AEPO-ARTIS, ECSA and FIM at war against companies providing royalty-free music based on buy-out contracts

By Emmanuel Legrand

 


Three organisations representing songwriters, performers and musicians have singled out Swedish company Epidemic Sound and free-music platform Jamendo for partnering with software company Adobe to launch a library of “royalty-free” music.

  The deal, originally announced in June 2020, provides Adobe users who access royalty-free images through the photo library Adobe Stock to also use royalty-free music. The functionality is also available to Adobe Premiere Pro users. Adobe said at the launch that the new services was "is a big win for creatives granting them access to the most comprehensive solution for video projects in the market."

  Adobe added that what made Epidemic Sound and Jamendo both stand out was "their commitment to quality, their community of musicians, and the creatives who need that perfect track." Oscar Höglund, Co-Founder and CEO of Epidemic Sound, said at the time: “Adobe and Epidemic Sound are driven by the very same reason for being: the drive to empower and fuel our creator communities all over the world."

Hindering creators' ability to earn a living

  However, the Association of European Performers’ Organisations (AEPO-ARTIS), the European Composer and Songwriter Alliance (ECSA), and the International Federation of Musicians (FIM) – which collectively represent over 500 000 composers, songwriters and performers – argue that instead the partnership "further hinders the music creators’ ability to earn a living from the exploitation of their works and performances." 

  It added: "In a context where our members activities are under existential threat because of the COVID-19 pandemic and its consequences, the development of buy-out contracts eludes the collective rights management system and prevents guaranteed payments based on remuneration rights."

  The three organisation are especially concerned by what they call "the harmful development" of Epidemic Sound, which is selling “royalty-free music” to various commercial companies, like video-on-demand platforms and TV stations by using 100% buy-out contracts (contracts by which music authors and performers sell their rights for the full term of protection in exchange for a lump sum payment).

Put an end to buy-out contracts

  These methods, argued the three organisations, deprive authors and composers from receiving payment of royalties and equitable remuneration. In a statement, they noted: "The expansion of Epidemic Sound represents yet another threat to the fair remuneration of authors and performers in the music sector and their ability to develop sustainable careers. We therefore firmly condemn this partnership, which relies on the expropriation of music authors and performers from their rights and legitimate revenues. We call on any public or private company to refrain from collaborating with an entity that disrespects authors and performers and their basic economic and moral rights."

  They concluded: "Moreover, we urge all authors and performers in the music sector to carefully consider all the potential consequences of buy-out agreements, whereby all their exclusive rights are transferred in perpetuity against no future revenue. The development of such buy-out malpractices, which do not even give credit to authors and performers,have nothing modern nor innovative.They simply prevent music creators from being paid fairly for the use of their works, which should no longer occur in the 21st century."