CISAC @ WIPO Complete Event Report

EVENT REPORT

Contents:

Page 2 Overview

Page 3 Invitations and Programme

Page 4 Inauguration Ceremony Report and Speeches

Page 9 Creators Panel Report and Speeches

Page 23 Q&A Session

Page 24 Photography

Page 25 Audio and Video

Page 26 Social Media Report

Page 28 Press Releases

Page 33 Media Coverage

Overview In September 2014, CISAC – the International Confederation of Societies of Authors and Composers – organised two high profile events in Geneva on the occasion of WIPO’s 54th General Assembly. Musicians, film directors, screenwriters and visual artists spoke out for the rights of creators at the highest level. On 22 September, CISAC president Jean Michel Jarre gave two keynote speeches at the opening ceremony of WIPO’s new conference hall in Geneva. Around 1200 WIPO delegates attended the ceremony, amongst which were a high number of ministers, ambassadors, diplomats, heads of IP offices and many other government officials. On 23 September, CISAC organised a unique lobbying event aimed at bringing the voice of world- renowned creators to the debate on global copyright. Titled “A Sustainable Future for Authors”, the creators panel discussion included Jean Michel Jarre, Hervé di Rosa (Visual Artist, France), Angèle Diabang (Film Director, Senegal), Daphna Levin (TV Screenwriter, Israel), Vinod Ranganath (Playwright, Screenwriter and Director, India) and Eddie Schwartz (Songwriter, Canada). In this report, we want to share with you the highlights from these two prestigious events. You will find a copy of the speeches delivered by each creator, as well as links to pictures, audio and video files and an overview of the significant media coverage generated by the event. We invite you to share these messages in your own communications, helping us spread the voice of creators in all corners of the globe.

WIPO Creators Panel Report – Sep 2014 Page 2 of 54 SAVE THE DATE Our Save-the-Date invitation was emailed to 250 WIPO delegates. We chose a picture symbolizing creativity and energy courtesy of art photographer Eilon Paz who also covered the event for CISAC.

OFFICIAL INVITATION AND PROGRAMME WIPO’s official programme that was distributed directly to 1200 WIPO delegates.

WIPO Creators Panel Report – Sep 2014 Page 3 of 54 DAY ONE On the evening of 22 September, CISAC’s president Jean Michel Jarre was invited to be one of the guest speakers at the inauguration of WIPO’s new meeting hall in Geneva. Jarre delivered two speeches, each calling for the support of lawmakers and the international community in protecting the essential rights of creators and thus their contribution to culture and economy across the world. Over 1,000 delegates were present to hear his call to action.

Following his 1st speech, Jarre then introduced the first special musical performance. Susan Baca, a prominent Peruvian singer-songwriter and two-times Latin Grammy Award winner took the stage. In 2011, she became Minister of Culture of her country, a position which has allowed her to speak out on behalf of creators.

. The second performance of the evening was by Senegalese musician, Ismaël Lô. Over a twenty year career, Lô established himself as a pioneer of the mbalax sound and released numerous albums that discuss important topics in Senegal ranging from racism and respect to immigration.

WIPO Creators Panel Report – Sep 2014 Page 4 of 54 INAUGURATION CEREMONY SPEECH #1 | Jean Michel Jarre Thank you. Monsieur le directeur de l'OMPI, cher Francis Gurry Monsieur le president du Conseil d'Etat, Monsieur Stefan Behnisch, Dear friends, It is an honour for me to be on stage tonight, not for a concert of mine, but to speak on behalf of creators worldwide and introduce two of the world’s greatest artists. You know me as a creator, a musician, a performer. But I am also the President of CISAC. And I would like to start by saying a few words about CISAC. CISAC is the voice of over 3 million creators. Our organization is not very different from WIPO. In fact, we like to call ourselves “the United Nations of Creators”. We have members - authors' societies - from 120 countries. These societies come from all regions of the world. And they represent creators from all artistic fields: music, audiovisual, literary, drama and visual arts. All these creative works have one thing in common – they are based on copyright and depend on authors’ rights protection. And we, the creators, rely on organisations like WIPO to provide the international framework for that protection. Creators need WIPO – and WIPO needs creators. Creators need WIPO because this place; here; this conference hall, is where you discuss and agree on the protection that we so much depend on. This protection is what encourages us to create and to share our creativity and our works with the world. In this place, you guarantee that our works are not treated as mere commodity. In this place, you ensure respect for what we do. In this place, you ensure that creativity and culture is celebrated, and that creative works continue to enrich our lives. The mission of WIPO and its fundamental purpose is to make sure that the intellectual property system incentivises innovation and creativity, for the benefit of all. And this is why WIPO needs to remember us, the creators, and needs to hear from the creators. So you need us, and we need you, and we need to work together. Because for us, copyright and authors rights is not a theoretical thing. For us, it is very real. It is what protects the fruit of our talent and labour. And it is what enables us to make our contribution to society, a contribution that is not only to our culture and cultural heritage, but also to our economy. You know, I travel a lot, and I am always fascinated by the flow of creativity I see wherever I go. But to nurture new talent, to support young creators - especially in developing countries - we need to provide them with the right protection. Creators, wherever they are, cannot devote their lives to art unless they know that what they will create - will be protected.

WIPO Creators Panel Report – Sep 2014 Page 5 of 54 Creators around the world depend on rights and policies that protect their interests and guarantee them fair remuneration for their works. Here, at WIPO, and in your capitals, is where such rights and policies are made. So, as President of CISAC, I call upon all of you to give creators the opportunity to continue creating and contributing to our cultural, social and economic welfare. I call upon all WIPO Member States to recognise the importance of creativity, not only to our cultures, but also as a driver of global economic development. And to allow creators to make an even greater contribution to culture and the economy - we need to develop new and fruitful partnerships, between creators, WIPO and its Member States.

