Published on: 14 May 2018 in Industry
New report recommends an unwaivable and inalienable right to remuneration
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Today marks the publication of a major new global study calling for legal reforms that will help directors earn royalties for their work on digital platforms.
This study was commissioned by the International Confederation of Societies of Authors and Composers (CISAC), and Writers & Directors Worldwide (W&DW) – with the support of the Society of Audiovisual Authors (SAA). It comes after a declaration signed by 126 prominent creatives (including several Directors UK members) and a petition that has garnered over 15,000 signatures from more than 100 countries.
The study found that there are various reasons behind the exploitation of audiovisual authors, from the practice of “buy-out contracts” which involve a lump-sum payment, to the weak bargaining position directors have when working with producers. While a handful of countries do have some protection through collective bargaining agreements, the research shows that there is still plenty to be done. You can explore its findings in more detail here.
So what happens next? The study has produced an emphatic recommendation:
“Based on its assessment of existing laws and best practices around the world, the study proposes the introduction of a statutory provision granting audiovisual authors an unwaivable and inalienable right to obtain equitable remuneration:
• for any acts of exploitation of their works (offline and online).
• In exchange for the transfer of their exploitation rights to the producer.
• paid directly by licensees and administered by CMOs”
In providing this recommendation the study highlights, among other things, the importance of CMOs in administering this remuneration, and the fact that it should be paid by the licensee/final distributor and not the producer. Read the recommendation in more detail.
This is a significant and fascinating document that offers real substance on the issue of remuneration for directors around the world. Make sure you take the time to read the full report here.