The creative contribution in the French parliamentary debate

According to the French economic newspaper La Tribune, the socialist MPs have tabled an amendment to the Creation & Internet law proposal creating a creative contribution for non-market music P2P exchange. The text of this amendment tabled by Patrick Bloche and Didier Mathus is reproduced in PC Impact. It reads as follows (my translation):

« The professional organizations of the phonographic sector enter into professional agreements to put in place a “creative contribution”. The collective management societies are associated to this agreement. This mechanism authorizes, as a counterpart to the payment of a flat-rate contribution by broadband Internet subscribers, these subscribers to exchange between themselves without aim of profit phonographical works that are included in the remuneration mechanism. From December 31st, 2009, in the absence of an agreement, a law will define the modalities of implementation of this creative contribution. »

It is very welcome for such a proposak to be put on the table of parliamentary debate. Even though it was not accepted in the Law Committee, it will be possible to propose it again during the plenary debate. I am certain that it will meet the interest of MPs of many all parties. The proposed approach is reasonable : one first calls for an agreement between the sector stakeholders that could take the form of extended collective licenses such as those that already exist for other usage rights. But one keeps the law as an incentive to reach an agreement and as a way to unblock the possible opposition of some players that would oppose a measure that is in the interest of both creators and the public. To inform the definition of the amount of the contribution, one needs an open debate on the basis of the real figures of the remuneration of artists and of the reality of internet sharing and its impact. I will contribute to this debate.

In “Internet & Création”, I recommended to put in place a mechanism that would aim at covering all media, but I accepted the principle of a step-by-step introduction for some media, music being a natural choice. If a creative contribution for only one media is put in place, one will have to make sure that surveillance or automatic repression mechanisms are not put in place in parallel. This would amount to take back the freedoms that are set by the creative contribution. The promising element is that putting in place the proposed creative contribution will make possible to experiment its benefits for cultural diversity and for the remuneration of creation and of added-value players who contribute to it.

This post is also available in: French

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