Now is the time for a new agenda in WIPO. I would like to call this agenda – “creativity for development”. It is an agenda that uses the power of creativity to achieve cultural and economic goals. It is an agenda that recognises the value of creativity for cultural, social and economic development.

Let’s roll up our sleeves and do what’s right.

* * * And now, I would like you to join me in celebrating the triumph of creation by welcoming the first artist performing here tonight. Susana Baca has a career that spanned several decades during which she mixed tradition and modernity, and took her Afro-Peruvian roots around the world. A few years ago, she traded music for a public office, becoming Minister of Culture of her country, a position which allowed her to speak on behalf of creators. But we are delighted that she has now returned to her musical career. Ladies and gentlemen, please give a very warm welcome to the incomparable Susana Baca.

WIPO Creators Panel Report – Sep 2014 Page 6 of 54 INAUGURATION CEREMONY SPEECH #2 | Jean Michel Jarre Muchas gracias Susana. Thank you so much for being with us here tonight. As I said earlier, we need WIPO and we are also convinced that WIPO needs us, the creators, to assist you in your goal: to advance the interests of your peoples and of society. To create new opportunities and to drive cultural and economic development. Copyright is a delicate system. It is a balance between fundamental principles that are at the heart of our society. But you all know that today, we live in challenging times for creators, because this system is under threat. As we are witnessing the digital revolution, we creators are worried the balance tilts towards powerful Internet companies. These powerful companies need our content; they generate substantial revenues from giving access to our content; but they refuse to share these revenues with us. They do not to pay, or pay very little. These companies want to become the gateway to our cultures. We – creators – embrace new technologies because we want our works to be available to as many people as possible. But we want it to be based on conditions that are fair. And we want to make sure that these developments do not become a disincentive to creation. That is why we are here today. To remind you that creators have so much to give to society, but they are fragile. They need your protection – especially today. We are here, to reach out to you and offer our contribution to the debates and the policies you develop. We want to help you develop a system that is fit for the digital age and that ensures authors all around the world continue to enrich society with original expressions of ideas and styles. We want to help you build a framework that allows creators in all corners of the world reach global audience, and reap the rewards for that. We would like you to hear our voices, not simply through our songs, but as they express our concerns, our expectations, but also our hopes, and our faith in the future. This is why tomorrow, myself and five other creators will have the privilege to welcome you to a special panel discussion on “A Sustainable Future for Authors”. The session starts at 12.45 in room A. I hope to see many of you there. We are very grateful for this historic and privileged opportunity to share our views with you. But more than that: we would like this event to be the starting point of a fruitful dialogue with WIPO, leading to a series of strong initiatives. Excellencies, distinguished delegates, now is the time for a new agenda that protects creativity and culture. In the face of the digital revolution that we experience, now is the time to come up with new initiatives that protect culture, ensures the future of cultural diversity, and guarantees that the creators of culture are protected and rewarded.

WIPO Creators Panel Report – Sep 2014 Page 7 of 54 Please remember that culture is not a given. It is the result of our creative efforts, talent, labor, and investment. That was true yesterday, it is true today, and will be tomorrow. If your goal is, and we believe it is, to advance the interests of your peoples, let us be more attentive to how authors’ rights work in practice. I mentioned earlier the power of creativity as a driver of cultural and economic goals. Let us use this potential. Let’s use this power. Let us ensure that creators can make a living from their creation wherever they are. Because if they cannot live from their creations, they will do something else. They will not create. And we – society – will lose. Let us ensure that future generations continue to have access to rich cultures. Let us guarantee that all creators have the same opportunities and that creators in one country are not deprived of opportunities that exist in other countries.

Let’s do what’s right. I know that this morning, the Director General, Francis Gurry, said that he hopes WIPO will be able to play an important part in developing policies that respond to the challenges of the digital environment. In my view – WIPO is the best place to do it. WIPO is the best place to develop new policies and strategies that address the challenges, threats, and opportunities, that the digital environment brings. There is no better forum in the world to do this. We need new strategies; New strategies that would strengthen the creative communities in each country. New strategies – that would allow creators to make an impact. New strategies – that would enable creators from the developing world reach global audience, and get fair remuneration for their work. New strategies – that would set the foundations for a future that is rich in culture and celebrates cultural diversity. Let’s get the engine of creativity rolling by promoting an agenda that protects creators, creates opportunities for them, wherever they are, and promotes development.

Let’s build together a sustainable future for creators, so that they can contribute to social, cultural and economic growth in every corner of the world. * * * To conclude this musical evening, let me bring to this stage one the greatest voices to ever come from Africa. Ismael Lo has blended Senegal's traditional music style with blues and folk. It is a unique blend. Be prepared to be dazzled. It is with great pleasure that I am asking you to give Ismael Lo a very warm welcome. Ladies and gentlemen, Ismael Lo...

WIPO Creators Panel Report – Sep 2014 Page 8 of 54 DAY TWO On 23 September, CISAC hosted a cocktail lunch followed by a creators panel discussion. Six internationally-renowned creators presented their views on the need for greater copyright protection and the importance of collective management of rights across the globe. Titled “A Sustainable Future for Authors”, this panel began with introductory remarks by CISAC President Jean Michel Jarre, move on to a series of brief speeches from each panellist. Francis Gurry joined the panel for closing remarks.

Jean Michel Jarre | Electronic Music Composer (France) Jean Michel Jarre is a pioneer in the field of electronic music and has revolutionised live performances by staging massive spectacular outdoor concerts. He is an Ambassador for UNESCO and was elected President of CISAC in June 2013.

Hervé Di Rosa | Visual Artist (France) Hervé Di Rosa is a French visual artist and painter recognised as one of the founders of the “Free Figuration” movement. He is Vice-President of French visual arts society ADAGP.

