Latest news
The CRA welcomes the House of Commons Creators’ Remuneration Report which sets out key actions from Parliament to Government. The report recognises Creators’ Rights Alliance policy positions and marks a key historic win for members, who are quoted throughout. The report makes the following recommendations:
Address issues around contracts and working conditions by implementing the recommendations of the DCMS sponsored Good Work Review, using the CRA CREATOR campaign as a basis for fair working standards
The appointment of a Freelance Commissioner
The introduction of proper mechanisms for creators to enforce their consent and to receive fair compensation, for use of their work by AI developers
The introduction of a statutory private copying scheme, which at a minimum, safeguards reciprocal payments from abroad
The CRA will take the recommendations forward to the Government and will continue to make the case for implementation.
You can sign up to Fair Terms for Creators’ HERE.
CRA Fees and Rates Guide and Freelance Day Rate Calculator
We have now published new resources to assist creative freelancers set the right rates for the work that they do.
The Fees and Rates area includes useful links to information, advice, guidance, and collective agreements that are available from other creator led organisations as well as detailed guides to consider when creators are setting their own rates and fees.
The Freelance Day Rate Guide, previously known as the Freelance Ready Reckoner, was developed and produced by Andrew Bibby, a professional freelance financial journalist, in association with the National Union of Journalists (NUJ). Now in its eighth edition it will help those creators doing work that does not involve licensing their copyright and is not otherwise covered by a collective bargaining agreement, to calculate as accurately as possible the equivalent daily income rates for UK-based freelance work, comparable to employee staff salary levels within the range of £23,000-£60,000 per year.
This new version of the Guide has been produced in partnership with the Society of Authors (SoA) whose Katharine King has worked closely with Andrew Bibby to produce this 2023/2024 version.
You can access both guides below.
https://www.creatorsrightsalliance.org/resources-for-calculating-rates-and-fees
https://www.creatorsrightsalliance.org/freelance-day-rate-guide-2023
Music Metadata
A digital tool for music creators to demystify music metadata produced as a collaboration between the Intellectual Property Office; PRS for Music; The IVORS Academy, the Music Publishers Association, this guide helps to navigate codes within the music industry including ISRC; ISWC; CAE and IPI.
Creative Industries Council (CIC) Creative Climate Charter
The Charter outlines how the sector can use its “collective imagination, economic influence and leadership” to reduce its environmental impact and find “practical and scalable” solutions to tackling the climate crisis.
The Charter was developed in collaboration with members of a CIC working group co-chaired by Minnie Moll, Chief Executive of the Design Council, and Alison Tickell, Chief Executive of Julie's Bicycle which the CRA is also a member.
You can read the Charter here.
British Equity Collecting Society (BECS) joins CRA
We are very pleased to announce that the British Equity Collecting Society (BECS) has joined the CRA as an associate member.
“BECS has joined the CRA to work with more like-minded organisations that have the interests of their creative members at heart. With the CRA’s active engagement with government, BECS believes our voice will be amplified and our lobbying more effective in influencing policy decisions. We look forward to a successful partnership.” BECS CEO, Tayyiba Nasser
Association of Illustrators at 50
To celebrate its 50th anniversary CRA member the AOI has chosen five areas which have been major achievements for the organisation since its beginnings as a small organisation run solely by volunteers.
Read more about them here
Happy Birthday!
CRA Welcomes Four New Members
We are pleased to welcome the Royal Society of Literature (RSL), Music Managers Forum (MMF), Featured Artists Coalition (FAC) and the Association of British Science Writers (ABSW) as new members of the CRA. Our coalition of member organisations now stands at 22, who between them represent over 500,000 creators– from authors, artists, photographers, illustrators, translators, performers, musicians and journalists.
CRA Gives Evidence at the CMS Committee on Creator Remuneration
CRA Chair Nicola Solomon was one of the witnesses at the CMS (Culture Media and Sport) Committee session on Creator Remuneration that took place on Tuesday 19 September 2023. Nicola spoke of the challenges for creators who want to make a living from their work in a very challenging industry and the obstacles they face when it comes to fair pay or simply being recognised for their huge contribution to the sector.
Also discussed was Fair Terms for Creators: CREATOR, our solution to bad practices in contractual terms and ways creators can be protected both now and in the future.
Other panelists included CRA members DACS, ALCS, Directors UK and our colleagues at BECS.
You can watch the session in full here.
Picture Industry Collecting Society for Effective Licensing - PICSEL joins the CRA
We are pleased to announce that PICSEL have joined the CRA as an Associate Member
“PICSEL is delighted to join Creators’ Rights Alliance, at a time when individual creators need a strong champion of their rights, whilst powerful players work to weaken them. Unreasonable publisher contracts, unchecked AI developers and a threat to the most robust copyright system there is, could all profoundly alter the landscape for creators, now and in the future. The recent success of a united approach by the creative sector in opposing Government proposals over TDM and scraping, shows that alliances like CRA can benefit creators in a tangible way, and PICSEL are proud to be part of this organisation.” Paul Seheult, CEO
IPEC Small Claims Track London moves to Manchester from 3 July
Following the CRA and BCC joint letter to the Intellectual Property Office and the Ministry of Justice outlining our concerns following the announcement that the Small Claims Track (SCT) of the Intellectual Property Enterprise Court (IPEC) in London is to move to Manchester as of 3rd July, we met with the IPEC User Committee, chaired by HH Judge Richard Hacon of the Intellectual Property Enterprise Court along with fellow presiding judges. You can read their responses in full below.
Overall, it seems that there is not a huge change to the current system, and it is hoped that the move will enable administration to be much more efficient. We would advise anyone planning to use the system for the first time to contact their professional organisation or union for assistance, and CRA member organisations to contact the CRA directly.
You can read the FAQs based on the responses to the CRA/BCC letter here.
The current IPEC Guide is here.
CRA joins the Alliance for IP in calling on the Government to uphold the UK copyright exhaustion regime to defend UK creators and creative businesses.
