EU – Baltic States, Latvia, Legislation, Markets and Companies, Technology

“LaIPA is against the Copyright Law amendments proposed by the Members of Parliament as they are not only in contradiction with existing international obligations and EU Directives and decisions of the European Court but also infringe not only Latvian but also international performers and producers rights to receive fair remuneration. LaIPA collects and distributes revenues not only on behalf of Latvian but also more than 700’000 international performers and producers who also are against proposed Copyrights Law amendments. LaIPA prepared and submitted its porposal for solving situation to working group by Ministry of Culture, currently working on the Copyright Law amendments”, informs BC Ieva Platpere, LaIPA Executive Director.

“IFPI (International Federation of the Phonographic Industry) is aware of the proposal by the Members of Parliament to amend the Latvian Copyright Act which was today accepted by the Human Rights and Public Affairs Committee of the Saeima.

 
The proposal would unfairly deny performing artists and record companies the right to receive remuneration for the public performance of their music by a host of businesses.  The proposal is not only unfair it is also in blatant breach of the applicable EU law and against decisions of the European Court (notably C-162/10, PPI v Ireland).

   
It is particularly sad that the Human Rights committee has put forward such an illegal amendment, considering that it violates performing artists’ and recording companies’ fundamental right of ownership (in intellectual property) enshrined in article 17 of the European Convention of Human Rights,” Frances Moore, Member of the Main Board Executive Committee

“It seems a totally backward step to deny musicians payment on something as fundamental as using their music in public, be it on the radio or from any device,” said Peter Leathem, Chief Executive Officer, PPL, the UK music licensing company which collects and distributes revenues on behalf of 8,500 rightsholders and 51,500 featured and non-featured performers and works with LAIPA to ensure that all these musicians are paid. “Making money from music is risky at the best of times and we have stood firm on this issue in the UK – it is only right and fair that performers and those who invest in creating music should get paid when their recordings get used in any context. It is no different to anyone else providing a commercial service and it is also important to point out the huge potential benefits that playing music in public can bring to a business.”

“I have read with great concern the draft amendments proposed in Latvian legislation regarding the definition of public performance. The wording proposed would be in contradiction with existing European and international instruments and would raise conflict with regard to international obligations of your country. For instance, the condition that such public performance does exist only when the use is made “for the purpose of gaining a commercial benefit”, or the exclusion of some broadcast from the field of public performance are elements clearly in contradiction with existing international rules.

The Rome Convention of 1961 defines for instance broadcasting as “… transmission by wireless means for public reception of sounds or of images and sounds” without any additional condition.

The Concept of communication to the public, in the Directive 2006/115 or with regard to authors’ rights, in Directive 2001/29, is not linked to any condition of commercial benefit.

Consequently, such amendments would not only contradict international law, but would also deprive rightholders, and notably performers, from the legitimate remuneration that must be paid by broadcaster and other users who communicate to the public performers in Latvia, and whose representation and intellectual property rights are guaranteed by LaIPA.

AEPO-ARTIS (Association of European Performers' Organisations), representing 31 performers’ collective management organizations in Europe, is ready to discuss this issue in more detail with those people responsible in Latvia for amending or updating national legislation,” Xavier Blanc, AEPO-ARTIS General Secretary.

“On behalf of over 27’000 performers in Sweden and countless others in Latvia and further aboard, the Swedish Artists’ and Musicians’ Interest Organization (SAMI) expresses its alarm and firm opposition to the proposed amendments to Latvian Copyright Law, which aim to provide free music to businesses for their public performance via broadcasting. Such diversion from the current system would be in stark contrast to the standards and practices adhered to across the majority of developed countries in Europe and elsewhere.

SAMI has had a close partnership with LaIPA since 2000, and has been exchanging payments due to Swedish, Latvian, and other members since 2009. Should the amendments to your law passed, an important source of income for these tens of thousands of performers would be eliminated, resulting in a catastrophic blow-if not end-to our mutual achievements. Since so many businesses use music in the form of broadcasts, removing the need for licenses for such use would in actuality render the right of equitable remuneration meaningless. As an organization representing the interest of such performers worldwide, it is our priority to ensure that our members’ rights are protected in Latvia, as they have been to this day.

Performers work hard to make the music we enjoy, and it is only fair that they receive their share from every relatable income stream – that means from both broadcasters and the businesses which thrive on the music from their broadcasts.

With this in mind, we implore the Latvian people to take a stand against the draft law, in support of the contributions all performers have made to their society,” Stefan Lagrell, SAMI Managing Director.

“Rights Agency Limited (RAL) is a Company who represents over 1200 recording artists most of whom are UK based. Among our clients are Coldplay, Depeche Mode, Faithless, Phil Collins, George Michael, Celine Dion, Tina Turner and many other artists. RAL collects monies for its artists from Neighbouring Rights Collection Societies in many territories throughout the World. Latvia (via LaIPA) is one of the territories from which RAL's Artists receive remuneration for the use of their recordings.

In these times when downloading has replaced the sale of physical product, Neighbouring Rights is an important source of revenue for Artists. This right is recognised by the EU and other Governments throughout the World and the Artists' rights to his contribution in the creation of a sound in a recording is indisputable. The artist has a legal right to be remunerated by a User of his musical contribution if it is used whether commercially or not. There are no boundaries or limitations as to the nature of the use of recordings. Wherever the music is used, there should be a compensation for the artist.

In economically desperate times, it is not surprising for there to be opposition to higher tariffs. Organisations who have not paid in the past are naturally going to resist any demands. This resistance with all of the arguments for not needing to pay for use of the music conveniently ignores the welfare of the artist and the Producer who initiates such recordings. The simple question is that if there is a benefit, why should it be deemed to be a right for the User to enjoy such benefits at the expense of the creator?” Damian Pulle, Rights Agency Limited Director.