Angèle Diabang | Film Director and Producer (Senegal) Angèle Diabang is a film director and producer whose first short documentary in 2005, “Mon Beau Sourire”, was shown at over 50 festivals. Her last film shot in Congo DRC will be screened on French television. She is Chair of the Board of Directors of the new Senegalese copyright society.

Daphna Levin | Screenwriter and Director (Israel) Daphna Levin has been directing and writing television series and commercials for the past 15 years, winning several awards from the Israeli Academy. She is currently working on several new projects.

Vinod Ranganath | Playwright, Screenwriter and Director (India) Vinod Ranganath co-wrote India’s first daily soap titled “Swabhimaan” and has authored thousands of episodes for successful TV shows in India. He is one of the founding members of India’s new audio-visual society, SCRIPT.

Eddie Schwartz | Songwriter (Canada) Eddie Schwartz is a Nashvillebased songwriter and a record producer who has penned many classic hits songs. He is Co-Chair of Music Creators North America and of CIAM’s Executive Committee, CISAC’s international authors’ council for music.

WIPO Creators Panel Report – Sep 2014 Page 9 of 54 CREATORS PANEL SPEECH | Jean Michel Jarre Good afternoon As I said last night in the opening ceremony, in addition to being a musician and a performer, a year ago I have decided to take the President of CISAC. CISAC is a global organization that represents authors' societies in the world. We have 230 authors’ societies as members. Through these societies, CISAC represents more than 3 millions creators: music composers like me, lyricists, film directors and screenwriters, painters, photographers and many other creative people.

• We like to see ourselves as the “United Nations of Creators”. We don’t have a Security Council, and I am sure that we have less committees than you do. But we unite creators from every corner of the world, and we have an army of creators who are ready to fight and protect their rights to live from their creation.

• CISAC is a truly unique organization for many reasons: 1. It is multi-repertoire. We represent creators in the fields of audio-visual, music, literature and visual arts. 2. It is the only global organization of this kind: It has members in almost every country. We are truly global. 3. And we stand for something that is vital to us creators: the defense of our rights.

• This session today is about discussing how we can, all together, build a sustainable future for creators and copyright. And I believe that you, the decision makers, have a key role to play.

• So let's start with the beginning: by looking at the fundamental and central role of creators in our society. From Plato to JK Rowling, Beethoven to Kanye West, Rembrandt to Picasso, Charlie Chaplin to Steven Spielberg, great works of art have survived the test of time. They are fully part of our culture, of our DNA. They define who we are. They shape the society we live in. Creation enriches our lives intellectually, sometimes spiritually. And let’s not forget: creation also plays an important role economically. We – the creators – make an impact on each and every country’s economy.

• Creators do not live in a vacuum. To get our creative works across, we are partnering with what can be described as creative industries: record labels, film producers, publishers, broadcasters, art galleries or auction houses. But we are – many times - are at the mercy of the people who control the channels of distribution to our works. This is especially in today's digital eco-system.

• I cannot stress this enough, and although I am sure you know it, I will say it: we are the most fragile element in this eco-system. Creators are the weakest part of this system – the system that brings to all of you our music, films, books and paintings.

• Creating a work of art – be it a painting, a song, a movie, a book – requires talent and skill, but it is mostly a solitary process. Creators usually work alone. But they need – and they depend – on others in order to make a living.

WIPO Creators Panel Report – Sep 2014 Page 10 of 54 This is why organizations such as our authors' societies and CISAC are so important to us. We need them to take care of our interests. Alone, we are helpless. That's why combining our strengths via societies that represent us and protect our works is so crucial.

• The role of creators in society, and the importance of our societies as our representatives, have taken a new dimension with the advent of the digital revolution.

• Unfortunately, with the development of digital technologies and the major online services that we have today, something went wrong. Suddenly creators were seen as anti- technology. Let me say it loud and clear: we ARE pro-technology. We embrace it and we have no problems with it. Wider access to culture is made possible thanks to innovative new digital services and devices. We welcome that. Creators have been at the forefront of the digital revolution and we welcome the possibility for our works to reach large audiences.

• We are also open and receptive to new business models. But we need models that are sustainable. We need business models that make sense to all parties. They should take into account the intrinsic value of creative works and they must be based on a fair remuneration for creators.

• Creators are at the center of the digital economy. It is our works that generate so much revenues for digital services. So is it too much asking that we get a fair share of this business?

• We need digital services as much as they need the creative content that we provide them with. We are happy to sit alongside all these brilliant companies that are transforming today's global economy and see how we can built this sustainable future. But it has to be done though mutual respect. And we need you – the governments – to make it happen, because at the moment it doesn’t.

• We cannot devote our lives to our art unless we know what we create will be protected. We need you – the decision makers – go give us the means, in all your countries, to reap the promises of digital technology, by ensuring creators can make a decent living from their works. So - now is the time to look at how we are going to remunerate creators in the future. We have a lot to explore.

• First, we need to see how creators can get their share in the huge revenues that major technology companies make from providing access to our content. Free access to the consumer should not mean that the creator is not paid. At the end of the day, someone is making a lot of money from providing access to our works, and we are entitled to a share in that.

• We also need to ensure that creators have rights that apply to digital use of their works in each and every country of the world. Creators from one country should not be deprived of opportunities that exist in another country. We also need to ensure creators are compensated for all acts that involve exploitation of their works, including private copying for example, through private copying levies. This is another important thing – especially in emerging economies.

• And ensuring that creators have operational societies that represent them collectively is hugely important. Because as I said – we are the weakest part of the creative industries,

WIPO Creators Panel Report – Sep 2014 Page 11 of 54 and we cannot protect ourselves. We need to work collectively under one roof, under one organization that represents us and protects our interests.