The CRA is one of a number of industry co-signatories calling for an urgent meeting with the Government to discuss recent media coverage regarding its decision in relation to the UK’s future exhaustion of intellectual property rights regime.
It states that any decision on the UK’s future exhaustion regime will be among the most important taken in relation to Intellectual Property policy during this Parliament. Its impact will affect businesses, consumers, and regulatory authorities across the UK; affecting export-driven UK sectors, as it underpins their ability to determine when, how and what goods to sell in international markets and at what price.
You can read the letter in full here.
A great explanation of exhaustion from the Society of Authors here.
Creative Industries Sector Vision
The Government has published its Creative Industries Sector Vision. Developed with industry via the Creative Industries Council, which the CRA is a member, the Vision sets out ambitions for growth of the creative industries by £50 billion by 2030, as well as creating one million extra jobs.
Government’s plan to grow the creative industries by £50bn and support a million more jobs by 2030, with £77m of new funding for the sector announced
Advanced screen and performance technology research labs to be based in Yorkshire, Dundee, Belfast and Buckinghamshire
£50m to support more regional creative clusters, plus extra cash for music venues, video games studios, London Fashion Week and the next generation of British music talent
Plans to build a pipeline of skills and talent through new creative careers promise
You can read the Sector Vision here.
Creative Industries Sector Vision
The Government has published its Creative Industries Sector Vision which was developed with industry via the Creative Industries Council. The CRA has recently been invited to join the CIC and although the Vision was mostly in place by the time we joined we were able to push for and obtain more references to freelancers and the acknowledgment of their importance within the strategy.
The Rt Hon Lucy Frazer KC MP, Secretary of State for Culture, Media and Sport, has written thanking the CRA for our input in developing the Sector Vision.
Nevertheless we do remain disappointed at the focus on “industry” rather than specific strategies and initiatives which will assist individual creators and deal with the shocking disparities of bargaining position and rights as called for in our CREATOR strategy.
We are pleased that the work of musician is a focus of the Vision, but there was a disappointing lack of references to creators and performers in general in the document. The importance of writers, visual artists, journalists, translators, performers, as well as musicians is immeasurable, without them there would be no creative industries in need of a strategy.
We have put forward CRA reps to be members of the CIC working groups so will be deeply involved in all the forthcoming roundtables where meat will be put on the bones of the Vision. We will continue champion all creators in their varieties to ensure that there is a truly holistic and pan sector approach.
Creators’ Rights Alliance and British Copyright Council voice concern over IPEC move from London to Manchester.
The CRA and BCC have written to the Intellectual Property Office and the Ministry of Justice outlining their concerns regarding the transfer of cases filed in the Small Claims Track (SCT) of the Intellectual Property Enterprise Court (IPEC) in London to Manchester as of 3rd July 2023. We have called for an urgent meeting to learn more about the details of the move and proposals.
You can read the letter here.
The Practice Note sent on 7 June in relation to plans for the IPEC SCT can be read here.
CRA Artificial Intelligence and Creative Work
The CRA has published its response to the Government’s white paper on AI and machine learning.
There is an urgent need to ensure that the growth of AI complements and does not damage the value of our world-leading creative industries. We have worked with our 15 member organisations - the leading creator-led groups, trade associations and unions who between them represent over 350,000 authors, artists, filmmakers, photographers and illustrators, translators, performers, musicians, and journalists - to produce the response. This and our recommendations have been framed around the Government’s five key principal headings of safety; security and robustness; transparency and explainability; fairness; accountability and governance; and contestability and redress.
You can read the response in full here.
Association of Authors’ Agents joins the CRA
We are extremely pleased to announce that the Association of Authors' Agents (AAA) has joined the CRA as an associate member.
The Association of Authors’ Agents is a voluntary trade association comprising literary agencies of all sizes and agents from all walks of life. The AAA is a forum representing the best interests of agents and their authors and is led by a committee of volunteers elected by members for two or three-year tenures on a rolling basis.
CRA joins Human Artistry Campaign
The Human Artistry Campaign which was launched to advocate that artificial intelligence technologies are developed and used in ways that support human culture and artistry – and not ways that replace or erode it. With more than 50 members including major unions, trade associations, and policy experts representing individual creators and rightsholders from across the entire tapestry of creative endeavor, the Human Artistry Campaign is positioned to be a leading voice in the rapidly unfolding debate over the costs and benefits of different forms of AI.
Visit HumanArtistryCampaign.com to join the campaign.
Royal Photographic Society Joins the CRA
We are extremely pleased to announce that the Royal Photographic Society (RPS) has joined the CRA as a full member.
Based in Bristol, the RPS is one of the world’s oldest photographic societies. It was founded in 1853 to promote the art and science of photography and it has had a long history supporting photographers’ rights and matters around IP back to the nineteenth century. Today, its mission is to bring inspiration, creativity, and connection through photography to people of all ages and backgrounds.
The RPS’s membership of around 10,000 individuals includes professionals and amateur photographers alongside those working with photography.
If you would like to join the CRA please visit our membership page here.
Event for Creators: Artificial Intelligence and Creative Work
To mark the publication of the CRA response to the Government’s white paper on AI and machine learning Artificial Intelligence and Creative Work, we are holding a special event for creators on Tuesday 23 May at 15.00hrs (3pm).
Many creators will be concerned about A.I., some may already be producing work using it, some may even be developing similar technology. This event will be led by creators, and will be an opportunity for them to discuss their concerns, views, and experiences.
To answer any questions we have Nick Dunmur, Business & Legal Advisor at the AOP; Derek Brazell, Publishing and Membership Manager, AOI; and Paul Mortimer, Public Affairs and Campaigns Coordinator, Ivors Academy on hand.
Do get in touch via the email below to let us know if you would like to attend and if you have any questions you’d like to set in advance.
Email.
