Landmark Law Addresses 'Value Gap' of Online Music

Transposing the EU Copyright Directive into the 27 national laws across Europe is complete today as it enters into force in Poland, the last remaining EU Member State.

This vital law affects every music company, songwriter and artist worldwide whose work is streamed in Europe on digital services such as YouTube, TikTok, Instagram, X, Triller, Facebook and many other 'User Upload' services.

Its creation and passing was in unprecedented and dramatic circumstances e.g. the European Parliament was subjected to a heavily resourced and complex astroturfing campaign by 'Big Tech' companies; more than 8 million emails were generated towards EU lawmakers; Wikipedia 'blacked out' its homepage before key votes; tech funders used leverage to push high profile European newspapers to include anti-copyright messaging; almost 100,000 activists in Germany marched against the laws; individuals were subsidised to protest outside the European Parliament; a bomb threat was even issued against one of the leading lawmakers.

The mantra from commercial opponents was that passing Article 17 would 'break the internet'. Today, the internet in Europe is functioning as normal.

Further, the intellectual property rights of millions of music makers and companies have been improved. The law includes vital rules for digital services, chiefly 'Article 17', which has 4 pillars:

1. Value Gap - Platforms must seek licenses on fair terms from all relevant rightholders and do not have a 'Safe Harbour' from copyright liabilities (as they often claimed despite digital music being central to their business models).

2. Rights Enforcement-instead of endless ‘whack-a-mole’ by music companies per URL, these platforms now have a 'Stay Down' obligation when unlicensed music is flagged.

3. Transparency - Platforms must increase transparency on how music is streamed on their services.

4. Global future - The EU should be exporting these IP standards to international markets via trade policy.

JOHN PHELAN / ICMP Director General
“Today's entry into force of the Copyright Directive in Poland completes the long running campaign to install the EU law across 27 governments.

The landmark legislation of 'Article 17', which so many helped realise, has significantly boosted
the digital licensing landscape for music publishers, songwriters and composers around the
world whose music is used online in Europe. We've seen it be used directly in many countries, including with YouTube in Denmark, Meta/Instagram in Italy and TikTok across the EU.

It also introduces 'Notice & Stay Down' of unlicensed music. This standard is our near future goal across the entire online marketplace. It also improves transparency on how music is streamed.

We will continuously drive to defend the rights of songwriters, composers and publishers internationally and provide the basis for ever greater value for the use of music.”

JACKIE ALWAY OBE / ICMP Chair, Universal Music Publishing EVP Int. Legal & Industry Affairs
“Today’s completion of the EU Copyright Directive’s transposition into domestic law in its Member States delivers songwriters and artists enhanced value – not only across Europe but around the world. While we applaud this significant milestone, our work continues every day to assure a vibrant, diverse and robust ecosystem that delivers even greater value to music creators.”

RALPH PEER II / ICMP Board, Peermusic Executive Chair
“We are honoured to have been long term representatives of Polish creators who together with their worldwide colleagues welcome the support of Poland in creating an EU wide environment of support for the creative talent that enriches all our lives.”

RELL LAFARGUE / ICMP Vice Chair, Reservoir Media President & COO
"Reservoir licenses music worldwide, across all kinds of digital platforms. Article 17 has had a direct effect in Europe and ripple effect internationally on a fairer value of digital music. I'm working with ICMP to continue that constant task. But today we celebrate a landmark law."

GUY HENDERSON / ICMP Board, Sony Music Publishing President International
“The adoption of the EU Copyright Directive across all of Europe is great news for all publishers and songwriters. It is also tremendous credit to John Phelan and his team at ICMP who worked so hard on its formulation.”

BOB BRUDERMAN / ICMP Board, Kobalt Music Chief Digital Officer
“Digital music markets are crucial for Kobalt's thousands of songwriters and composers worldwide. Completing 'Article 17' into all 27 markets matters across Europe and further afield. This has given us a really solid basis for our sector to continuously push for higher value for music.”

NICLASS BJÖRLUND / ICMP Board, Editions Björlund Owner
"The Swedish European, and global music markets have already witnessed a substantial positive impact from this hard-fought legislation. Now that the law has been fully transposed across all 27 EU Member States, ICMP can continue to leverage its power to ensure composers and songwriters receive appropriate compensation and copyright is respected in the digital age.”

CECILE BERNIER / ICMP Board, CSDEM Vice President
“It's a relief to see the Article 17 of the Copyright Directive finally secured all across European Union after 5 years of facing various threats. Congrats to the ICMP team for fighting every step of the way.”

JONNY THOMPSON / ICMP Board, MPA Japan Board
“At ICMP I represent Japan's national industry association. We've watched closely the way in which the EU has brought digital platforms to heel and closing the Safe Harbour loophole. Article 17 benefits Japanese music companies and creators streaming into Europe, and we've worked with ICMP on the detail to drive improvements in Asia.”

PAOLO FRANCHINI / ICMP Board Director, FEM Director General
“We are very happy to learn that with the inclusion of Poland finally all 27 members of the European Union have adopted the Copyright Directive.
It has been a long journey during which the European community of music publishers, under the direction of our International confederation ICMP, played a major role.
The Copyright Directive proved already to be an essential tool to preserve the rights of creators, as happened recently in Italy and in other EU territories, assuring more transparency and helping to establish a better ecosystem for all the creative industry.”

DAVO VAN PEURSEN / ICMP Board Director, NMUV Director
“Over the last few years, many EU countries have implemented the Copyright Directive. We can already see the positive results for the creative industry. I’m pleased that the last of the 27 EU markets has accepted this Directive. Composers, songwriters, and publishers will all benefit from this defence of their rights by big tech companies.”