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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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
  7. 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.
  8. 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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