ESDAMISSION
Key issues and challenges
Music is a source of immeasurable joy and entertainment to people world-wide
and is a major contributor to the European economy. The importance of
music both culturally and economically will continue to grow as musical
components are increasingly used in the rapidly expanding range of digital
entertainment, educational and commercial products of all kinds.
Over past years, ESDA has expressed views on a number of issues on behalf
of the profession. Representations have been made to various European
and international bodies including the European Parliament, the EU Commission,
The World Intellectual Property Organisation (WIPO) as well as to national
governments and courts.
Key issues are:
- Neighbouring
Rights (aka Related Rights or Performance Income)
Participation in performance income - support the EU position in discussions
at WIPO to ensure the value of Neighbouring Rights is maintained and
extended to include audio visual products.
- Treaty
Definitions
Recognition for what we really do - support moves to ensure that core
definitions within the new WIPO treaties and national laws are changed
to reflect the realities of modern recording processes.
- E-commerce
security, watermarks and encryption
Consultation about audio quality/security - support the development
and implementation of software and hardware devices that facilitate
the protection of the property of rights owners in both the analogue
and digital domain ensuring that all appropriate steps are taken to
safeguard audio quality and musical integrity in all distrbution formats.
- Product
Identifiers
Allocate recording identifiers at the mix - encourage vigorous support
for the implementation of product identification codes (ISRC & ISWC
- the basis of all ECMS) which provide the first step in protecting
and controlling the ‘making available’ of music in all analogue
and digital formats.
- Information
Databases
Guarantee open access to personal metadata - take steps to ensure that
ownership, control and access to industry databases follows the spirit
of the EU Database Directive.
- Archiving
Future proof our cultural and commercial assets - encourage all owners
of sound recordings to implement format-proof archiving policies to
protect the future value of the European sound recording catalogue
- Producers
and Performers
Support the integrity and development of talent - recognise the need
to maintain an appropriate balance between the commercial priorities
of music corporations and the long term interests of European performers
and composers.
- Trend
toward ‘Buy-outs’
Keep royalties alive - register consistent opposition to trends which
tend to side-step the payment of residual revenues to performers, composers
and rights owners in favour of ‘buy-out’ payments.
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