New EU Legislation

Implementation of the new European Union legislation and review of existing

The European Institutions have been concerned about the impact of digital technologies for many years. In the past five years, they have had the creation of a Digital Single Market (DSM) as a priority concern, with the DSM Strategy adopted by the European Commission in May 2015.

Given the importance of distribution of audiovisual product for the online market place, it is not surprising that this involves a number of regulations and directives which will have a significant impact on the ecosystem of audiovisual industry and culture in Europe and beyond.

Ensuring that screenwriters concerns will be properly addressed in the implementation of this considerable body of new legislation on production and distribution of audiovisual content is and will continue to be a priority policy concern of FSE for the next period.

The goals FSE set itself in respect of this new legislation in its three year plan in 2015 have each been addressed in subsequent legislation, especially in the Copyright Directive, which, among many other changes :

• brings authors contracts into the copyright arena;
• introduces proportionate remuneration, thereby challenging buyout contracts;
• promotes collective bargaining as a practical solution to issues of transparency and the application of proportionate remuneration.

It is ambivalent about the prospect for an Unwaivable Right to Remuneration for Online Distribution, but clearly acknowledges the imperative of licensing online uses.

The implementation at national level of Chapter 3 of the Copyright Directive in particular will be a policy focus of FSE and its member guilds.

Review of the CRM Directive

This important Directive intended, among other issues, to introduce transparency into the work of Collective Management Organisations (CMOs), who collect and distribute considerable amounts of money on behalf of creators.

The Collective Rights Management directive will be reviewed in the next years. FSE will pay careful attention to this review process.