• One principle should guide us: Sustainable creative sectors can only thrive if those at the heart of the creative process -- the creators -- receive fair remuneration for the use of their works. And we need you, policy-makers to ensure that this is going to happen. So my message to you today is the following:

• Let's roll our sleeves and start working on this sustainable future: • Creators • Our commercial partners - the people who finance us or invest in us • The societies that protect our rights • The actors in the digital economy • And you, the policy-makers, from each government to organizations like WIPO.

We need to start now, in a dialogue which has fairness at its core. We need to develop a new agenda – as I said last night – an agenda of “creativity for development” which focuses on how we can reap the benefits of creativity to support cultural and economic growth. This is our chance, and this is also our responsibility towards the future generations. Thank you.

WIPO Creators Panel Report – Sep 2014 Page 12 of 54 CREATORS PANEL SPEECH | Hervé Di Rosa Bonjour, je m'appelle Hervé Di Rosa et je suis un créateur dans les arts visuels et plastiques. Je fais partie de cette génération d'artistes visuels qui se sont inspirés des arts de la rue en y appliquant leur propre vision.

• Outre ce métier qui continue de m'habiter, je me suis énormément impliqué dans ce que l'on pourrait appeler l'intérêt général du secteur et la protection des droits des artistes, soit au sein de la société française ADAGP dont je suis Vice-Président ou de la CISAC, organisation dont j'ai été Vice-Président, et aussi son Président à la suite du décès de Robin Gibb.

• De tous les combats qui m'ont occupés, celui qui m'a tenu le plus a cœur est celui du droit de suite ou « artist's re-sale right ».

• Comme vous le savez sans doute, ce droit a été introduit en France à la suite de la vente de l'« Angelus » de Millet pour des montants conséquents par un collectionneur alors que sa veuve vivait dans une misère sordide. Les collectionneurs pouvaient bénéficier d'un système spéculatif pour s'enrichir davantage, mais pas les ayants-droit ou leurs descendants.

• Le législateur français a tenu à rectifier cette iniquité criante en créant le droit de suite. Mais il aura fallu plus d'un demi siècle pour que cette disposition soit élargie à l'ensemble de l'Europe.

• Ce droit a été introduit par une Directive dans toute l'Union Européenne en 2001. Ce fut une vraie révolution. Les artistes avaient droit à un petit pourcentage lié à la re-vente d'une de leurs œuvres soit par une maison de vente aux enchères ou une galerie.

• Soyons raisonnables : Il ne s'agit pas d'un montant astronomique. Il s'agit de quelque chose de l'ordre de 3% du montant de la transaction, et en plus c'est plafonné.

• Mais c'est un droit qui a le mérite d'exister. Avant l'existence de ce droit, tout le système était aux mains des intermédiaires. C'est un droit qui permet d'introduire un peu plus d'équité dans le système.

• Et 10 ans après cette étape importante pour nous, la Commission a entrepris de une consultation pour évaluer l'impact de cette loi dans l'Union. Le résultat de cette consultation nous a confortés dans la validité et l'équité de cette loi.

• En effet, un des principaux points critiques de cette loi allait être son impact sur le marché de l'art. Que n'avait-on entendu lors de la discussion de cette Directive ? Le droit de suite allait mettre à bas le marché de l'art, en particulier faire un dommage collatéral intense aux maisons de ventes aux enchères et aux galeries.

• Et qu'a-t-on vu au final ? Très peu de contributions à cette consultation ont repris cette antienne. Car tout simplement cette disposition a eu un impact minimal sur le marché de l'art qui suit par ailleurs sa propre logique économique. Selon les estimations de l'ADAGP, le droit de suite représente de l'ordre de 0,3% du marché de l'art en Europe.

• On a aussi dit que le droit de suite ne bénéficierait qu'aux nantis et contribuerait donc à enrichir les artistes déjà riches. Les chiffres présentés par les sociétés françaises ADAGP et Britannique DACS, lors de la consultation de 2011 ont montré qu'au contraire, le droit de suite a bénéficié à un ensemble d'artistes beaucoup plus large qu'initialement envisagé.

WIPO Creators Panel Report – Sep 2014 Page 13 of 54 • Mais cette loi a eu un impact fondamental sur la communauté des créateurs, en permettant de leur redistribuer des millions d'euros qui tout simplement n'existaient pas auparavant.

• Je crois que c'est ce que la Commission a finalement pris en compte lorsqu'elle a décidé tout simplement de laisser le texte en l'état et le droit de suite continue à s'imposer dans le territoire de l'Union pour le bénéfice des créateurs.

• Si je me suis permis d'insister sur la situation en Europe, c'est qu'en l'espèce, elle a montré l'exemple. Mais si ce droit existe déjà dans environ 65 pays, nous souhaiterions qu'il en soit ainsi partout dans le monde. Pourquoi ?

• D'abord par équité. Un peintre Danois peut bénéficier de cette loi mais pas un sculpteur Burkinabé ou un aquarelliste Vietnamien. Mais, aussi, si mes œuvres sont vendues sous le marteau d'une maison à New York, je ne toucherai pas de droit de suite. Mais un artiste Américain dont une toile sera vendue dans une maison a Londres ou Paris et qui est membre d'une de nos sociétés de gestion collective touchera un droit de suite.

• Ensuite, parce que c'est un moyen simple et peu onéreux de créer un système vertueux qui peut bénéficier a l'ensemble des artistes visuels dans le monde et leur permettre de générer de nouveaux revenus.

• Et, pour finir, c'est un droit qui repose aussi sur le principe de la gestion collective auquel nous sommes très attachés à la CISAC.

