Brussels
19 May 2017
Reporter: Barney Dixon

DSM proposal undermines free licenses, says EFF


A new proposal as part of the EU’s Digital Single Market Directive could effectively ban online streaming services from hosting works under free licenses.

The proposal, which was uncovered by the Electronic Frontier Foundation (EFF), would create a tax on copyright works made available on streaming services, payable to the collecting societies.

Authors and performers would not be able to waive the tax, giving them “fair remuneration” whether they agree or not.

The proposal states that “when authors and performers transfer or assign the right of making available to the public of their works or other subject matter for online on-demand services, they retain the right to fair remuneration derived from the direct exploitation of their works present in the catalogue of those services”.

“The right of an author or performer to obtain fair remuneration for the making available of his/her work [as described above] cannot be waived.”

Jeremy Malcolm, senior global policy analyst at EFF said in a blog post that the amendment would “eliminate one of the few advantages that small and independent artists enjoy in promoting their work online–the ability to make it available for free”.

“For some such artists, the free online availability of their work builds up a fan base to support future licensing deals, concert tours, and merchandise sales. Others may release some or all of their work for free for non-economic reasons, such as to communicate a message, or simply for the love of their art.”

He added: “If this amendment passes, that choice will be taken away from them.”

More news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Cozen O’Connor hires ex-DLA Piper litigator
17 November 2017 | Washington DC | Reporter: Barney Dixon
Cozen O’Connor has hired ex-DLA Piper litigator Hugh Marbury as member in its intellectual property department
Illicit streaming devices entering the UK fail to meet national electrical safety regulations, according to findings from FACT and Electrical Safety First
Mewburn Ellis opens Munich office
16 November 2017 | Munich | Reporter: Barney Dixon
Intellectual property boutique Mewburn Ellis has opened a new office in Munich, its first expansion outside of the UK
.UK suspensions doubled in 2017, says Nominet
15 November 2017 | Oxford | Reporter: Barney Dixon
Nominet has suspended 16,632 .UK domain names for criminal activity in 2017, doubling figures from 2016
Crowell & Moring hires IP all rounder
14 November 2017 | San Francisco | Reporter: Barney Dixon
Crowell & Moring has bolstered its privacy and cybersecurity, and litigation practices with the addition of Gabriel Ramsey
Fake remembrance merchandise seized by UK Border Force
13 November 2017 | Tilbury | Reporter: Jenna Lomax
Fake poppy branded jewellery, worth around £150,000, was seized ahead of Remembrance Sunday by the UK Border Force
Registrars must make “difficult choices” when it comes to GDPR
10 November 2017 | London | Reporter: Jenna Lomax
Registrars and registries will have to make difficult choices when it comes to ICANN’s new RDDS provisions and the EU’s GDPR