Retained EU Law (Revocation and Reform) Bill

Written evidence submitted by Directors UK (REULB78)

Retained EU Law ( Revocation and Reform) ("REUL") Bill

Call for written evidence

About us

1. Directors UK is the professional association of UK screen directors. It is a membership organisation representing the creative, economic, and contractual interests of over 8,000 members - the majority of working TV and film directors in the UK.

2. As the Collective Management Organisation (CMO) for screen directors, Directors UK collects and distributes royalty payments to directors for the use of their copyright. We also provide a range of services to members including campaigning, commercial negotiations, legal advice, events, training, and career development. Directors UK works closely with fellow organisations around the world to represent directors’ rights and concerns, promotes excellence in the craft of direction and champions change to the current landscape to create an equal opportunity industry for all.

3. We welcome the opportunity to provide written evidence to the Public Bill Committee regarding the REUL Bill: at this stage we want to limit our contribution to the areas of consideration identified by the Intellectual Property Office (IPO) albeit there will of course be other aspects of retained EU law that are relevant to our members.

4. Directors UK is also a member of the British Copyright Council and we also refer you to their submission on behalf of creative rightsholders.

Response

5. Directors UK members are TV and film directors who make the distinctive programmes, films and content we all enjoy. These directors are innovators, whose creative ideas attract investment, create employment for hundreds and thousands of people and generate enormous financial returns for the UK. UK directors were granted authorship and first ownership of copyright in a film by statute in 1996.

6. The Copyright and Related Rights Regulations 1996 (SI 1996/2967) implemented the concept of directors as rightsholders in relation to the authorship of films (Reg 18 (1)).

7. This regulation, and the royalties directors earn as a result of the legal recognition of their status as authors, are fundamental to how audio-visual directors earn a living and sustain their careers, which as freelancers are typified by periods in and out of work. If removed, as a result of the introduction of the REUL bill, by default UK TV and film Directors become a collateral, unintended casualty of the REUL Bill. Whatever the REUL Bill does, this right needs to stay as it cannot be intended for this Bill to remove rights such as these.

8. As the Collective Management Organisation for screen directors, Directors UK collects and distributes royalties to directors for repeat and secondary use their work. During the 2021/2022 financial year we paid out a total of £18.5million to directors across all distributions. This included £10.5million to more than 4,000 members under the UK distribution scheme, and just under £8million in foreign payments, which is our largest foreign distribution to date. A great indication that our members’ works are enjoyed both at home and across the globe.

9. This income, generated from the copyright in their work, is a vital source of income for freelance directors, who often experience gaps in employment between projects, or whilst they develop new creative ideas – often unpaid. These royalty payments from copyright help provide many directors with the means to continue investing their time in creating new works. This model is not sustainable if the creators are not being paid a royalty linked to the success of the film or programme they create.

10. The impact of the recent pandemic, when production shut down resulting in the loss of work for freelancers, highlighted the importance of these royalty and residual payments to freelance directors on unpredictable incomes. Royalty and residual payments were for many their only source of income during that period. It also underlined the need to ensure that the UK’s copyright framework is protected and maintained.

11. Digital growth means there has never been more demand for new and exciting audio-visual content. This provides a great opportunity for the UK, recognised globally as a nation of IP creators and a hub for creativity, talent and excellence. Pivotal to the ongoing success of the UK’s creative sector is the maintenance of a strong copyright and IP regime that underpins film and television production.

12. It is vital that UK directors are not disadvantaged in comparison to their US and European colleagues due to changes to their copyright status as a result of changes brought about by the REUL Bill.

13. We are willing to provide further engagement with the Public Bill Committee on this issue should the opportunity arise.

Directors UK

21 November 2022