Artists' Mobility | aspiration or reality
ECA's annual conference Artists' Mobility | aspiration or reality, will take place in Dublin 7-8 November in the Irish Museum of Modern Art at the Royal Hospital, Kilmainham and is hosted by our Irish member VAI (Visual Artists Ireland).
This years conference includes papers on: artistic freedom in a globalised world, the European Arrest Warrant, borders, visa issues & cultural diversity, and the role of the European Parliament in the promotion of artists' mobility.
The following 6 highly regarded international speakers will present and discuss on the topic of artists mobility:
- Eva Lichtenberger | MEP, Austria, member of the EP Legal Committee
- Maria Badia i Cutchet | MEP, Spain member of the EP Culture Committee
- Lolita Jablonskiene | Chief curator National Gallery of Art, Lithuania, and ambassador of the European Year of Intercultural Dialogue
- Pauline Hadaway | director of Belfast Exposed, Northern Ireland
- Ole Reitov | FREEMUSE (Freedom of Musical Expression) Denmark
- Helena Drnovsek Zorko | Division of International Cultural Relations at the Slovenian Ministry of Foreign Affairs
The conference will be launched at a reception in Temple Bar Gallery and Studios. This event will also launch of VAI's Printed Project "The Art of Living with Strangers"
'The Art of Living with Strangers' curated / edited by Lolita Jablonskiene is based around the experience of the immigrant within their adopted environment and is indebted to the sociologist Zygmunt Bauman's assertions that inhabitants of the contemporary city are - "permanent strangers," and that cohabitation, according to Bauman, is "an art which, like all arts, requires study and exercise". Moreover, Lolita Jablonskiene describes her edition of Printed Project "as a workshop - constructed in the spirit of Alexander Rodchenko's Workers' Club -- offering socio-political enlightenment, a platform for debate, and a space for the renewal of our energy at the end of a long working day".
For further information, see www.eca.dk/activities
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Visas | the discordant note
A white paper on visa issues, Europe & artists’ mobility was published on 31 October. The white paper is the result of co-operation between FREEMUSE (World Forum on Music and Censorship), ELMF (European Live Music Forum) and ECA and documents how administrative procedures hinder cultural exchange between Europe and the rest of the world and recommends some changes. The White Paper is available at www.eca.dk/news and will be further discussed at the Dublin conference.
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Artists' Names on Passports
New German legislation prohibits "artists'" names being listed on passports and other identification papers along with the family name. It is a practical problem for the artists in question and ECA's German member IGBK are working for a revision of the law. In order to investigate the situation in Europe, IGBK is carrying out a questionnaire among ECA members.
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The European Commission "CISAC-case" Decision
On July 16, 2008 the European Commission issued its final decision on the competition complaint filed in January 2006 by RTL and MusicChoiceEurope against CISAC, its reciprocal agreement structure and all the European Authors’ Rights Societies for suppressing/precluding (proper) competition. The Complaint resulted in a Commission threat to charge the respondents with fines of up to 10% of their yearly revenues for the previous 10 years. The situation makes the European management of intellectual property rights very unstable and places it in a precarious position.
While the threat of huge fines is no longer part of the ruling, and CISAC itself is no longer a respondent to the July 16th decision, the Commission still upholds the position that the Societies must adjust their activities according to the demands of the EU competition authorities. Unfortunately, the Commission decision is neither specific nor clear as to which proceedings are demanded from the Societies, and 22 of the 24 collecting societies concerned are appealed in the beginning of October. It is also possible that RTL and MusicChoiceEurope may appeal the decision and demand a stricter ruling.
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Mini- Hearing on Creative Content Online
On Tuesday 9 September 2008, a mini-hearing on e-Content online took place in the European Parliament Culture Committee. Speakers were former MEP, Mercedes Echerer, president of “EU-XXL Film Festival Austria” and Cees Vervoord, CEO of the Dutch Authors’ Rights Society, BUMA/STEMRA. The hearing was extremely well attended with 32 MEPs present. One of the key messages was that the Commission Recommendation 2005/737/EC on cross-border collective rights management is very unsatisfactory. It has created conflicts between the three largest collecting societies and the small-and medium-sized ones and undermines cultural diversity because it triggers/gives precedence to the creation/repertoire of large oligopolies/monopolies, rather than promoting competition. Only one dissenting voice demanded proposals for new business models making sure that the sector functions, rather than for repealing the recommendation and protecting the collecting societies at all price.
Mercedes Echerer regretted that solidarity among the collecting societies has been lessened, and demanded an independent examination of the Recommendation consequences for cultural diversity, and related that the Austrian Minister of Justice, Maria Berger, will examine the issue. She also asked that the European Parliament guide the Council and the European Commission to make better proposals.
