Managers disappointed by ‘Making Available Right’ omission in EC’s Single Digital Market plan

Artists, songwriters and managers have been left disappointed by the lack of protection for the ‘Making Available Right’ in the EC’s Digital Single Market strategy, which was published yesterday (May 6).

The UK’s Music Managers Forum has combined with the Featured Artists’ Coalition to express disappointment over the omission, commenting that the EC had ‘missed an opportunity to help set a progressive agenda in their Digital Single Market Strategy’.

The Digital Single Market Strategy concentrated on the quashing of geo-blocking – which prevents users from accessing content in one European territory at the same time that a fellow EU market can access it – as well as copyright reform.

The MMF/FAC applauded the EC’s “follow the money” approach with regard to commercial scale online infringement, which they called ‘something we have championed for several years now and should be the major plank to reduce piracy’.

“The making available right was meant to reward creators in the digital age has failed. Most artists simply do not have the negotiating power to get a good deal from dominant players in music.”

Paul Pacifico, FAC

However, when it comes to direct protection for artists and creators, the document only refers to “Measures to safeguard fair remuneration of creators also need to be considered in order to encourage the future generation of content” .

FAC CEO and ‘International Artist Organisation’ President Paul Pacifico said “The creative economy simply doesn’t exist without creators.

“If we don’t make sure creators get paid a fair share from the commercial exploitation of their music online, we will not have a sustainable industry for the future.”

“At a meeting in Brussels with MEPs yesterday the International Artist Organisation called for a rebalancing of the industry, with creators at its heart as part of the ‘Fair Internet’ campaign which represents over 500,000 performers.

Pacifico added: “We hoped the European Commission would go further in their blueprint. The Making Available Right which was meant to reward creators in the digital age has failed as most artists simply do not have the negotiating power to get a good deal from the players who dominate the music landscape.

“We urgently need action to give performers an unassignable Right that guarantees transparent remuneration to deliver real and transparent value to performers and to reassure consumers that the artists they love are actually getting paid.”

MMF CEO Jon Webster said: “Reforming the Making Available Right should be the first step on the road towards a fair deal between consumers, rights holders, investors, digital service providers and creators. Looking forward and fairly rewarding creators has to be the first objective.”

You can read the EC’s ‘roadmap’ for completing its Digital Single Market below.

Screen shot 2015-05-07 at 08.08.11Music Business Worldwide

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