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Associations representing interests of creators issue statement against coercive contractual practic

26 April 2012

Following the European Composer and Songwriter Alliance’s (ECSA) complaint against coercive practices, several international associations representing interests of creators – like the International/European Federation of Journalists (IFJ/EFJ), the Federation of European Film Directors (FERA), the Federation of Screenwriters Europe (FSE), European Visual Artists (EVA), ECSA, the European Illustrators Forum’s (EIF), Pyramide Europe and the International Authors' Forum (IAF) – issued a joint statement calling for immediate action against coercive contractual practices facing creators in Europe. The undersigned organisations call for 8 unwaivable key principles to be respected in contractual agreements in order to safeguard the livelihood of creators and Europe’s cultural diversity. 1. All creators shall receive fair pay (i.e. equitable remuneration) for each use of their work, throughout the duration of their authors’ rights; 2. Additional use of their work must be subject to fair payment and negotiation between the creator and contracting party; 3. The offer of a commission must not depend on any publishing rights being assigned to the contracting party. It is recognised that the granting of publishing is the prerogative of authors and that authors are free to choose to whom to assign or license their rights; 4. All creators, whether freelance or employed, shall have the right to negotiate collectively with publishers, producers, broadcasters or other contracting parties; 5. All statutory transfer of authors’ rights (i.e. work-for-hire clauses) shall be deemed unenforceable; 6. Any right not specifically transferred by name shall be retained by the creator; 7. Any right that is not used, such as the failure of the publisher, producer, broadcaster or other commissioning party to release or exploit a work within a reasonable period of time, shall revert to the creator; 8. Full respect of moral rights as set out in Article 6bis of the Berne Convention. Read the statement and sign the petition now!