FERA welcomes the result of the committee vote in the EU Parliament today, as Members of the Legal Affairs (JURI) Committee voted to limit the extension of the so‑called “Country of Origin” principle to news and current affairs programmes. Exclusive territorial licensing, cornerstone of audiovisual works’ investment structure, distribution and promotion throughout Europe, is therefore preserved.
FERA also welcomes the inclusion of a fix on the issue of direct injection in the JURI report, an important step in securing fair remuneration due to authors. Giving legal protection to rightholders in direct injection cases must guarantee that both broadcasters and operators require separate authorization for their respective exploitations in this process, and that the latter apply the collective management regime of retransmissions.
European authors such as film and TV directors rely on secondary payments (i.e. share of the exploitation revenues of their works) to make a living as freelancers, developing projects and covering for unpaid work in-between contracts. Since the implementation of the 1993 Satellite and Cable Directive, an essential part of their secondary payments is ensured through the collective management regime for retransmissions.
We therefore urge all the parties involved in the upcoming trilogue to ensure that authors’ right to equitable remuneration for the retransmission of their work is reaffirmed, and that the mandatory collective management regime for the exercise of the retransmission right that already applies to cable networks is upheld.
Pauline Durand-Vialle, FERA CEO, said: "The EU film and directors community welcomes the EP Legal Affairs Committee position on territorial exclusivity: the widespread concerns of the EU audiovisual industry were heard. We call on the EU Institutions to follow in the EP footsteps in that regard, but also to provide European authors with a sustainable legal framework ensuring their fair remuneration for the retransmission of their works".