Spain and France back fair remuneration for creators of analogical and digital content

The two countries consider that copyright is the fundamental basis of creative activity and a source of the vitality of the cultural and creative sectors.

In this Joint Declaration, France and Spain consider that it is essential and urgent to guarantee both the updating and harmonisation of an effective framework to protect the rights of creators, in particular relating to online activities, and the proposals on copyright in the Digital Single Market.

The two countries agree that this reform must be integrated within a genuine European strategy on culture in the digital era, not only to foster access by consumers to works but also to back fair remuneration for analogical and digital creators.

Defence of the principle of territoriality

Through the Joint Declaration, France and Spain undertake to defend the principle of the territoriality of copyright. They also reject initiatives that defend the extension of the principle of the country of origin to some online services of broadcasters and through the questioning of contractual freedom.

Moreover, both France and Spain consider that the search for contractual solutions must precede the establishment of other exceptions on copyright. When there are justified exceptions, they will strive to preserve the legitimate economic interests of the sectors affected and the possibility of compensation must be considered. They consider it is primordial for the European copyright framework not to be brought into question to the benefit of other initiatives.

The two countries are collaborating so that the reform of the regulation on copyright that the European Union is currently working on pays special attention to new digital players - such as video sharing platforms - particularly in order to guarantee the protection of minors and consumers in general, as well as in the fight against the proliferation of messages of hate and the glorification of terrorism.

In this Joint Declaration, France and Spain recall their commitment to cultural diversity as a means of enriching intercultural dialogue and of supporting the freedom of creation. It will be necessary to involve all publishers of audiovisual communication services in the financing and promotion of European audiovisual works.