• Alors que nous réserve le futur ? Je vois des signes encourageants. • J'ai vu avec beaucoup de plaisir que c'est une thématique dont l'OMPI s'est récemment emparée, lors d'une récente réunion du Standing Committee on Copyright, avec en particulier des appels en faveur du droit de suite provenant de pays comme le Sénégal, le Congo, le Maroc, ou l'Inde – pays dont la production artistique est exceptionnelle, mais dont les créateurs ne bénéficient pas toujours – pour ainsi dire rarement – des protections que nous avons dans l'Union Européenne.

• Donnons-nous les moyens de mettre en place, au niveau mondial un outil qui permettra aux créateurs de tous les pays de bénéficier d'un système simple et efficace de redistribution des flux économiques générés par le marché de l'art. Nous avons besoin d'un marché de l'art florissant, mais nous avons également besoin d'une communauté artistique bénéficiant de droits équitables.

• Je pense aujourd'hui a tous ces jeunes artistes qui, dans le monde entier, sont en train d'inventer une nouvelle manière d'interpréter et de voir le monde. Donnons leur les outils qui leur permettront de créer dans un cadre juridique plus juste et plus respectueux de leurs droits.

• Je vous demande donc – à vous, les représentants de la communauté internationale regroupés au sein de l'OMPI – de prendre cette question à bras le corps et de nous donner, via un Traité, cet outil en faveur d'une économie de la création équitable et durable dans le secteur de arts visuels. Si nous y arrivons, ce sera une avancée dont la communauté mondiale pourra s'enorgueillir.

WIPO Creators Panel Report – Sep 2014 Page 14 of 54 CREATORS PANEL SPEECH | Angèle Diabang Bonjour, je m'appelle Angele Diabang et je suis une auteure et réalisatrice de films basée à Dakar au Sénégal.

• Je suis arrivé à la réalisation et à la production par accident. Je faisais des études de droit et je me suis rendue compte que je voulais faire un métier lié à la culture. C'est ainsi que de rencontres en rencontres, je me suis lancée dans ce secteur.

• J'étais monteuse et je me suis amusée a mettre bout a bout des fragments de films et c'est devenu mon premier film, « Mon beau sourire », qui a été montré dans plus de 50 festivals de par le monde.

• Je ne vous dit pas que mes parents étaient tout à fait heureux de mon choix... Mais c'est un choix que je ne regrette pas.

• D'habitude je m'exprime derrière une caméra. Je n'ai pas l'habitude de m'exprimer dans ce genre d'endroit, devant une pareille audience, c'est d'ailleurs assez intimidant.

• Mais si je suis ici, c'est pour apporter mon témoignage de créatrice venant d'un pays en développement, qui a une culture millénaire et une vie créative extrêmement riche.

• Je dis riche, mais je pense que l'ironie du propos ne vous aura pas échappé. • Mon pays est riche de talents, dans la musique, dans le cinéma, les arts visuels, et la littérature. Mais nos créateurs peinent à vivre de leur art.

• Pourquoi? Pour deux principales raisons. La première tient a l'état de développement économique du pays. La situation s'améliore petit à petit, mais il n'y a qu'une toute petite partie de notre produit national brut qui est consacré à la culture. Les gens investissent d'abord dans l'essentiel, avant de mettre de l'argent dans du divertissement ou de la culture.

• Et s'ils s'intéressent à la musique ou au cinéma, il y a de fortes chances que ce soit à travers des produits piratés.

• Ce qui me mène a mon deuxième point: la nécessité pour nous, créateurs, de pouvoir bénéficier d'un minimum de protection juridique sur le plan des droits, et d'un système de rémunération juste et équitable.

• Je suis aussi productrice et donc très impliquée dans le processus économique qui conduit à la création de films. Comment voulez vous que nous investissions si rien n'est fait pour qu'il y ait un retour sur investissement provenant, par exemple, des diffuseurs, qui trop souvent, dans des pays comme le mien, n'assument pas leurs responsabilités économiques.

• C'est aussi le cas des nouvelles plate-formes numériques. Beaucoup de Sénégalais regardent des films sur tablettes ou téléphone mobile. Mais trop souvent ce sont des contenus dont la légalité est sujette a caution. Et quand vous essayez de passer par des opérateurs établis, la part des revenus qui vous revient est choquante tellement elle est basse.

• Pour pallier à cette situation, je crois beaucoup au système de la gestion collective dans l'audio-visuel. Je suis membre des sociétés françaises SACD et SCAM, toutes deux membres de la CISAC. Ces sociétés sont pour nous des modèles. Elles permettent aux

WIPO Creators Panel Report – Sep 2014 Page 15 of 54 créateurs d'être protégés et elle sont un vrai pouvoir de négociation avec les grands acteurs du secteur.

• C'est pour cela que je suis très impliquée dans la création et la gestion d'une nouvelle société audio-visuelle au Sénégal. J'espère que cela contribuera a créer les conditions de cette nouvelle économie, équitable pour les créateurs, dans mon pays.

• Pour moi, c'est de la responsabilité des gouvernements de créer le cadre qui nous permettra, à nous, les créateurs, de pouvoir vivre de notre travail. Et cela passe par plusieurs choses : une bonne législation sur le droit d'auteurs, et surtout de s'assurer que ces conditions sont respectées par les acteurs économiques.

• Ensuite, nous avons besoin d'une prise de conscience : celle que les créateurs et les œuvres qu'ils créent font partie d'une économie qui peut, sans ironie, « enrichir » nos pays. D'une part en enrichissant notre patrimoine culturel, et ensuite en créant les conditions pour que ceux qui créent ces œuvres puissent en vivre.

• C'est pourquoi je vous demande d'oeuvrer avec nous à la mise en place de cette économie du futur, juste et durable, comme la décrivait Jean-Michel Jarre.

WIPO Creators Panel Report – Sep 2014 Page 16 of 54 CREATORS PANEL SPEECH | Daphna Levin Good afternoon. My name is Daphna Levin and I am a screenwriter and a director from Israel.

