Concrètement, les plateformes de musique en ligne française pourront aller chercher les droits d’exploitation dans n’importe quel pays européen, et proposer leurs services à travers toute l’Europe. Toutefois, la Commission préserve le droit des sociétés de gestion nationales à fixer les tarifs de redevance pour leur territoire. De même, les auteurs pourront faire gérer leur droit par une autre société de gestion que la Sacem, là où, par exemple, les frais de gestion seraient plus bas.
La décision permet aux Sacem européennes de « conserver leur système actuel d’accords bilatéraux
et leur droit de fixer le niveau des redevances dues sur leur territoire national« , mais elle s’attaque à deux dispositions clés qui justifiaient l’existence des accords bilatéraux. La Commission a ainsi exigé la suppression des clauses d’affiliation, qui empêche un auteur de choisir sa société de gestion ou de se tourner vers une autre, et des clauses de restrictions territoriales, qui empêchent les sociétés de gestion collective d’offrir des licences en dehors de leur territoire national.
« La décision permettra aux sociétés de gestion collective de se concurrencer en termes de qualité de leurs services et de niveau de leurs frais administratifs (qui sont déduits du montant perçu avant qu’il ne soit remis à l’auteur). Elle incitera ainsi les sociétés de gestion collective à améliorer leur efficacité« , assure la Commission européenne, qui rappelle qu’elle avait tenté de résoudre l’affaire à l’amiable en 2007 mais que les engagements pris par les sociétés de gestion étaient insuffisants.
Selon la commissaire chargée de la concurrence Neelie Kroes, « cette décision aura un effet positif sur la diversité culturelle dans la mesure où elle encouragera les sociétés de gestion collective à offrir aux compositeurs et aux paroliers de meilleures conditions en termes de perception des montants auxquels ceux-ci ont droit. Elle facilitera également le développement de la diffusion par satellite, par câble et sur Internet, en offrant aux auditeurs un choix plus vaste et aux auteurs des revenus potentiellement plus importants« .
La Commission européenne n’a pas infligé d’amende à la CISAC, estimant que la suppression des clauses d’exclusivité serait suffisante.
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