This Directive has been a once-in-a-generation opportunity to strike the right balance between the interest of users, our cultural and creative ecosystem and the platforms giving access to creative works.
We believe in the value of creativity, and we expect platforms to play fair too. Closing the “value gap” by clarifying that those who distribute or intervene in the distribution of creative works are active players – and as such responsible for obtaining copyright licences or taking down unlicensed content at the right-holders discretion – was an important achievement.
Exception for the purpose of illustration for teaching:
Our sectors supported exceptions for the purpose of illustration for teaching. However, as the exception is mandatory, it is essential that copyright is properly protected under the educational context, following the directive’s (and its transposed laws’) provisions.
The cultural and creative sectors had been supporting the non-introduction of a User-Generated Content (UGC) exception, which would invalidate the value gap provisions. Licensing solutions already enable UGC to be made available on platforms and users’ own websites/blogs. This form of licensing has become an important source of revenue for certain sectors. For example, UGC revenues account on average for around 80% of independent music companies’ revenues from YouTube. Striking the right balance between the freedom of expression and the “freedom of the arts” is a top priority for Creativity Works!.
Transposition of the Copyright Directive:
it is crucial that EU Member States fully and properly transpose the Copyright Directive into national law, allowing EU citizens and the creative sectors to benefit from its provisions.