Creative Industries PEC: State of Creativity
On Thursday 18 April the CRA attended the Creative Industries PEC conference at the BFI Southbank to mark the publication of their State of the Creativity report. Speakers included Sir Peter Bazalgette, CIC; Hasan Bakhshi, CPEC; Robert Specterman-Green, Director, Media & Creative Industries; DCMS, Alison Tickell, Julie’s Bicycle; Rehana Mughal, British Council; Caroline Norbury, Creative UK; and Harman Sagger, head economist for arts, heritage and tourism, DCMS.
Both the event and the accompanying report provide much food for thought on the current state of the industry and how it might move forward.
There were many good discussions, and many of the recommendations put forward are to be welcomed, but the lack of any actual focus on the needs of our freelance creators was very telling. Without a focused and wide-reaching discussion on how we can practically support creators, we are not addressing any of the true barriers to access and growth. We will be writing to the CPEC to remind them that there needs to be more opportunities for lifetime learning, professional advice support, equal access to R&D, grants, a better benefits regime that understands how we work, commissioner contributions to creator pensions, Intellectual Property rights protection, an end to forced buyouts, better pay rates and more.
UK Government publishes white paper: AI regulation: a pro-innovation approach
The paper details its plans for implementing a pro-innovation approach to AI regulation. The approach has five key principles: safety; security and robustness; transparency and explainability; fairness; accountability and governance; and contestability and redress.
They are also seeking views through a supporting consultation which is open until 21 April.
You can read the AI white paper here:
CRA joins the Creative Industries Council (CIC)
Set up to be a voice for creative industries, the Council which is co-chaired by The Rt Hon Lucy Frazer KC MP, Secretary of State for Culture, Media and Sport, is made up of leading figureheads drawn from across the creative and digital industries including TV, video games, fashion, music, arts, publishing, and film. Its focus is addressing the challenges and opportunities facing the UK’s creative industries to help drive forward progress on key areas of growth for the sector, including access to finance, skills, export markets, innovation and intellectual property (IP).
“We are thrilled that the CIC has taken on an organisation that speaks solely for creators and their interests - not just for industry. We are excited about the Sector Vision and are keen to work with our colleagues across government and industry to make the needs of creators, (often freelancers and SME’s) heard, including protection of their rights, a better tax regime, creative education and empowerment and protection of IP as well as lifelong access to skills and business training.” Nicola Solomon, CRA Chair
Read the full press release here.
The Government’s proposed broadening of the text & data mining exception to copyright put on hold
Following detailed input from the CRA, our members, other creative organisations and creators across the sector a Parliamentary debate took place on Wednesday 1st February 2023. During the debate MPs urged the Government to halt plans for the text and data mining exception, asking instead that the IPO consult with all sides, including creators.
The Minister for Science, Research and Innovation, George Freeman MP, said that the Intellectual Property Office (IPO) and the Government would not be proceeding with the current proposals, seeking instead to reopen consultations with the sector.
This is good news, for now, but as usual the CRA will keep monitoring developments.
You can read more about the Westminster Hall debate here.
At risk: our creative future
This House of Lords Communications and Digital Committee report calls for the Government and the Intellectual Property Office to reconsider and refocus their efforts to support and grow our sector. It also calls for the Intellectual Property Office to pause its proposed changes to the text and data mining regime immediately.
You can read the report in full here.
Channel 4 to remain in public ownership.
The government has announced that Channel 4 is to remain publicly owned with new reforms to "‘boost its sustainability and commercial freedom’. A huge thanks to all CRA members, especially Equity and WGGB. Proof that lobbying does work.
WGGB launches access rider for disabled writers
Disabled writers are seriously under-represented in the creative industries, and in UK broadcasting alone make up only 5.4% of contributions, according to data this year from Project Diamond.
To reduce access barriers for freelance writers in broadcasting, film, theatre, publishing and the videogames industry, WGGB today launches a Writers’ Access Rider.
Authors’ earnings surveys funded by ALCS, shows a profession struggling to sustain itself.
This latest research into authors’ earnings, conducted by the CREATe Centre at the University of Glasgow, tells an alarming story of a profession nearing a tipping point.
You can read more here.
WGGB cost-of-living survey finds UK faces “serious loss of writing talent”
55% of writers surveyed by the WGGB said that rising energy and food costs throughout 2022 were impacting on their ability to sustain a writing career.
Writers across TV, film, theatre, audio, books and videogames reported feeling worried about how cost-of-living increases would affect the creative industries, with many fearing that shrinking demand amongst audiences and consumers would force some organisations to close.
You can read more detail here.
ISM Touring in Europe Brexit survey
This will be the first ISM Brexit survey since the lifting of COVID-19 restrictions, which means that it is the first to capture information about the realities of touring after Brexit from musicians on the ground. The survey is entirely anonymous and should take no longer than 10 minutes to complete.
You can complete the survey here
A How To Guide: IPEC Small Claims Track.
This special event will take place via Zoom on Wednesday 19 October at 5pm. It will look in detail at how to decide if the Intellectual Property Enterprise Court (IPEC) Small Claims Track is suitable for your claim, the process of making a claim, how it will proceed and what procedures might apply.
The IPEC is designed to help individuals and SMEs to get access to justice in a more affordable way. It deals with IP disputes including registered trademarks, designs, patents and importantly for us, copyright. It can be used by illustrators, writers, musicians, photographers and other rights holders for less complex intellectual copyright cases, including infringements of artwork.
Cases are heard by District Judges or by Deputy District Judges and are for claims less than £10,000. They have simpler procedures by which the most straightforward intellectual property claims with a low financial value can be decided, without the need for parties to be legally represented; substantial pre-hearing preparation; and without the parties putting themselves at risk of anything but very limited costs.
This session will be hosted by Nicola Solomon, CEO of the Society of Authors and CRA Chair who is also a small claims track judge. She will be joined by District Judge Charlotte Hart, IPEC (Small Claims Track), Royal Courts of Justice and Antony Craggs, Partner, Intellectual Property, Lewis Silkin LLP.
If you would like to attend please contact contact@creatorsrightsalliance.org.
