Copyright
IMPALA’s main work focuses on promoting copyright as a liberator, reinforcing exclusive rights and closing value gaps in all areas of the businesses, from online through to performance. In Europe, the EU adopted a new copyright directive in 2019 which took the lead worldwide by clarifying the position of user upload platforms. As well as confirming that platforms need to be licensed, the new directive introduces new provisions for the benefit of consumers and start ups. Member states had until June 2021 to implement the new rules.
For more see below What is copyright EU reform about? See also our ten point plan on reforming streaming, which is obviously a fundamental part of updating copyright, as well as our commitment to maximising revenue for artists here.
AI is another topic high on IMPALA’s agenda. IMPALA is a signatory of the Human Artistry campaign which sets out 7 core principles for AI applications to protect human creativity. Members can also find our contribution to the European commission’s white paper on AI from 2020 here.
AI is affecting all areas of our business, offering opportunities as well as presenting challenges. It’s important that rightholders are able to make their own decision about how they wish to engage with AI and maximise licensing opportunities if they are interested. The use of copyrighted works for AI training or machine learning is subject to specific authorisations/licences which need to be secured in advance. To best protect their rights, all copyright owners should clarify their position on this as an additional guarantee by taking action to reserve their rights. IMPALA has produced guidance on this question, which members can access through our members-only resources. If you have any questions please contact Matthieu mphilibert@impalamusic.org
What is copyright EU reform about?
In a nutshell, the new European Copyright Directive is intended to make copyright fair and sustainable for all.
Copyright reform is a fundamental part of this general desire to see more balance in the online world, and also to create new provisions for artists and writers in their relations with labels and publishers. It also tackles news online with a new right for press publishers.
Independent music companies embrace the fact that creators and citizens enjoy a unique relationship online. They also embrace the fact that posting and sharing user-generated content is part of our daily life online. At the same time, IMPALA felt that certain rules of engagement online needed to be rewritten because some large platforms claimed that responsibility lies only with the user and the owner of the content.
This was not just a call from the music industry, 80% of Europeans wanted the EU to ensure creators are properly paid. Over 300 organisations across all cultural sectors asked the parliament to vote in favour, with a joint campaign #Yes2copyright.
On 26 March 2019, the European Parliament approved the copyright directive in a landmark vote. You can find the European Commission’s press release here.
After the vote, IMPALA wrote to all parliamentarians thanking them for their participation. IMPALA also thanked its members and their artists and managers for taking a stance in difficult circumstances.
On 15th April 2019, the Member States reconfirmed their approval of the text, thus ending the legislative process at EU level. Here is the statement from the European Commission.
The Directive was published in the EU’s official journal on 17 May, you can find it here. Member states had until 7 June 2021 to transpose it into their national laws.
The European Commission published its long-awaited guidance on article 17 of the copyright directive on 4 June 2021, just days ahead of the official implementation deadline. We published a statement, with our main message to member states being the same as before: to implement article 17 swiftly and faithfully according to the text of the directive to ensure maximum harmonisation. We have also produced a first assessment of the guidance for members which is available in our members-only resource section.
Further reading and listening:
-Listen to the podcast we did on the topic with Kees van Weijen on Spotify, Apple Podcasts, Google Podcast and Deezer.
-Our ten point plan on reforming streaming
-Our commitment to maximising revenue for artists
-IMPALA is a signatory of the Human Artistry campaign which sets out 7 core principles for AI applications to protect human creativity.
MEMBERS ONLY
