SEMINAR ON COPYRIGHTS IN THE LIVE PERFORMANCE SECTOR IN THE CONTEXT OF MOBILITY FROM PHYSICAL MOBILITY TO VIRTUAL MOBILITY 15th of June 2011, 14h00 – 18h00 Kaaitheatre, Square Sainctelette 19, 1000 Brussels, Belgium Programme 13.30-14.00 Registration 14.00-14.15 Opening: Catherine Baumann, President of Pearle* 14.15-16.00 Session 1: Touring of productions Today, mobile live performance organisations have to deal with national fragmentation of copyright law and are confronted to increasing administrative burdens when trying to clear the rights for a production to be presented abroad. The seminar will discuss these problems encountered in the context of mobility and should suggest new proposals, ideas and solutions, made in Europe, the live performance sector could benefit from. Moderation Richard Poláček, Researcher and member of PRACTICS Case Study • Henrik Stålspets, Svensk Scenkonst, Sweden Panel discussion • Jean-Christophe Lardinois, copyright lawyer • Jana Robert, researcher at the Liverpool Institute for Performing Arts • Jérôme van Win, SABAM • Representative of the European Commission (tbc) • Ursula Murschitz, Legal Advisor to the United Theatres of Vienna • Panagiotis Gkofas, European Economic and Social Committee (tbc) Questions & Answers 16.00-16.30 Coffee Break 16.30-18.00 Session 2: virtual mobility of live performance or the digital context Live performance organisations make use of the digital world to offer new services to consumers, promote their production online or livestream an event to reach a wider audience. However, they are often confronted with new impediments that need to be overcome when going online. The new legislative proposals on copyright, currently on the table of European policy makers, have to be reviewed in this respect. Are there solutions foreseen adapted to the needs of live performance organisations? Moderation Richard Poláček, Researcher and member of PRACTICS Case study • Alex Batterbee, Royal Opera House Covent Garden, UK • Claire Guillemain, Profedim France (tbc) • David Zegers, Ancienne Belgique, Belgium Panel discussion • Anne-Catherine Lorrain, researcher, intellectual property expert • Federico Poggi, DG Information society, European Commission • Jean-Christophe Lardinois, copyright lawyer • Petra Kammerevert, Member of European Parliament • Representative of SACD-SCAM (tbc) • Alex Batterbee, Royal Opera House Covent Garden Questions & Answers 18.00-19.00 Cocktail

1. PEARLE Copyright Seminar June 15th, 2011 Brussels Virtual mobility of live performance or the digital context Legaloverview Anne-CatherineLORRAIN Lawyer Researcher, Paris-SudUniversity

2. The increasing part of performing arts in digital content Performing arts (‘spectacle vivant’) on the web: Video platforms (Youtube, Dailymotion), live streaming services Live performance related online services: Live event and ticketing online platforms (Live Nation, SongKick, BandsInTown, JamBase, Pollstar) Fans’ communities…

3. ‘Performance’ … for copyright lawyers… The traditionallegaldichotomy of economicrights… Performing right / reproduction right = Right of communication to the public; representation right; right to makeavailable. … outdated in the digital context? New legal challenges?

7. Copyright licensingNeed of adaptation to the digital environment Towards multi-repertoires AND multi-territorial licenses Initiatives from rights holders: Santiago Agreements (2001, expired), Barcelona Agreements (2002, expired), Simulcasting Agreements (still in effect) European Commission (DG MARKT)’s Recommendation on collective cross-border management of copyright and related rights for legitimate online music services (2005): Intervention of EU regulator (soft law) to introducecompetitionamongst copyright managers: Users: Free choiceof right managers/collectingsocietiesirrespective of residence/nationality Grant of licenseswithout discriminationamongrightsholders and users ‘for a better service of online music licensing’ (within the EU single digital market); ‘for bettertariffs’…

9. Lack of legalcertainty

10. Altering cultural diversityWhat solution? - Practical: licensing ‘hubs’ (‘alliances of alliances’…)? - Legal: ‘governance/enablingtool’ for sustainableEuropean-wide copyright licensing(cf. EC Communication: “A Single Market for IPRs”, May 2011)? More than soft law? towards a unified European copyright law? - Mandatory collective management; extended collective licenses?

12. Territorial exclusivity

14. Suspension of EC Decisiondenied

16. Thankyou for your attention !Anne-Catherine Lorrain