The two organisations that act as 'parents' to many of the world's publishing royalty collection societies, both performing and mechanical rights (including the UK's PRS and MCPS), have called on YouTube and MySpace to step up their efforts to reach publishing licensing deals regarding the inclusion on their respective web platforms of copyright songs and music.
The statements from Paris based CISAC and BIEM, who represent performing and mechanical rights societies respectively, are not especially confrontational, and admit that they do not want to see large parts of their members' catalogues removed from the online operations. However, they do stress that both YouTube and MySpace need to conclusively reach agreement with the publishing rights societies regarding back payments on unlicensed music already distributed by the services, and on licences for moving forward. They also point out that MySpace and YouTube's pledge to remove copyright music at the request of its owner does not amount to compliance with existing copyright laws which, they argue, puts the onus on the media owner to ensure all music is licenced before allowing it to go live.
On that point, in a joint statement, CISAC and BIEM told reporters: "So far, the two sites have responded to copyright infringement by removing the works in question or by developing applications that can identify and expunge unauthorised works. Contrary to copyright laws, which firmly place responsibility on the user to secure permission before using a copyright work, this system places the onus on the copyright owner to inform the user about the infringement after the fact. Furthermore, removing works from these admittedly innovative services does not represent the best long-term solution for both rights holders and the services. BIEM and CISAC therefore favour licence agreements that recognise the copyright owner's right to adequate remuneration for the use of his works on these sites".
Commenting further, CISAC Director General Eric Baptiste told reporters: "While we welcome the success of YouTube and MySpace, we must emphasise that users of copyright works need to first secure a licence. Right owners want the public to have legal access to their creative works, so they need an arrangement with users that allows them to maintain control over uses of their works and also be paid for it".
BIEM Secretary General Ronald Mooij added: "Online music distribution is a major challenge for the creative music industry. Both platforms are responsible for what is made available on the web by means of their services and therefore play a major role together with the music industry in the creation of a healthy internet that respects copyright. I am confident that MySpace and YouTube will see to their responsibility in terms of copyright by reaching a settlement that will allow them to exploit each and every one of the millions of works in copyright societies' repertoires in a lawful and regulated manner and, by doing this, contribute to the development of legitimate content distribution".