Written evidence submitted by the Association of European Performers’ Organisations (AEPO-ARTIS)

AEPO-ARTIS represents 28 European performers’ collective management organisations from 22 countries, 19 of which are established in Member States of the European Union. The other countries represented are Croatia, Norway and Switzerland. Combined, these organisations have in excess of 350,000 performers as members.

In EU member states, private copying remuneration represents almost 40% of revenues collected by our members on behalf of performers. As well as benefitting performers in these member states, a significant share of this remuneration is distributed to UK performers.

We have had sight of the submission made to the BIS Select Committee by our member organisation, BECS (British Equity Collecting Society Limited) and wish to express the fact that we share their concerns about the UK Government’s announcement that it agrees with the Hargreaves Review's central thesis that "the widest possible exceptions to copyright within the existing EU framework are likely to be beneficial to the UK, subject to three important factors".

It is noted that the UK government desires a system which "avoids…the need for a copyright levy". However, we do not believe it is justifiable to adopt a strategy which is clearly designed to achieve this result, but does not take into account the fact there are almost no circumstances in which "fair compensation", regarding an exception to the reproduction right, could ever be construed to mean "zero compensation".

A system of private copying remuneration exists in almost all EU member states and in these countries it is widely acknowledged that harm does indeed occur when private copying takes place. We respectfully request that the UK authorities reconsider their analysis, taking into full consideration the framework of applicable EU law.

Xavier Blanc

General Secretary

 

2 September 2011