• For the past fifteen years, I have been directing and writing television series and commercials. I was involved in two important projects for television: The drama series "In Treatment" and the mini-series "Eagles", both of which received awards from the Israeli Academy. “In Treatment” was also sold to HBO and the format was used to create a highly successful US TV series.

• I am a freelancer. I work on projects without been attached to a specific production company or TV channel. I pitch ideas to TV channels with the hope that they will eventually develop into programmes.

• My situation is somewhat similar and different to that of my two fellow colleagues from Senegal and India. Like them, as a writer of TV shows or movies, I am probably the weakest link in the system. Like them, the recognition for our rights is a real and continuous battle. And like them, I believe that the only way to ensure that our rights are properly taken care of is through collective management organisations.

• The main difference with them is that we do have an audio-visual society operating in Israel, TALI, and it has been the case for the past 10 years.

• TALI was created in 2000 when scriptwriters parted ways with the local music society which used to represent them, and joined forces with film directors who did not have any society representing them. We built our own society, which is fully dedicated to audiovisual screenwriters and directors.

• Before the existence of our society, the streams of royalties going back to directors and writers were almost non-existent. It was very difficult to get any form of remuneration from TV channels or anyone using our creations. The reason was simple: we were too weak. We were paid by the producers and that was it. As creators, we were on our own. We could not negotiate with TV channels, and we could not monitor the use of our works.

• The coming into life our our society changed that. First of all, our society made agreements with TV channels but also cable and satellite channels, phone operators and even airline companies. We now receive royalties from the broadcast or the public performance of our works. Secondly, it monitors each and every programme and we can get paid accordingly.

• Our society TALI helped foster the perception that writing is a profession, a real trade. It is a productive way of ensuring that our work is recognised. And without collective management, we can surely say that scriptwriters or directors would have never received the kind of royalties that has been flowing since 2000.

• I’m saying all of this because I know that in many countries, societies do not exist in the audiovisual sector, and directors and screenwriters are on their own. And when they are on their own, they are unable to protect themselves. So my message is simple: make sure that audiovisual creators are not left on their own, and support them by helping them organize themselves in a society.

• So we are lucky to have a society representing audiovisual creators in Israel, but a problem that we are facing now is that our society is under threat: Israeli's competition authority is not convinced that screenwriters and directors need collective management of their rights.

WIPO Creators Panel Report – Sep 2014 Page 17 of 54 Simply put: The authorities thought that TALI was unnecessary, and that producers and broadcasters could take care of the interests of screenwriters and directors – something which is an absurd to anyone who knows anything about our industry. The threat to be closed down was very real.

• To us, this situation was unthinkable. This would mean going back to a system where producers and TV channels would control everything and we would lose a lot. This would be so unfair.

• Many of my peers have been extremely vocal in challenging the plans from the competition authorities. Interestingly, the media – including leading daily newspapers - stood by TALI and creators. And we received a lot of messages of sympathy from the public.

• The international community has stepped in, especially through CISAC, which demonstrated that this system was in place in Europe and many other parts of the world and that there had been no such precedent of a competition body challenging the validity of an audio-visual CMO. This has made a great difference. Suddenly, it was no longer a local problem for the government – it became an international issue.

• This was very encouraging for us creators because suddenly we had the feeling that we were no longer on our own and that other people were taking notice of our situation, and they were supporting us.

• All these efforts were somewhat fruitful. The competition authority did not change their mind but the environment has changed. There is now a case before the anti-trust tribunal and we hope that our views will prevail.

• This is a step in the right direction. We need a fully operational society. We need our rights as creators to be protected and enforced. What is happening to our society is counter- productive and sends us back to some Middle Ages where there the Lords were ruling and creators were their subjects.

• So I am asking you, members of WIPO, to help us build around the world a network of audio-visual societies that will provide me and my friends here with a fair system of remuneration and with the guarantee that our rights are respected.

• Use your power and use your resources to assist directors and screenwriters. Make sure they have effective rights that allow them to obtain remuneration when their films and TV series are used, and help them organize themselves in a society that can collectively represent them against the powerful commercial entities that use their works.

WIPO Creators Panel Report – Sep 2014 Page 18 of 54 CREATORS PANEL SPEECH | Vinod Ranganath Good afternoon. My name is Vinod Ranganath. I am a screenwriter and a playwright in India. Twenty years ago I co-wrote India's first daily TV soap, and since then I have written thousands of episodes for various TV series. I also write screenplays for feature films.

• As you certainly know, film and now TV are a booming industry in India. We produce thousands of movies and, at this stage, we have over a thousand terrestrial, cable and satellite TV channels.

• So it should be some sort of heaven for people like me. Except that it is not. Why? • There are two main reasons: the business side and the legal side. And they are both related.

• On the business side, the system has worked for too long by giving a predominant role to the producers, which reduced people like me, the authors, to a mere role of work-for-hire talent.

• In other words, my creative input, the writing that was then turned into films or TV programmes did not yield any copyright for me. All my rights were taken away from me. As a consequence, whatever the success of my films, I was no longer able to benefit from the exploitation and success of my creations.

• On the legal side, the law was weak and effectively allowed these powerful commercial entities to abuse people like me and treat me and my fellow creators in such a manner. It was simply too weak for us and too strong for the producers.

• Thankfully, the situation has changed. Under pressure from creators, the government of India has made important adjustments in the country's copyright law. Now, the law bestows the intellectual property of the authorship to the authors, both in the fields of music and audio-visual rights. And it introduced new measures which prevent producers from taking these rights away from us.

• So any attempt to take this ownership from you can now become a legal issue. Which is good news for creators.

• In fact, this is certainly the single most important change for creators of my generation. • But it has also opened the gates to a whole range of new issues. • First of all, implementing the law and making sure it was respected. Many provisions of the law are challenged by either producers or broadcasters. So it is still an uphill battle.