Event: CRA Mental Wellbeing Forum
This CRA member meeting will explore mental wellbeing from the perspective of you, your teams, and your members. It will be an opportunity to share your work, experiences, and best practice in this important area and hopefully make some new contacts. It is targeted at CEO/senior level, so we can find out more about what you are doing. We will take your lead and hope it will lead to more detailed and focused events on specific subjects in the future, should you wish.
Our panel will include Chris Walters, Head of Education, Health & Wellbeing, Musicians’ Union and Natasha Hirst, Vice-President, NUJ and will be hosted by Michael Sweeney, Recording & Broadcasting Official at the MU and CRA Treasurer.
The event will take place at 11am, Thursday 27 October 2022, via Zoom. If you are interested in taking part or have items that you would like discussed, please contact contact@creatorsrightsalliance.org.
Self Publishing Guide
Produced by the WGGB Self-publishing: A step-by-step guide for authors features advice on:
Choosing whether to manage the self-publishing process yourself, or hiring a company to do it for you – including the difference between reputable companies offering self-publishing packages and predatory hybrid/vanity publishers which should be avoided
If you need an agent – and how to get one
Editing and proofreading, design and formatting, indexing and illustrations, including hiring professionals
Printing versus e-books (plus a guide to the process and costs)
Marketing your book, including hiring a PR professional
Useful resources
Handy top tips
You can download the guide here.
Proposed Text and Data Mining exception
CRA member Association of Photographers explains why photographers and image-makers should be concerned about the newly proposed Text and Data Mining exception?
“- Up to this point, the UK’s copyright framework has arguably been amongst the most innovation-friendly and world-leading pieces of legislation protecting creators, with careful consideration for the significant and widespread creation of and investment in creative works, leading to an industry worth over 6% to the UK economy.”
Freelance Isn’t Free: New York
In 2016 New York City introduced the Freelance Isn't Free Act, designed to enhance the rights of freelance workers in New York such as journalists and authors. Now a similar law has been proposed for New York state.
In February, Democratic New York state senator Andrew Gounardes and assembly member Harry Bronson introduced a new bill intended to “protect contract and freelance workers from wage theft by ensuring all freelancers receive appropriate contracts for their work, are paid in a timely manner, and have state support to recoup unpaid wages.”
Doesn’t that just sound so refreshing and not rocket science? You can read more about this exciting plan here and here.
You may know that the Creators' Rights Alliance, in conjunction with other creator led organisations, has been calling for a similar law here in the UK. Fair Terms For Creators covers seven areas of contract terms where all creators need protection when they sign a contract. These seven areas form the acronym CREATOR. They are all already in use elsewhere in the world, or mirror existing consumer protection rights. For information on how you can support the campaign and get involved, click here.
#FairTermsForCreators #PayTheCreator #CRA #CREATOR
#ComposersAgainstBuyouts
Organised by the MU & The Ivors Academy the campaign highlights that:
35% of media composers have taken buyouts or work for hire deals
41% had to give away more of their mechanical rights than they wanted to
64% believe the commissioning environment is coercive
You can find out more about the campaign and the Fair Commissioning Manifesto here:
https://ivorsacademy.com/campaign/composers-against-buyouts/
https://musiciansunion.org.uk/campaigns/composers-against-buyouts
Stop AI Stealing the Show
Equity has launched a new campaign: Stop AI Stealing the Show
Its goal is to strengthen performers’ rights in response to the rapid development of artificial intelligence (AI) across the entertainment industry and the troubling findings from a recent Equity survey.
Equity is calling on the government to reform the Copyright, Designs and Patents Act 1988 to protect performers against AI-made performance synthetisation and ensure that strengthening rights for creatives is a key component of the National AI Strategy.
Equity would welcome your support and have created a template Twitter post.
Is it a Steal? Paid-For Publishing Report
The Society of Authors and the Writers’ Guild of Great Britain have published a joint report exposing widespread bad practice among companies that charge writers for publication, and are calling for a reform of the ‘hybrid’ / paid-for publishing sector.
The report is the first full-scale assessment of the relationship between writers and companies who refer to themselves as ‘hybrid’, ‘partnership’ or ‘contributory’ publishers (among other terms) but have much in common with what have historically been described as ‘vanity’ publishers. It details aggressive marketing tactics, manipulative sales approaches, unclear contracts, and publishing processes and services that fall far short of expectations and value. The report also includes the findings of a survey which found that 94% of writers who had paid to have their book published lost money, typically in the thousands, paying an average of £2,000 with median royalties coming in at a mere £68.
You can find out more here:
Are you impacted by the DWP’s new requirement that UC claimants need to search more widely for available jobs from the fourth week of their claim?
On 27 January 2022 the Department of Work and Pensions (DWP) announced that, as part of a drive to get half a million people into work by the end of June 2022 (which the government calls the ‘Way to Work’ Campaign), claimants who have agreed to work search commitments in order to receive Universal Credit (UC) will be required to search more widely for available jobs from the fourth week of their claim (rather than after the current three months) – or risk being sanctioned if they don’t. Benefit sanctions can see UC claimants have their payments reduced or stopped for a period of time. This can cause real financial difficulties for many UC claimants and their families, who may rely on UC temporarily between contracts or commissions.
On 7 February 2022, the DWP made regulations formally reducing the time period in which Claimants could limit their search and availability for work from three months to four weeks. The changes came into force on 8 February 2022.
We think this rule change may impact some of our members and others in the creative industries, who rely on UC in between commissions or freelance contracts. Questions about the impact that this rule change will have on performing arts practitioners have already been raised in Parliament, but the DWP’s position has been that individuals in the creative industries who are temporarily out of work should have to find any suitable job that pays the national minimum wage, and that they can use this income to support themselves “while they pursue any longer-term career options”.
We are concerned that this change will force our members to accept inappropriate work or risk being sanctioned, at the expense of them having time to find work that is more appropriate to their skillset and aligned to their chosen career.
We are concerned that the regulations have been implemented without consulting the Social Security Advisory Committee (SSAC). The SSAC is an advisory body that usually the DWP is usually obliged to consult on welfare benefit changes. In this case, however, the DWP has said it does not need to consult the SSAC because the change is too urgent for consultation, but it has not explained why it is so urgent, beyond saying there is an aim to get more people into work by the end of June.
