Update ECSA

Dear all,

As this week has been pretty heavy on Copyright and other topics, please find below a short overview of the state of play and ECSA initiatives on various issues:

  1. Political agreement reached on the Satellite and Cable Directive.

On 13 December, the European Parliament, the European Commission and the Council have reached a political agreement on the Satellite and Cable Directive. They will now work on fine-tuning the deal before it goes back to the European Parliament and the Council for final approval. This agreement is good news for ECSA members since it a) extends mandatory collective management to certain additional types of retransmissions b) include some useful language to clarify the legal regime applicable to the use of “direct injection” technologies by broadcasters. In practice, the current legal and technological practices linked to direct injection affects one of the major sources of revenue for collective management societies, and negatively impacts all creators.

  • As you know, ECSA has been advocating for such an outcome. We published this press release (see here) to welcome the agreement.


  1. Copyright Directive: No deal reached during the 4th Trilogue – Next trilogue in mid-January.

On 13 December, the European Parliament, the European Commission and the Council met to discuss again a potential final agreement on the Copyright Directive. Despite strong tensions, the three institutions made some progress on certain aspects of the Directive but much remains to be agreed upon, in particular on Articles 11 (Publisher’s right),  13 (Value Gap), – 14 (Principle of fair and proportionate remuneration) and 16A (Right of revocation). On Article 13, the European Commission issued a proposal that includes some negative aspects regarding the mitigation measures. You can find enclosed the two tables with the state of play on the provisions of the Directive (Articles and recitals). A further technical meeting will take place next week and the next trilogue is expected to take place between 14 and 17 of January.

  • In addition to informal contacts and meetings, ECSA sent to relevant Members of the European Parliament a joint ECSA-EWC paper on the right of revocation. ECSA also co-signed with several organisations of the creative and cultural sectors (music, audiovisual, books and others) a joint letter on Article 13 which – in reaction to the European Commission’s non paper and proposal – recalls the EU institutions the main aspects which need to be retained and calls to examine any possible mitigation measures with caution.


  1. Horizon 2020: ECSA welcomes the EP vote and participates to a joint call to support cultural and creative industries.

On 12 December, the European Parliament adopted its position on the new Framework Programme for Research and Innovation (Horizon 2020), which includes a new and specific cluster “’Inclusive & Creative Society” that would support research on cultural and creative sectors (including EU’s cultural heritage)

  • ECSA co-signed a letter with a wide range of organisations in the cultural and creative sectors to welcome such an outcome and ask Member States to take into account the EP position. You can find the letter enclosed.


  1. ECSA participates to a joint letter to take into consideration the specific needs of the sector in the context of the trilogue negotiations on the Revision of the Visa Code.


  • ECSA, together with 74 organisations from the cultural sector joined forces in a call to the European Institutions on the Revision of the Visa Code. The letter underlines that the cultural sector in Europe desires transparent and easy application processes when inviting artists, cultural professionals, touring groups, and others from visa-required countries.


  1. Positive amendments on the Creative Europe Programme

The amendments regarding the future Creative Europe Program are now available (see here). Several amendments suggested by ECSA and in line with our position paper feature in this list. We are actively promoting the positive amendments in view of the EP discussions that will resume after Christmas in the CULT committee.

Please let me know if you have any questions / comments.

Best and have a good week end,


Marc du Moulin
Secretary General
European Composer and Songwriter Alliance (ECSA)