On Wednesday June 3, 2020, Anne-Marie Pecoraro will take part in the panel discussion hosted by the International Association of Entertainment Lawyers (IAEL) during the Digital Midem 2020.
The aim of this panel discussion is to call legal and industry experts together to report on legal update regarding entertainment and technology which have had a major impact on the industry but also to imagine what can be expected in the next twelve months.
Anne-Marie Pecoraro will therefore take the floor on the following and topical subject: Covid-19: Change in compensation for artists on various streaming platforms (live and not live: first some evolution of the streaming industry during the pandemic as well as online live concerts).
It is a good occasion to come back to the” exceptional copyright pay” implemented by SACEM – French copyright management association of authors, composers and music publishers – to pay artists who performed live on social networks during the lockdown.
With the closer of concert halls and the cancellation of festivals, it goes without saying that the loss of income for artists is significant.
Still, during the lockdown, some of them decided to replace their concerts with live performances on social media.
To cope with this new situation, SACEM recently announced the introduction of “an exceptional copyright pay especially adapted to live performances”.
Until now, rights that Facebook, Youtube and Instagram paid to SACEM only concerned recorded music. However, SACEM’s Board of Directors had decided to use part of it to pay for live performances.
From 1st June 2020, SACEM members will therefore have to declare themselves live performances they did since 16thMarch 2020.
The copyright will then be calculated using two criteria: the duration of the live performance and the number of views. Thus, the livestream of a single title will be paid a minimum of 10 euros, streams under 20 minutes will be paid 46.35 euros and those over 20 minutes, 76 euros. 0.001 euro per view will then be added – taking replays into account.
The uncertainty as to when the concert halls will reopen implies that this new method of remuneration will be sustained.
Thus, in the coming weeks, the challenge will be to adapt the existing agreements between SACEM and Facebook, Instagram and Youtube to the specific nature of livestream and to conclude new agreements with emerging platforms such as TikTok.
By Marie-Alix André for ATurquoise
This post is also available in: French
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