Neighbouring rights & online broadcasting of my performances: how does it work?

July 17 2022

Following the adoption of a new law that guarantees to performers a remuneration for the use of their online performances, PlayRight comes back to the basic principles contained within this text. Although we still need to negotiate thoroughly with the online platforms, the legislative text makes it already possible to affirm a certain number of fundamental principles which we list here.

The principles related to neighbouring rights that apply in the physical world are also valid in the digital world. However, due to the absence of a legislative framework adapted to the digital market, the online platforms were the ones who have, until now, defined the parameters regarding the remuneration for performers. Thanks to this new law which is part of the transposition of the European Directive on copyright and neighbouring rights in the Digital Single Market (the so-called DSM Directive, this is now a story of the past.

This law introduces two new rights to remuneration for performers in case they have transferred their exclusive right of communication to the public via online platforms (generally to the producer):

  • A new non-transferable right to remuneration for artists for the use of their performances on online content-sharing platforms. This new remuneration right is limited to compensating for performances uploaded by users on online content-sharing platforms, such as Facebook, YouTube, TikTok and Twitch.
  • A new non-transferable right to remuneration for artists for the use of their performances on commercial streaming platforms. This right to remuneration aims to compensate musicians and actors for the online use of their performances and targets platforms such as Spotify, Netflix, Deezer, Apple TV or Apple Music, and so on.

These remuneration rights are subject to mandatory collective management (except if there is a collective agreement concerning the remuneration on streaming platforms).

Note: it is the platforms that will have to pay the remunerations, not the users who upload or view/listen to the content on these platforms.

What should I do, as an artist, to obtain these rights?

Absolutely nothing, except keeping your repertoire up to date! Collective management takes care of all the rest, namely, collecting and distributing the rights that you are entitled to! For this, PlayRight must first meet and negotiate with the content sharing platforms and streaming platforms. Once we have reached an agreement, we will be able to collect the remunerations from these platforms and calculate your rights. We will definitely keep our member-artists informed of all developments in this matter!


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