5.5.2022
EN
Official Journal of the European Union
C 184/95 Wednesday 20 October 2021
content; recalls that revenue from copyright represents not only the core of the fair remuneration of artists and creators, but also of many small players in the CCSI; recalls that any drastic change in this field could lead to dramatic consequences for many of them; 15.
Regrets the fact that the national transposition of Directives (EU) 2019/790 and 2019/789 (12) is somewhat delayed, while only a few Member States have seized the opportunity provided by Article 18 to implement appropriate remuneration mechanisms; urges the Member States to translate Article 18 of Directive (EU) 2019/790 into effective remuneration mechanisms; 16.
Calls on the Commission to promote collective rights management in the implementation of the recently adopted directives on copyright, as well as in its forthcoming initiatives to ensure the fair remuneration of creators and wide access to cultural and creative works for the public; 17.
Urges the Commission to effectively implement gender equality, inclusion and integration initiatives in the cultural and audiovisual fields through the Creative Europe Programme and to monitor the results thereof; 18.
Invites the Commission to evaluate the impact of music streaming platforms in Europe, in order to ensure transparency on their recommendation algorithms, as they determine to a great extent what content their consumers listen to and see on the services’ playlists and user interfaces, and to consider the introduction of positive obligations to promote cultural diversity and the discoverability of European works in their services; 19.
Strongly condemns stereotypes, sexism and sexual harassment in the CCSI;
20.
Welcomes the initiatives of some Member States to encourage gender equality in the selection process for higher positions in public cultural institutions; 21.
Recognises the crucial role of culture and the arts in promoting cultural diversity and fostering inclusive societies, and in the fight against all forms of discrimination; 22.
Highlights that the current pandemic has underlined the importance of the digital sphere and amplified the dependency of artists and users on the dominant digital platforms; in this regard, highlights the need for more transparency; recalls that for some artists and creators who were mainly dependent on public events, this change in economic paradigm represents a challenge in terms of stability of revenue; is worried about the fact that in this new business model, many artists and creators cannot achieve the same amount of revenue as the practice by dominant or large streaming platforms of imposing buy-out clauses deprives authors of their royalties and hinders adequate and proportionate remuneration for creators; asks the Commission, therefore, to evaluate the situation and to take measures to ensure that revenues are duly and fairly distributed to all creators, artists and rights holders; 23.
Welcomes the Commission’s inception impact assessment and recent public consultation on collective bargaining for the self-employed, which is examining the possibility of removing the competition law obstacles to collective bargaining for the self-employed and freelancers; urges, in this regard, that the Commission take the broadest possible approach, in order to ensure access to collective bargaining for all solo self-employed workers, including artists and cultural workers; invites the Commission to further evaluate the current State aid rules and their application to the CCSI and the possible needs for adaptation; calls on the Member States to acknowledge the right of association for all workers in the CCSI and to promote collective bargaining; 24.
Points out that atypical employment (part-time and fixed-duration contracts, temporary work and economically dependent self-employment) is commonplace in the media and the culture sector, often leading to precarious working situations for artists and cultural professionals; underlines the urgent need to improve the working conditions in the CCSI; encourages the Member States to utilise upward convergence to establish minimum standards for artists and cultural professionals in relation to working conditions, fair remuneration and social security, while recognising the special characteristics of the CCSI such as seasonal work and the non-monetised quality of creativity;
(12)
Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC (OJ L 130, 17.5.2019, p. 82).