• We, as writers, through our various guilds, regrouped in a coalition representing probably over 20,000 writers, are currently party to a case before the hight court in Mumbai involving the country's broadcasting industry and the film studios to clarify the matter of who owns what in terms of intellectual property.

• It is a very important case for us and we should have the court's ruling in a few weeks. We do have hopes that the court will side with the government, and ourselves, in this matter.

• As you see, this is still a work in progress. • The second issue is how do we practically manage our rights.Since it has been recognised by law that we do have a copyright, we should now be able to collect royalties

WIPO Creators Panel Report – Sep 2014 Page 19 of 54 from the use of our works by broadcasters and other users. The law states that any exploitation of cinematograph outside cinema attracts royalties.

• But collecting royalties for these proceeds is not something an author can do himself. We need a collective body. A collective management society. Regrettably, we still don’t have it for audiovisual creators in India.

• Previously, only one or two big writers in hindi language had the power to negotiate at an individual level with the studios, but most writers are under-confident people who see the producer and someone doing them a favour by asking them to work for them.

• This is why a certain number of writers like myself have teamed up to create a new collective management organisation to enforce our rights and collect our royalties.

• We have tentatively called it SCRIPT and we are now awaiting to know from the registar of societies if we can use this moniker.

• The launch of SCRIPT will be an important step for us. We will have to set rates and get them ratified. And then we will have to establish contractual relationships with broadcasters. And eventually collect and redistribute the rights owed to creators.

• For me, a CMO is the only answer to the need to assert the rights of individual creators. I can always try to deal directly with the studios and the broadcasters, but what do you think the outcome will be?

• The power of the collective is the way to ensure that we can build a fair and sustainable system for creators It also ensures that their remuneration is negotiated and administrated collectively. This will guarantee that creators are paid and establishes a direct revenue stream between the market and the authors.

• I will conclude by saying this: the potential is huge for audiovisual creators in India. We finally have a better legal system to protect us against abuse of our rights. Now is the time to really make it work.

• We need support – from our government, and from WIPO – in setting up a properly functioning collective management organization for screenwriters and directors. It exists in many countries that produce films and TV programs, but it doesn’t exist in India, one of the biggest markets and producers of such content. Now is the time to change it, for the future of our sector and our audiovisual creators.

• I would add that I would like to see the same happening in all the countries where there is not yet an audio-visual CMO.

• And I would like to go one step further and suggest, as have my European colleagues regrouped within SAA, that there should be for audiovisual creators an inalienable right to remuneration. This right does not exist internationally, but maybe this is the right place and the right time to start talking about it.

• Without our ideas, the public would not enjoy films and TV series, and without a public enjoying our works, there would be no industry.

WIPO Creators Panel Report – Sep 2014 Page 20 of 54 CREATORS PANEL SPEECH | Eddie Schwartz Good afternoon. My name is Eddie Schwartz. I am a songwriter and over my career I have written songs for such artists as Pat Benatar, Joe Cocker, Paul Carrack, the Doobie Brothers and I was lucky enough to have my songs performed by some of the greatest names in music, from Carly Simon to Donna Summer to Rascal Flatts.

• Although I am Canadian, I am based in Nashville, which is a sort of Mecca for songwriters.

• I am the President of the Songwriters Association of Canada (Canada) and I am also co- chair of Music Creators North American, which is 2 years old. We are a continental alliance of music creator organizations in the US and Canada.

• Performers are the ones who can have the bombastic presence on stage – and often off stage – and who are identified by the public. Songwriters are usually the quiet ones behind the scenes. What we do is simple: We write songs, sometimes music and lyrics, sometimes just the music, for which we then search for the most suitable lyricist.

• And then, when our songs are picked by performers or bands, there is this great sense of gratification to see these little nuggets that you have created take a life of their own – Diane Warren, the prolific American songwriter who wrote more than a hundred Top 100 hits calls them her “babies”. Well, I have a few hundred “babies” to my credit!

• If what we do is simple, how we get paid for what we do is slightly more complicated. Song compositions generate copyrights that in turn generate streams of revenues once they are used, either for a recording or for the public performance of that recording.

• You have to understand that our only source of revenues, as songwriters, is entirely dependent of our rights, to use the Anglo-American word, our copyright. So it is quite natural that we treasure them!

• To ensure that we get the proper royalties for the use of our works, we, the songwriters, the composers or the lyricists, we have created what remain to this date the most efficient tools to exercise our rights – I am talking about collective management organisations.

• These organisations – which are by and large controlled by the creators – negotiate on our behalf with the users of music. In some cases the tariffs are imposed by the government or by copyright tribunals, in other cases CMOs and users negotiate the most acceptable rate for both parties. Of course, we would always like the have more and users want to pay less, but until now we have always managed workable compromises and kind of fair levels of remuneration.

• This model was shaken upside down with the new digital world. First of all, it has become very difficult to negotiate with a certain number of the new key players. And getting what we believe is a fair rate has become an uphill battle.

• So let me for a while focus on this word: Fair. This panel is titled “Moving Towards a Sustainable Future”. This, in our opinion, can only happen if there is a fair compensation for music creators for the use of their works.

• This is why we have created the Fair Trade Music Initiative. Its purpose is simple: Promote the notion that – from the a creators perspective – there is a need for fair compensation if you use our music.

WIPO Creators Panel Report – Sep 2014 Page 21 of 54 • What is fair? That's the billion dollar question. • To answer that question, we have – at Music Creators North American – commissioned an independent study to an economist whose brief was simple: How can we define fair and what would be fair rates in the music field, not simply for us songwriters but for the whole food chain? How do you ensure proper compensation without putting at risk the business models of our partners from the tech side?

