this time on the adjustment of regulations pertaining to authors’ rights in line with the new digital environment are of crucial importance for securing the future of European cinema and audiovisual works and their diversity by ensuring fairer conditions of artistic creation for authors and professionals.
At the present time, thousands of creative works circulate on the internet without their creators receiving any, or sufficient, remuneration, for this use of their work. Creators and companies all too often fall victim to the unfair practices of some digital platforms and suffer from the lack of transparency in the utilization of their works, despite the fact that these works generate large profits without these platforms being subject to obligations concerning the sharing of value. There is still a pervasive lack of accountability on the part of online platforms, particularly in combatting the piracy epidemic.
Yet it is important for the European Union to remain a place of justice and equity for European creators, a space in which creation can flourish in all its richness and diversity.
In today’s digital world, Europe must protect its values and its model, its sovereignty and its creative dynamism. Beyond issues of the inventiveness of authors, the compliance with strategies put in place by film and audiovisual companies, and the support provided by member states, the existence itself of common rules and regulations on the European level is a key concern.
In September this year when the Directive of Copyright/Authors’ Rights was approved by the European Parliament, this message was clearly heard and supported by European Members of Parliament.
It is therefore vital in the initial phase of trialogue discussions between the European Parliament, the European Council, and the European Commission for Europe to consolidate its position and endorse these significant steps forward concerning authors’ rights and European cinema and audiovisual works: this means strengthening the capacity of creators to receive remuneration from digital platforms which utilize their work, giving greater responsibility to online intermediaries in order to better combat piracy and to ensure a more effective sharing of value, and recognizing the right to fair and proportional remuneration for authors when their content is used, particularly online.
The protection of authors’ rights and the fight for the fair remuneration of creators by digital services are key issues to be addressed in order to guarantee continued cultural diversity in Europe.
2018 Franco-German Film Meetings—November 26-27, 2018 in Erfurt, Germany
