Do Artists Need Their “own” Streaming Right?

Equitable remuneration on streaming platforms through “direct artist claims

Sessions / Panel / Marketing, Recorded, Rights Management, Politics / Advanced

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Equitable remuneration on streaming platforms for musicians through “direct artist claims” against the platform only? 

Since August 01, 2021, performing artists have a direct remuneration claim against certain platforms, in particular social media platforms such as YouTube, Facebook, etc., for content streamed in Germany. This claim was introduced in the "Copyright Service Providers Act" (UrhDaG), controversially debated between supporters and critics of the Act. The direct remuneration claim can only be asserted by artists or collecting management organisations.  

Only in this way do artists actually receive the equitable remuneration as guaranteed by German law, say the proponents of the direct remuneration claim and would prefer to extend it to streaming in general. 

Critics, on the other hand, say that the direct remuneration claim violates constitutional rights, even harms artists in the end and consider usage-based accounting of streaming platforms via collecting management organisations to be impossible. On the contrary, they assume that almost all rights holders will as a result lose income, including the majority of artists.  

So what is it about the new direct remuneration claim? What does it look like in practice and what is the situation regarding streaming remuneration for musicians?

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