• The study's findings include where the money goes now and where it should go in a fair and equitable system; what are fair percentages of gross revenues that should go back to all rights holders, and what are the splits between those various rights holders, ie those who are involved in the creation of the master recording, and those involved in the underlying work.

• The study's findings will be unveiled at our next congress in Nashville on October 22-23, but I can already tell you that it clearly demonstrates using accepted economic criteria that serious inequity exists both in the overall amount of gross revenue paid by streaming services for all music rights, and how that revenue is currently split among rights holders including creators.

• About 25,000 creators in the world are united behind this initiative. CISAC has already endorsed this initiative and our task now is to look for endorsements from all parties. And since I am here in Geneva, let me simply say that we would most certainly welcome WIPO's endorsement of the Fair Trade Music Initiative.

• We believe that the time has come to find ways to communicate directly with consumers and give them a simple choice at the point of purchase (or streaming, etc) just as “Fair Trade” coffee has done. FTM will give consumers the clear option of be the last link in a virtuous, fair and transparent value chain that equitably compensates music creators, as well as all other rights holders.

WIPO Creators Panel Report – Sep 2014 Page 22 of 54 Q&A SESSION Following the speeches, a lively Q&A session with journalists got underway with a number of powerful and well reported sound bites shared with the floor:

“We must distinguish between piracy and technology” - Jean Michel Jarre

“Free access does not mean that artists should not be paid” - Gadi Oron

“The number that can live from their music has fallen by 80% in - Eddie Schwartz N. America”

“With 1200 feature films per year makes India the world's - Vinod Ranganath number one market with up to 18,000 screenwriters”

“The Resale Right is not an additional tax. After 10 years it - Hervé Di Rosa represents just 0.3% of Euro art market”

“Before the existence of our society, the streams of royalties - Daphna Levin going back to directors and writers were almost non-existent”

“My country is rich in talent, in music, in film, visual arts, and - Angèle Diabang literature. But our designers are struggling to live from their art.”

“Sales of one million records would at one time have paid me a modest middle class income and I would have received a platinum record. Looking at my digital royalty statements today, - Eddie Schwartz for one million streams I get $35. My middle class economic status has been reduced to a pizza”

“We, as creators, are pro-technology. We embrace it and welcome the wider access to culture that digital devices and services afford the public, and the opportunity to reach wider - Jean Michel Jarre audiences that technology affords creators. But we need business models that make sense to all”

WIPO Creators Panel Report – Sep 2014 Page 23 of 54 PHOTOGRAPHY

All images from the Creators Panel are available online at: http://gallery.cisac.org/index.php/Jean-Michel-Jarre-Adresses-Delegates-at-WIPO-Inauguration http://gallery.cisac.org/index.php/CISAC-Creators-Panel-at-WIPO

WIPO Creators Panel Report – Sep 2014 Page 24 of 54 AUDIO/VIDEO A video recording of the entire creators panel is available on-line. An interview of Daphna Levin, Angèle Diabang, Eddie Schwartz and Vinod Ranganath will soon also be released via https://www.youtube.com/user/CISACVideo/.

In addition, an audio recording of the entire event is being prepared and will be available as a podcast. The download link will follow soon.

WIPO Creators Panel Report – Sep 2014 Page 25 of 54 SOCIAL MEDIA | Live Tweeting From the Event

WIPO Creators Panel Report – Sep 2014 Page 26 of 54 SOCIAL MEDIA | Examples of Audience Interaction

Our new social media strategy began on September 17th – the chart below shows an independent measure of our social media influence over the past 90 days:

WIPO Creators Panel Report – Sep 2014 Page 27 of 54 PRESS RELEASE #1

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WIPO Creators Panel Report – Sep 2014 Page 32 of 54 MEDIA COVERAGE A summary of the most prominent media clippings is provided below:

Publication Description Article Title

Leading Swiss French-language daily “Le droit d’auteur concerne tout Le Temps newspaper, published in Geneva with a le monde” paid circulation of over 50,000 copies American music magazine headquartered “UN's World Intellectual in New York City and first published in Property Organization Meets Billboard 1894; distinguished as being among the With Artistic Creators for First oldest trade magazines in the world Time” A trade paper for the UK record industry, “CISAC takes digital royalties Music Week founded in 1959 and with a weekly issue to UN's World IP circulation of more than 5000 copies Organisation” “Numerous Side Events At WIPO General Assembly This Week” “Creators Push For Fair Intellectual A Geneva based publication reporting on Remuneration At WIPO Property policy issues and influences relating to General Assembly” Watch international organisations “Interview – New CISAC Director Speaks On Expectations, Vision For The Future” German language magazine published by “CISAC hebt Diskussion ums the largest national media house for the MusikWoche Urheberrecht auf die WIPO- entertainment industry and with a weekly Agenda” circulation of more than 4000 copies A digital-only online news channel offering “Droit d’auteur : les priorités de News Tank business information for executives la CISAC face au numérique Culture operating in the French culture industry évoquées à l’OMPI” Established in 1999 as a news portal for “Ismael LÒ : L’une des plus Senegalese and other French-speaking belles voix de notre Continent a Seneweb Internet users and now the leading encore fait la fierté du Sénégal Francophone African web site in terms of aux Nations-Unies.” audience “Jean Michel Jarre appelle les Continent artistes et les politiques à s’unir Online pan-African news website Premier pour défendre les droits des créateurs.” Music Launched in 1998 and now the largest “CISAC Takes Digital Royalties Industry online daily newswire serving the music Issue To The UN” News industry worldwide “CISAC Takes Digital Royalties News168 Online news aggregator Issue To The UN” An independently published weekly digital Record of magazine and a daily email newsletter “CISAC Takes Digital Royalties the Day featuring the most relevant and up-to-date Issue To The UN” music and media news

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