The House of Lords Secondary Legislation Scrutiny Committee and the SSAC have questioned whether this change is really urgent, and we think DWP may not have followed proper procedures by failing to consult the SSAC.
If you are someone who is currently being asked by DWP to find work in any field within 4 weeks of making a UC claim, have previously benefited from the ability to limit your job search for 3 months while claiming UC, and think the new 4 week rule would cause you problems if you had to rely on UC again in the future, or have any other concerns about the rule change, please get in touch with your relevant organisation. CRA member organisations want to know how many of their members might be impacted by the new rule now or in the future.
CRA Fees and Rates Guide and Freelance Day Rate Calculator
We have now published new resources to assist creative freelancers set the right rates for the work that they do.
The Fees and Rates area includes useful links to information, advice, guidance, and collective agreements that are available from other creator led organisations as well as detailed guides to consider when creators are setting their own rates and fees.
The Freelance Day Rate Guide, previously known as the Freelance Ready Reckoner, was developed and produced by Andrew Bibby, a professional freelance financial journalist, in association with the National Union of Journalists (NUJ). Now in its eighth edition it will help those creators doing work that does not involve licensing their copyright and is not otherwise covered by a collective bargaining agreement, to calculate as accurately as possible the equivalent daily income rates for UK-based freelance work, comparable to employee staff salary levels within the range of £23,000-£60,000 per year.
This new version of the Guide has been produced in partnership with the Society of Authors (SoA) whose Katharine King has worked closely with Andrew Bibby to produce this 2023/2024 version.
You can access both guides below.
https://www.creatorsrightsalliance.org/resources-for-calculating-rates-and-fees
https://www.creatorsrightsalliance.org/freelance-day-rate-guide-2023
Music Metadata
A digital tool for music creators to demystify music metadata produced as a collaboration between the Intellectual Property Office; PRS for Music; The IVORS Academy, the Music Publishers Association, this guide helps to navigate codes within the music industry including ISRC; ISWC; CAE and IPI.
Creative Industries Council (CIC) Creative Climate Charter
The Charter outlines how the sector can use its “collective imagination, economic influence and leadership” to reduce its environmental impact and find “practical and scalable” solutions to tackling the climate crisis.
The Charter was developed in collaboration with members of a CIC working group co-chaired by Minnie Moll, Chief Executive of the Design Council, and Alison Tickell, Chief Executive of Julie's Bicycle which the CRA is also a member.
You can read the Charter here.
British Equity Collecting Society (BECS) joins CRA
We are very pleased to announce that the British Equity Collecting Society (BECS) has joined the CRA as an associate member.
“BECS has joined the CRA to work with more like-minded organisations that have the interests of their creative members at heart. With the CRA’s active engagement with government, BECS believes our voice will be amplified and our lobbying more effective in influencing policy decisions. We look forward to a successful partnership.” BECS CEO, Tayyiba Nasser
Association of Illustrators at 50
To celebrate its 50th anniversary CRA member the AOI has chosen five areas which have been major achievements for the organisation since its beginnings as a small organisation run solely by volunteers.
Read more about them here
Happy Birthday!
CRA Welcomes Four New Members
We are pleased to welcome the Royal Society of Literature (RSL), Music Managers Forum (MMF), Featured Artists Coalition (FAC) and the Association of British Science Writers (ABSW) as new members of the CRA. Our coalition of member organisations now stands at 22, who between them represent over 500,000 creators– from authors, artists, photographers, illustrators, translators, performers, musicians and journalists.
CRA Gives Evidence at the CMS Committee on Creator Remuneration
CRA Chair Nicola Solomon was one of the witnesses at the CMS (Culture Media and Sport) Committee session on Creator Remuneration that took place on Tuesday 19 September 2023. Nicola spoke of the challenges for creators who want to make a living from their work in a very challenging industry and the obstacles they face when it comes to fair pay or simply being recognised for their huge contribution to the sector.
Also discussed was Fair Terms for Creators: CREATOR, our solution to bad practices in contractual terms and ways creators can be protected both now and in the future.
Other panelists included CRA members DACS, ALCS, Directors UK and our colleagues at BECS.
You can watch the session in full here.
Picture Industry Collecting Society for Effective Licensing - PICSEL joins the CRA
We are pleased to announce that PICSEL have joined the CRA as an Associate Member
“PICSEL is delighted to join Creators’ Rights Alliance, at a time when individual creators need a strong champion of their rights, whilst powerful players work to weaken them. Unreasonable publisher contracts, unchecked AI developers and a threat to the most robust copyright system there is, could all profoundly alter the landscape for creators, now and in the future. The recent success of a united approach by the creative sector in opposing Government proposals over TDM and scraping, shows that alliances like CRA can benefit creators in a tangible way, and PICSEL are proud to be part of this organisation.” Paul Seheult, CEO
IPEC Small Claims Track London moves to Manchester from 3 July
Following the CRA and BCC joint letter to the Intellectual Property Office and the Ministry of Justice outlining our concerns following the announcement that the Small Claims Track (SCT) of the Intellectual Property Enterprise Court (IPEC) in London is to move to Manchester as of 3rd July, we met with the IPEC User Committee, chaired by HH Judge Richard Hacon of the Intellectual Property Enterprise Court along with fellow presiding judges. You can read their responses in full below.
Overall, it seems that there is not a huge change to the current system, and it is hoped that the move will enable administration to be much more efficient. We would advise anyone planning to use the system for the first time to contact their professional organisation or union for assistance, and CRA member organisations to contact the CRA directly.
You can read the FAQs based on the responses to the CRA/BCC letter here.
The current IPEC Guide is here.
CRA joins the Alliance for IP in calling on the Government to uphold the UK copyright exhaustion regime to defend UK creators and creative businesses.
