CISAC gives global push to grassroots campaign on copyright buyouts affecting mostly AV music composers

 

By Emmanuel Legrand

The 'Your Music Your Future' campaign to alert and inform creators about the growing practice of copyright buyouts, is getting a global push with the involvement of CISAC, the International Confederation of Societies of Authors, and a new online resource, 'Your Music Your Future International'. The initiative is also supported by CIAM, the International Council of Music Creators.

  The campaign, which was first launched in the USA in 2019, was created by American composer Joel Beckerman, who told Creative Industries Newsletter that the mouvement was a reflection of his own experience. Working as a composer for audiovisual products, he started in advertising, then went on to score music for documentaries, TV shows and films. The payment was usually a fee, which "did not always amount to much" and performance royalties when the shows or films got played on TV. 

  "The nature of the business of writing music for audiovisual means that the only remuneration that we have is from the upfront fees, which have been going down over the years, and the royalties," he explained. "It is impossible to make a living without our royalty income. And if a film is successful, we have the opportunity to earn a fair share of that success." 

Reap the benefit over time

  What he noted over the years was that while the number of channels, networks and online streaming services were growing, composers were facing increasing pressure to sign bundles covering all their rights, including the performance rights. The movement, he added, accelerated with the arrival of platforms like Netflix that ask global rights without additional payment, whether or not the shows are successful. 

  "The way the model has worked for about 100 years was that we would allow our employers – studios or production companies – to own our copyright for a nominal fee upfront, with the knowledge that we would get royalties at the back end," said Beckerman. However, more and more, creators of programmes "are trying to diverge from that model."

  He added that composers bring "immense value" to AV products and that they should get a fair share of the value created by these programmes or films. "A network or a streaming service will continue to receive money from advertising or subscription fees for continuing to play these shows or films," he elaborated. "They continue to reap the benefit over time. Composers should be able to do the same."

The power of information

  For Beckerman, this unwanted evolution required action. So he set up an information campaign destined to raise awareness, especially with younger composers in mind, to ensure that they had an understanding and knowledge of the issues they face. 

"It's amazing what happens when people understand what they deal with," he enthused. "Composers do not always have the knowledge or access to a lawyer, and they may be tempted to accept deals that are not in their interests. In the end it is about composers' choices, but at least we give them information so that they can make their choice. That's the power of information."

  CISAC is now on board and will amplify the reach of the campaign, said Beckerman (pictured, below). "This is a global issue and we are extremely grateful that CISAC is putting time and effort to bring this issue to a new audience," he said.

  Jean-Noël Tronc, CEO of France's rights society SACEM called buyouts "a negation of copyright which calls into question the entire model set up in Europe and in a large part of the world for two centuries for the benefit of creators." He added: "Many contracts are now offered as buyouts, particularly by major platforms, both among filmmakers and among screenwriters and composers of film scores. We are clearly faced with a problem of informing creators about their rights and safeguarding their interests."

A growing concern

  The new website covers topics including the options of royalties vs buyouts, the typical use of buyout clauses in contracts and the different laws governing buyouts internationally.

  For CISAC Director General Gadi Oron copyright buyouts "are a growing concern for creators and for CISAC societies which represent them and protect their interests. By partnering with Your Music Your Future, CISAC helps fill the information gap and provide a practical and useful educational resource about buy-out contracts and creators remuneration. This should assist creators in making an informed decision about contracts they’re offered and their options.”

  According to CISAC, the projection of global collections is expected to fall by 35% in 2020 had "added a great deal of urgency to the issue of songwriters/composers’ remuneration from the revenue streams that are fast growing – most of all subscription video on demand which has soared during the pandemic."

A self-destructive path

  All over the world, 2020 has seen an increase in subscription video on demand revenue, according to data from Futuresource, which forecasts that total consumer spend in the sector will rise from $41 billion in 2019 to $67bn in 2021. "It is in this area more than any other where copyright buyouts for composers are becoming a big issue," said CISAC.

  "This is just the beginning," echoed Beckerman, who believes that raising awareness on this issue will be beneficial for creators and will hopefully help stakeholders around the world understand that a creator-centric ecosystem is paramount to ensure that new generations of composers will embrace the business.

  "If buy-outs become the norm, and composers cannot make a living, this will be self-destructive for the industry because if it goes on, composers will have no incentive to make music for audiovisual. In the long run, it will be good for everyone if composers can continue to be remunerated, and it starts with composers being educated."