#FreeAllWords: International Text and Translation Fund of the European Writers‘ Council (EWC) gives a voice to authors from Belarus and Ukraine
PLR is a commitment to fairness: The EWC welcomes the PLR Study by Sabine Richly for the WIPO SCCR 45
For the Forty-Fifth Session of the Standing Committee on Copyright and Related Rights (SCCR 45) in Geneva, April 15 to 19, 2024, the SCOPING STUDY ON PUBLIC LENDING RIGHT, prepared by Sabine Richly, MBA, LL.M, will be presented and discussed. The EWC had constantly supported the corresponding proposal for a WIPO Scoping PLR Study by the Republics of Sierra Leone, Panama, and Malawi.
The presented scoping study by Sabine Richly (Digital Media Law) for the WIPO SCCR 45 offers a comparative analysis of PLR systems across different countries, with the goal to spot similarities, differences, and best practices within these global systems. The EWC – its Secretary-General Nicole Pfister Fetz and Nina George, Commissioner for Political Affairs – was honoured to provide perspectives and insights from the writers’ views and monitorings on PLR, along with Arjen Polman of PLR International, Carola Streul (EVA), Anne Bergman-Tahon (FEP), Christina de Castell, (IFLA) and Anita Huss (IFRRO).
From the summary
“The study demonstrates the adaptability of Public Lending Right (in the following: PLR) systems to diverse national cultural goals and economic contexts, as evidenced by the 35 systems currently in operation (“active systems”) and a number of systems in development worldwide. Most of these systems, reflecting a spectrum of policy objectives and national circumstances, exemplify the alignment of PLR with local needs. The establishment of a robust PLR system requires the close cooperation and collaborative efforts among government, library, and rightholder representatives to achieve meaningful compensation without straining library budgets.”
The EWC was able to draw attention on the legit interest of authors, to be remunerated for this use of their works. Some selected arguments were given:
From the perspective of many stakeholders, authors need to be compensated for these uses as they provide the material that libraries need in order to fulfil their mission for the knowledge and cultural societies. They consider their work a key contribution to the social pact between creators and libraries that benefits society. The European Writers’ Council (EWC) argues, based on the principle that every use of a copyrighted work should be subject to exclusive rights or at least a remuneration, that:
- in many countries lending figures are just as large as sales and therefore affect the primary
markets of authors and publishers. - PLR payments can help to ensure a thriving literary sector, as compensation for loans also
generates an increase in income, which is positively reflected in tax payments, as well as
in the pension and social security contributions of authors who are often employed as
freelancers (writers, translators, illustrators, for example). - By investing in authors through PLR, the state not only supports the well-being of creators
during their working lives but also alleviates future burdens on state budgets. PLR may
serve as a safeguard against old-age poverty experienced by freelancers in cultural
sectors and offers substantial benefits to state budgets, especially in areas like pensions
and unemployment benefits.
On Remuneration
It should be noted, that all three concepts, copyright law systems, PLR specific systems and systems under a general Arts and Culture Policy are equally acceptable from the authors’ perspective (EWC) as long as they provide for more than a symbolic payment.
On bilateral agreements
Also, reciprocal agreements offer authors a significant advantage, particularly when robust markets allocate a proportional share to smaller markets. The funds allocated to other country by agreement , however, should, according to the European Writers’ Council, always be capped relative to the total budget to ensure that authors from developing countries or languages with limited circulation benefit from being lent in nations with a high number of readers. (…)
The authors’ perspective (here represented by EWC) is of the opinion that also in developing countries, “the authors and several providers of the book sector play a vital role in direct and indirect benefits they generate for every economy (employment, tax, regional development) and the society.
EWC suggests exploring the possibility of reciprocal agreements as set out in more detail under Chapter 6.1.3.1.
Appropriate funding of loans is a safeguard for the preservation of cultural heritage, diversity of languages, written culture, and enables fair access to literature and culture across different population groups – the access to create and to raise their own voice, therefore protecting cultural and intellectual resources for future generations (intergenerational equity).
The EWC calls on WIPO Member States, to foster knowledge exchange on PLR such as regional seminars or advisory pools with the involvement of rights holders and PLR enablers, to support interested countries without PLR yet, to explore a tailor-made solution for their legal and budgetary environment.