IFRRO’s submission to the European Commission’s consultation on a publisher’s neighbouring right

IFRRO has responded to the public consultation launched by the European Commission on the role of publishers in the copyright value chain.
 
In the submission, IFRRO outlines that “irrespective of any distinct exclusive publishers’ right, both authors and publishers must be granted a right of remuneration or a claim for fair compensation when works are used under an exception in the EUCD. CMOs in the publishing sector, the RRO, administer certain secondary rights in already published works. It may be based on author and publisher mandates, directly or via their associations; granted by law to a RRO that is representative for the rightholders concerned; or a combination of the two. Usages is authorised on the basis of exclusive rights; under an exception, for instance for reprography or private copying; or a combination of the two.”
 
In relation to the recent ruling of the Court of Justice of the European Union in HP Belgium v Reprobel, IFRRO warns of the consequences of the ruling that “may, in view of current uncertainties, disrupt well-established mechanisms of administration of reprographic rights. It did not consider that the EU Copyright Directive already acknowledges, in Recital 37, those systems and that they do not create an obstacle to the Internal Market. We request that EU legislation clarifies unequivocally the right of both authors and publishers to get a share of the remuneration paid for uses, which takes place on the basis of an exception in national legislation, which refers to EUCD articles 5.2a (Reprography) and 5.2b (Private Copying). This is a matter of urgency. In the meantime, we ask that the EC formally recognises the right of Member States to provide, in their national legislation, for remuneration to publishers, without prejudice to the payment to authors.”
 
Find the full text of the submission here.