– “Truthful remuneration is extra pressing than ever, however can also be economically useful,” the audio system identified
Slovenian writer-director Urša Menart throughout the convention
On 1 March, the Society of Audiovisual Authors (SAA) organised a web-based convention titled “Audiovisual Authors’ Rights in Europe and Latin America,” and moderated by Janine Lorente. Up to now, Europe and Latin America have essentially the most developed authorized surroundings and collective administration practices for audiovisual creators. The occasion introduced collectively 4 creators from the 2 continents to share their experiences and spotlight how the legislation can greatest shield their rights. Their contributions had been enriched by the presence of three specialists, representing SAA in addition to the Latin American Audiovisual Authors Societies Federation (FESAAL) and the Worldwide Confederation of Societies of Authors and Composers (CISAC).
First, Chilean screenwriter Daniella Castagno talked by means of the 15-year battle for an unwaivable remuneration proper in Chile, each in securing the Ricardo Larrain legislation after which having it carried out by means of a number of authorized actions in opposition to TV broadcasters, culminating in a Supreme Court docket ruling upholding the precise in 2022.
“The constructive change introduced by the legislation was that, after all of the negotiations with TV broadcasters, authors of audiovisual works have now began to obtain fee, for the primary time in our historical past. It’s a turning level within the work we’ve finished for authors’ rights,” Castagno identified.
Subsequent, Slovenia’s Urša Menart argued that Slovenia is “in all probability the one nation on the planet for now the place the audiovisual authors have extra collectively managed rights than music authors.” She defined, nonetheless, that producers weren’t very eager on giving this presumption of switch of remuneration rights away: “We negotiated that authors have our personal proper to remuneration, simply as producers and actors have their very own. You can not promote nor switch these. That may be a large and a great factor for the longer term.”
Poland’s Aleksander Pietrzak sees the unwaivable remuneration proper as an important method of making a good stability in negotiation with customers. “We now have to behave now earlier than these large firms develop larger, earlier than they take in all the opposite firms and all of the artwork and movies. An artist’s life just isn’t a simple journey, and the legislation ought to all the time be in favour of weaker people. After all, many artists are afraid of talking out as a result of these large firms are sometimes their employers, producers, and distributors.”
“That’s why we’d like collective administration organisations like SAA and Poland’s ZAPA, as a result of this manner we artists are stronger collectively to battle for our security and our legal guidelines.”
Afterward, Brazil’s Henrique De Freitas Lima touched upon the creation of the Union of Brazilian administrators and its marketing campaign for audiovisual creators to be remunerated in the identical method as music creators. “The issue is that the customers say the present legislation just isn’t clear sufficient for them to must pay. We’re doing the whole lot we are able to to get an adjustment within the legislation, to make it clear that audiovisual creators are protected by a compulsory and unwaivable remuneration proper,” he underscored.
Among the many concerned specialists, Cristina Perpiñá-Robert Navarro, of CISAC, cited the physique’s International Collections Report (accessible right here: https://www.cisac.org/companies/reports-and-research/global-collections-report-2022). The doc reveals that audiovisual collections are under-performing in comparison with different repertoires, accounting for less than 6% of complete collections. She referred to as for the presence of “honest situations in each nation” in addition to “some extent of harmonisation internationally.”
“The remuneration proper is an environment friendly and honest system that doesn’t have an adversarial impression on the commercialisation of the programme or movie. If the mannequin is viable in a single nation, then it needs to be viable in different international locations as properly,” she added.
FESAAL consultant German Gutierrez defined how the remuneration proper has succeeded in serving to authors in Argentina and the way this mannequin might be prolonged internationally: “The system is legitimate as a result of it’s an unique illustration, with a monopoly for all authors and if it weren’t that, it might not be as robust as it’s. […] There must be a suggestion made by means of WIPO [the World Intellectual Property Organisation] in order that, for international locations that don’t have a proper of remuneration, it must be launched and make this proper a actuality all over the place.”
Lastly, in his contribution, SAA’s Frédéric Younger harassed on how honest remuneration is “a common precept to be defended and put in force.” “I imagine politicians ought to observe the state of affairs and create a great coverage which recognises that honest remuneration of authors is an funding not solely in tradition, but additionally within the day by day financial system,” he concluded.
The total recording of the occasion is obtainable right here: https://vimeo.com/806829865