The CRA is one of a number of industry co-signatories calling for an urgent meeting with the Government to discuss recent media coverage regarding its decision in relation to the UK’s future exhaustion of intellectual property rights regime.
It states that any decision on the UK’s future exhaustion regime will be among the most important taken in relation to Intellectual Property policy during this Parliament. Its impact will affect businesses, consumers, and regulatory authorities across the UK; affecting export-driven UK sectors, as it underpins their ability to determine when, how and what goods to sell in international markets and at what price.
You can read the letter in full here.
A great explanation of exhaustion from the Society of Authors here.
Creative Industries Sector Vision
The Government has published its Creative Industries Sector Vision. Developed with industry via the Creative Industries Council, which the CRA is a member, the Vision sets out ambitions for growth of the creative industries by £50 billion by 2030, as well as creating one million extra jobs.
Government’s plan to grow the creative industries by £50bn and support a million more jobs by 2030, with £77m of new funding for the sector announced
Advanced screen and performance technology research labs to be based in Yorkshire, Dundee, Belfast and Buckinghamshire
£50m to support more regional creative clusters, plus extra cash for music venues, video games studios, London Fashion Week and the next generation of British music talent
Plans to build a pipeline of skills and talent through new creative careers promise
You can read the Sector Vision here.
Creative Industries Sector Vision
The Government has published its Creative Industries Sector Vision which was developed with industry via the Creative Industries Council. The CRA has recently been invited to join the CIC and although the Vision was mostly in place by the time we joined we were able to push for and obtain more references to freelancers and the acknowledgment of their importance within the strategy.
The Rt Hon Lucy Frazer KC MP, Secretary of State for Culture, Media and Sport, has written thanking the CRA for our input in developing the Sector Vision.
Nevertheless we do remain disappointed at the focus on “industry” rather than specific strategies and initiatives which will assist individual creators and deal with the shocking disparities of bargaining position and rights as called for in our CREATOR strategy.
We are pleased that the work of musician is a focus of the Vision, but there was a disappointing lack of references to creators and performers in general in the document. The importance of writers, visual artists, journalists, translators, performers, as well as musicians is immeasurable, without them there would be no creative industries in need of a strategy.
We have put forward CRA reps to be members of the CIC working groups so will be deeply involved in all the forthcoming roundtables where meat will be put on the bones of the Vision. We will continue champion all creators in their varieties to ensure that there is a truly holistic and pan sector approach.
Creators’ Rights Alliance and British Copyright Council voice concern over IPEC move from London to Manchester.
The CRA and BCC have written to the Intellectual Property Office and the Ministry of Justice outlining their concerns regarding the transfer of cases filed in the Small Claims Track (SCT) of the Intellectual Property Enterprise Court (IPEC) in London to Manchester as of 3rd July 2023. We have called for an urgent meeting to learn more about the details of the move and proposals.
You can read the letter here.
The Practice Note sent on 7 June in relation to plans for the IPEC SCT can be read here.
CRA Artificial Intelligence and Creative Work
The CRA has published its response to the Government’s white paper on AI and machine learning.
There is an urgent need to ensure that the growth of AI complements and does not damage the value of our world-leading creative industries. We have worked with our 15 member organisations - the leading creator-led groups, trade associations and unions who between them represent over 350,000 authors, artists, filmmakers, photographers and illustrators, translators, performers, musicians, and journalists - to produce the response. This and our recommendations have been framed around the Government’s five key principal headings of safety; security and robustness; transparency and explainability; fairness; accountability and governance; and contestability and redress.
You can read the response in full here.
Association of Authors’ Agents joins the CRA
We are extremely pleased to announce that the Association of Authors' Agents (AAA) has joined the CRA as an associate member.
The Association of Authors’ Agents is a voluntary trade association comprising literary agencies of all sizes and agents from all walks of life. The AAA is a forum representing the best interests of agents and their authors and is led by a committee of volunteers elected by members for two or three-year tenures on a rolling basis.
CRA joins Human Artistry Campaign
The Human Artistry Campaign which was launched to advocate that artificial intelligence technologies are developed and used in ways that support human culture and artistry – and not ways that replace or erode it. With more than 50 members including major unions, trade associations, and policy experts representing individual creators and rightsholders from across the entire tapestry of creative endeavor, the Human Artistry Campaign is positioned to be a leading voice in the rapidly unfolding debate over the costs and benefits of different forms of AI.
Visit HumanArtistryCampaign.com to join the campaign.
Royal Photographic Society Joins the CRA
We are extremely pleased to announce that the Royal Photographic Society (RPS) has joined the CRA as a full member.
Based in Bristol, the RPS is one of the world’s oldest photographic societies. It was founded in 1853 to promote the art and science of photography and it has had a long history supporting photographers’ rights and matters around IP back to the nineteenth century. Today, its mission is to bring inspiration, creativity, and connection through photography to people of all ages and backgrounds.
The RPS’s membership of around 10,000 individuals includes professionals and amateur photographers alongside those working with photography.
If you would like to join the CRA please visit our membership page here.
Event for Creators: Artificial Intelligence and Creative Work
To mark the publication of the CRA response to the Government’s white paper on AI and machine learning Artificial Intelligence and Creative Work, we are holding a special event for creators on Tuesday 23 May at 15.00hrs (3pm).
Many creators will be concerned about A.I., some may already be producing work using it, some may even be developing similar technology. This event will be led by creators, and will be an opportunity for them to discuss their concerns, views, and experiences.
To answer any questions we have Nick Dunmur, Business & Legal Advisor at the AOP; Derek Brazell, Publishing and Membership Manager, AOI; and Paul Mortimer, Public Affairs and Campaigns Coordinator, Ivors Academy on hand.
Do get in touch via the email below to let us know if you would like to attend and if you have any questions you’d like to set in advance.
Email.
Creative Industries PEC: State of Creativity
On Thursday 18 April the CRA attended the Creative Industries PEC conference at the BFI Southbank to mark the publication of their State of the Creativity report. Speakers included Sir Peter Bazalgette, CIC; Hasan Bakhshi, CPEC; Robert Specterman-Green, Director, Media & Creative Industries; DCMS, Alison Tickell, Julie’s Bicycle; Rehana Mughal, British Council; Caroline Norbury, Creative UK; and Harman Sagger, head economist for arts, heritage and tourism, DCMS.
