Wednesday 26th September 2018

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View Commission's Position on Recital 40

EU Commission's Position

As adopted 14th September, 2016

Recital 40

Authors and performers need information to assess the economic value of their rights

Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration.

As authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency.

Therefore, the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers.

View Council's Position on Recital 40

EU Council's Position

As adopted 25th May, 2018

Recital 40

Authors and performers need information to assess the economic value of their rights

Authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where natural persons grant a licence or transfer rights for the purposes of exploitation in return for remuneration.

This need does not arise when the contractual counterpart acts as end user of the work and does not exploit the work or performance itself, which could among others be the case in some employment contracts. Additionally, this need does not arise when the exploitation has ceased, or when the author or performer has granted licence to the general public without remuneration.

EU Commission's Position

As adopted 14th September, 2016

View Council's Position on Recital 40

Recital 40

Authors and performers need information to assess the economic value of their rights

Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration.

As authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency.

Therefore, the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers.

EU Council's Position

As adopted 25th May, 2018

View Commission's Position on Recital 40

Recital 40

Authors and performers need information to assess the economic value of their rights

Authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where natural persons grant a licence or transfer rights for the purposes of exploitation in return for remuneration.

This need does not arise when the contractual counterpart acts as end user of the work and does not exploit the work or performance itself, which could among others be the case in some employment contracts. Additionally, this need does not arise when the exploitation has ceased, or when the author or performer has granted licence to the general public without remuneration.

EU Parliament's Position

As adopted 12th September, 2018

Update 14th September 2018: This proposal is the version adopted by the EU Parliament on 12th September 2018. Emboldened text denotes an amendment.

Recital 40

Authors and performers need information to assess the economic value of their rights

Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration.

As authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency.

Therefore, the sharing of comprehensive and relevant information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers.

The information that authors and performers are entitled to expect should be proportionate and cover all modes of exploitation, direct and indirect revenue generated, including revenues from merchandising, and the remuneration due.

The information on the exploitation should also include information about the identity of any sub-licensee or sub-transferee. The transparency obligation should nevertheless apply only where copyright relevant rights are concerned.