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Directive Proposal to Prolonge the Protection for Sound Recordings
from 50 to 90 years
ECA draws the attention of its members to the Directive Proposal put forward by Commissioner Charlie McCreevy of DG “Inner Marker and Services”. Within the EU, sound recordings have so far been protected by Neighbouring Rights legislation for 50 years after the recording date. A growing number of respected and venerated artists still alive and working see their recordings falling into the “Public Domain” category and that they will lose their contractual right for remuneration from the continuing use and sales of their “evergreen” recordings, whereas any private person or company will be able to exploit a revenue from these without being obliged to pay the artist. This, for instance would soon be the case of the early works by Nana Mouskouri’s, Charles Aznavour’s and other artists.
A hearing process is currently taking place in EU member states and ECA urges its members to consider the proposal in depth. There are clear reasons to ensure prolonged income for “evergreen” artists, although a general increase from 50 to 95 years protection period (as it is the case in the U.S.) would primarily benefit the industry, owners of record labels/publishers and to minor degree artists´ heirs, since most recording contracts leave the artist with the by far smallest share of the sales revenues. In the case of famous recordings, labels will have long-since recouped their initial investments and fairness demands that the named and identity-bearing performer should also have the right for a life-long remuneration for his or her works.
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Executive Committee meeting in Valetta, Malta
The ECA Executive Committee convened in Valetta, Malta on 11-15 September 2008. ECA Malta hosted the 8 delegates and prepared a programme of activities that included working sessions, meetings, a seminar and an intercultural activity.
On Friday 12 September, a Seminar was held on the topic of 'Intellectual Property Rights and Collection Systems in Europe'. Pia Raug made a presentation on the subject, followed by a Q&A session. Amongst those present was the local representative of PRS, who also took an active part in the discussion.
On Sunday 14 September, the members of the Executive Committee attended a special 'Artistic Happening' organised by ECA Malta on the occasion of their visit to the island. During the event, they had the opportunity to meet local artists and get an impression of their work, such as visual artist Anton Grech, photographer Joseph P Smith, singer/songwriter Vince Fabri and founder of INIZIAMED, poet Dr Simone Inguanez who hosted a group of European poets for a symposium on translation held in Malta the same week.
The Execuitive Committee were pleased to meet with Philippe Agius, founder of ECA Malta who presented a painting to the committee.
ECA Malta Vice-President, Narcy Calamatta attended the Annual General Meeting of UKAM (Union of Maltese Authors and Composers) and a meeting of the rival AKAM (Association of Maltese Authors and Composers).
The Executive Committee's stay in Malta was made possible by support from the Maltese Secretariat for Tourism.
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Wild West Web: New Frontiers and the Shifting Roles for the Online Creative Industry conference, 8 October 2008, Brussels
The European Parliament's approval of Amendment 138 of the Telecoms Framework Directive (the Bono Amendment) on 24 September and its opposition to the graduated approach favoured by the French, which would see internet users have their connection cut off if found repeatedly to violate copyright, set the tone for the first panel which discussed which European and national initiatives should shape the new roles of the creative online industry. Information Society Commissioner Viviane Reding noted that the Parliament’s view had to be respected. The European Parliament’s position was supported by panellists Willemien Bax, Deputy Director General, BEUC and Michael Bartholomew, Director ETNO who spoke out against efforts to criminalize consumers and thrust a policing role on ISPs.
The second panel dealt with the CISAC Case in which, last July 24th, authors’ societies were warned by DG Competition to change their monopolistic operations - 22 of them appealed against this decision. Eric Baptiste, DG of CISAC, Margot Daly, Chief Executive, Music Choice and Pia Raug, of ECA and DJBFA expressed serious concern at the position taken by Commissioner Kroes while Christian Hauptmann, Deputy General Counsel of RTL Group noted that CISAC was an organisation of collecting societies and not of authors directly and supported the Commission decision to break its control of multi-territorial licensing.
The complete report by Karsten Xuereb is available at ECAs website www.eca.dk/news
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Dialogue on EU policies
The EU Commission has initiated a process for dialogue with the cultural organisations by inviting the three platforms.
Executive Committee member Torben Heron participated in the Rainbow Platform on Intercultural Dialogue in Brussels on the fourth of June. During the workshop our member stated the importance of following issues: Recognition of informal artistic training, mobility for artists e.g. an artist's greencard/passport, and implementation of the UNESCO Convention on Protection and Promotion of Cultural Diversity.
Executive Committee member Zuzana Brejcha attended the June 5th meeting of platform 2 on Access to Culture and the following day as substitute for Vice President Narcy Calamatta - on Platform 3 - on Cultural and Creative Industries.
Both continue by taking part in platform working groups on the web.
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ECA Executive Committee:
Michael Burke, sculptor, Ireland, President
Narcy Calamatta, actor, Malta, Vice-President
Simon Pellar, literary translator, Czech Republic, Vice-President
Zuzana Brejcha, film director, Austria
Torben Heron, visual artist, Denmark
Annette Hollywood, visual artist, Germany
Irina Horea, literary translator, Romania
European Council of Artists, Borgergade 111, DK-1300 Copenhagen K, Denmark
phone: +45-35384401, fax: +45-35384417, email: eca@eca.dk, web: www.eca.dk
Pia Raug, Honorary General Secretary
Elisabet Diedrichs, Director