Both the event and the accompanying report provide much food for thought on the current state of the industry and how it might move forward.
There were many good discussions, and many of the recommendations put forward are to be welcomed, but the lack of any actual focus on the needs of our freelance creators was very telling. Without a focused and wide-reaching discussion on how we can practically support creators, we are not addressing any of the true barriers to access and growth. We will be writing to the CPEC to remind them that there needs to be more opportunities for lifetime learning, professional advice support, equal access to R&D, grants, a better benefits regime that understands how we work, commissioner contributions to creator pensions, Intellectual Property rights protection, an end to forced buyouts, better pay rates and more.
UK Government publishes white paper: AI regulation: a pro-innovation approach
The paper details its plans for implementing a pro-innovation approach to AI regulation. The approach has five key principles: safety; security and robustness; transparency and explainability; fairness; accountability and governance; and contestability and redress.
They are also seeking views through a supporting consultation which is open until 21 April.
You can read the AI white paper here:
CRA joins the Creative Industries Council (CIC)
Set up to be a voice for creative industries, the Council which is co-chaired by The Rt Hon Lucy Frazer KC MP, Secretary of State for Culture, Media and Sport, is made up of leading figureheads drawn from across the creative and digital industries including TV, video games, fashion, music, arts, publishing, and film. Its focus is addressing the challenges and opportunities facing the UK’s creative industries to help drive forward progress on key areas of growth for the sector, including access to finance, skills, export markets, innovation and intellectual property (IP).
“We are thrilled that the CIC has taken on an organisation that speaks solely for creators and their interests - not just for industry. We are excited about the Sector Vision and are keen to work with our colleagues across government and industry to make the needs of creators, (often freelancers and SME’s) heard, including protection of their rights, a better tax regime, creative education and empowerment and protection of IP as well as lifelong access to skills and business training.” Nicola Solomon, CRA Chair
Read the full press release here.
The Government’s proposed broadening of the text & data mining exception to copyright put on hold
Following detailed input from the CRA, our members, other creative organisations and creators across the sector a Parliamentary debate took place on Wednesday 1st February 2023. During the debate MPs urged the Government to halt plans for the text and data mining exception, asking instead that the IPO consult with all sides, including creators.
The Minister for Science, Research and Innovation, George Freeman MP, said that the Intellectual Property Office (IPO) and the Government would not be proceeding with the current proposals, seeking instead to reopen consultations with the sector.
This is good news, for now, but as usual the CRA will keep monitoring developments.
You can read more about the Westminster Hall debate here.
At risk: our creative future
This House of Lords Communications and Digital Committee report calls for the Government and the Intellectual Property Office to reconsider and refocus their efforts to support and grow our sector. It also calls for the Intellectual Property Office to pause its proposed changes to the text and data mining regime immediately.
You can read the report in full here.
Channel 4 to remain in public ownership.
The government has announced that Channel 4 is to remain publicly owned with new reforms to "‘boost its sustainability and commercial freedom’. A huge thanks to all CRA members, especially Equity and WGGB. Proof that lobbying does work.
WGGB launches access rider for disabled writers
Disabled writers are seriously under-represented in the creative industries, and in UK broadcasting alone make up only 5.4% of contributions, according to data this year from Project Diamond.
To reduce access barriers for freelance writers in broadcasting, film, theatre, publishing and the videogames industry, WGGB today launches a Writers’ Access Rider.
Authors’ earnings surveys funded by ALCS, shows a profession struggling to sustain itself.
This latest research into authors’ earnings, conducted by the CREATe Centre at the University of Glasgow, tells an alarming story of a profession nearing a tipping point.
You can read more here.
WGGB cost-of-living survey finds UK faces “serious loss of writing talent”
55% of writers surveyed by the WGGB said that rising energy and food costs throughout 2022 were impacting on their ability to sustain a writing career.
Writers across TV, film, theatre, audio, books and videogames reported feeling worried about how cost-of-living increases would affect the creative industries, with many fearing that shrinking demand amongst audiences and consumers would force some organisations to close.
You can read more detail here.
ISM Touring in Europe Brexit survey
This will be the first ISM Brexit survey since the lifting of COVID-19 restrictions, which means that it is the first to capture information about the realities of touring after Brexit from musicians on the ground. The survey is entirely anonymous and should take no longer than 10 minutes to complete.
You can complete the survey here
A How To Guide: IPEC Small Claims Track.
This special event will take place via Zoom on Wednesday 19 October at 5pm. It will look in detail at how to decide if the Intellectual Property Enterprise Court (IPEC) Small Claims Track is suitable for your claim, the process of making a claim, how it will proceed and what procedures might apply.
The IPEC is designed to help individuals and SMEs to get access to justice in a more affordable way. It deals with IP disputes including registered trademarks, designs, patents and importantly for us, copyright. It can be used by illustrators, writers, musicians, photographers and other rights holders for less complex intellectual copyright cases, including infringements of artwork.
Cases are heard by District Judges or by Deputy District Judges and are for claims less than £10,000. They have simpler procedures by which the most straightforward intellectual property claims with a low financial value can be decided, without the need for parties to be legally represented; substantial pre-hearing preparation; and without the parties putting themselves at risk of anything but very limited costs.
This session will be hosted by Nicola Solomon, CEO of the Society of Authors and CRA Chair who is also a small claims track judge. She will be joined by District Judge Charlotte Hart, IPEC (Small Claims Track), Royal Courts of Justice and Antony Craggs, Partner, Intellectual Property, Lewis Silkin LLP.
If you would like to attend please contact contact@creatorsrightsalliance.org.
