The future of the creative contribution

The creative contribution brings together an authorization for the non-market exchange between individuals of digital works and a flat-rate payment by all broadband Internet subscribers in order to reward and fund creation. I put forward the case for the creative contribution and how it can be implemented in my book Internet & Création. The creative contribution can be implemented in various ways: through extended collective licenses or through legal mechanisms, for all media or for only part. What matters is that it gives effective rights to individuals to share digital works between themselves and that its product is distributed according to usage on the Internet (for the remuneration part) and with an involvement of creators, internet users and those who contribute to the environment of creative activities. My (to be further debated) proposal for the amount of the contribution in France is 5 to 7 € for all media and 1,5 to 2€ for music alone.

The socialist group of the French National Assembly has tabled an amendement putting in place the creative contribution for music, with a 9 month delay for music stakeholders to agree on a mechanism of extended collective licenses, the law putting it in place if no agreement is found at the end of this delay. The creative contribution was an important agenda item in the debates of the first and even more even more second seating of the Thursday 12 March on-going debates on the infamous HADOPI law. The amendment was not adopted, the UMP/UDC majority having voted against it. In addition to the socialists and associated, Martine Billard (Green) defended it for the Green&Communists group.

Just after the vote, Patrick Bloche (PS) gave notice to the culture Minister of an appointment 3 years for now, when the Parliament will be meeting to adopt the creative contribution. I am not sure whether this will be the exact moment, but the creative contribution will not wait three years for being further advanced in the policy debate. In the coming months and years, one will have:

  • to conduct studies in order to further detail the already proposed analysis and implementation,
  • to install the proposal in electoral debates, in particular those connected to the coming European Parliament election
  • to carry forward the creative contribution in the European Parliament and towards the European Commission, in order for the legal framework to be further open to its implementation and for incitative policy to take it in account as a promising approach, infinitely more promising than a never-ending eternal war against non-market file sharing.

This post is also available in: French

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