Event: CRA Mental Wellbeing Forum
This CRA member meeting will explore mental wellbeing from the perspective of you, your teams, and your members. It will be an opportunity to share your work, experiences, and best practice in this important area and hopefully make some new contacts. It is targeted at CEO/senior level, so we can find out more about what you are doing. We will take your lead and hope it will lead to more detailed and focused events on specific subjects in the future, should you wish.
Our panel will include Chris Walters, Head of Education, Health & Wellbeing, Musicians’ Union and Natasha Hirst, Vice-President, NUJ and will be hosted by Michael Sweeney, Recording & Broadcasting Official at the MU and CRA Treasurer.
The event will take place at 11am, Thursday 27 October 2022, via Zoom. If you are interested in taking part or have items that you would like discussed, please contact contact@creatorsrightsalliance.org.
Self Publishing Guide
Produced by the WGGB Self-publishing: A step-by-step guide for authors features advice on:
Choosing whether to manage the self-publishing process yourself, or hiring a company to do it for you – including the difference between reputable companies offering self-publishing packages and predatory hybrid/vanity publishers which should be avoided
If you need an agent – and how to get one
Editing and proofreading, design and formatting, indexing and illustrations, including hiring professionals
Printing versus e-books (plus a guide to the process and costs)
Marketing your book, including hiring a PR professional
Useful resources
Handy top tips
You can download the guide here.
Proposed Text and Data Mining exception
CRA member Association of Photographers explains why photographers and image-makers should be concerned about the newly proposed Text and Data Mining exception?
“- Up to this point, the UK’s copyright framework has arguably been amongst the most innovation-friendly and world-leading pieces of legislation protecting creators, with careful consideration for the significant and widespread creation of and investment in creative works, leading to an industry worth over 6% to the UK economy.”
Freelance Isn’t Free: New York
In 2016 New York City introduced the Freelance Isn't Free Act, designed to enhance the rights of freelance workers in New York such as journalists and authors. Now a similar law has been proposed for New York state.
In February, Democratic New York state senator Andrew Gounardes and assembly member Harry Bronson introduced a new bill intended to “protect contract and freelance workers from wage theft by ensuring all freelancers receive appropriate contracts for their work, are paid in a timely manner, and have state support to recoup unpaid wages.”
Doesn’t that just sound so refreshing and not rocket science? You can read more about this exciting plan here and here.
You may know that the Creators' Rights Alliance, in conjunction with other creator led organisations, has been calling for a similar law here in the UK. Fair Terms For Creators covers seven areas of contract terms where all creators need protection when they sign a contract. These seven areas form the acronym CREATOR. They are all already in use elsewhere in the world, or mirror existing consumer protection rights. For information on how you can support the campaign and get involved, click here.
#FairTermsForCreators #PayTheCreator #CRA #CREATOR
#ComposersAgainstBuyouts
Organised by the MU & The Ivors Academy the campaign highlights that:
35% of media composers have taken buyouts or work for hire deals
41% had to give away more of their mechanical rights than they wanted to
64% believe the commissioning environment is coercive
You can find out more about the campaign and the Fair Commissioning Manifesto here:
https://ivorsacademy.com/campaign/composers-against-buyouts/
https://musiciansunion.org.uk/campaigns/composers-against-buyouts
Stop AI Stealing the Show
Equity has launched a new campaign: Stop AI Stealing the Show
Its goal is to strengthen performers’ rights in response to the rapid development of artificial intelligence (AI) across the entertainment industry and the troubling findings from a recent Equity survey.
Equity is calling on the government to reform the Copyright, Designs and Patents Act 1988 to protect performers against AI-made performance synthetisation and ensure that strengthening rights for creatives is a key component of the National AI Strategy.
Equity would welcome your support and have created a template Twitter post.
Is it a Steal? Paid-For Publishing Report
The Society of Authors and the Writers’ Guild of Great Britain have published a joint report exposing widespread bad practice among companies that charge writers for publication, and are calling for a reform of the ‘hybrid’ / paid-for publishing sector.
The report is the first full-scale assessment of the relationship between writers and companies who refer to themselves as ‘hybrid’, ‘partnership’ or ‘contributory’ publishers (among other terms) but have much in common with what have historically been described as ‘vanity’ publishers. It details aggressive marketing tactics, manipulative sales approaches, unclear contracts, and publishing processes and services that fall far short of expectations and value. The report also includes the findings of a survey which found that 94% of writers who had paid to have their book published lost money, typically in the thousands, paying an average of £2,000 with median royalties coming in at a mere £68.
You can find out more here:
Are you impacted by the DWP’s new requirement that UC claimants need to search more widely for available jobs from the fourth week of their claim?
On 27 January 2022 the Department of Work and Pensions (DWP) announced that, as part of a drive to get half a million people into work by the end of June 2022 (which the government calls the ‘Way to Work’ Campaign), claimants who have agreed to work search commitments in order to receive Universal Credit (UC) will be required to search more widely for available jobs from the fourth week of their claim (rather than after the current three months) – or risk being sanctioned if they don’t. Benefit sanctions can see UC claimants have their payments reduced or stopped for a period of time. This can cause real financial difficulties for many UC claimants and their families, who may rely on UC temporarily between contracts or commissions.
On 7 February 2022, the DWP made regulations formally reducing the time period in which Claimants could limit their search and availability for work from three months to four weeks. The changes came into force on 8 February 2022.
We think this rule change may impact some of our members and others in the creative industries, who rely on UC in between commissions or freelance contracts. Questions about the impact that this rule change will have on performing arts practitioners have already been raised in Parliament, but the DWP’s position has been that individuals in the creative industries who are temporarily out of work should have to find any suitable job that pays the national minimum wage, and that they can use this income to support themselves “while they pursue any longer-term career options”.
We are concerned that this change will force our members to accept inappropriate work or risk being sanctioned, at the expense of them having time to find work that is more appropriate to their skillset and aligned to their chosen career.
We are concerned that the regulations have been implemented without consulting the Social Security Advisory Committee (SSAC). The SSAC is an advisory body that usually the DWP is usually obliged to consult on welfare benefit changes. In this case, however, the DWP has said it does not need to consult the SSAC because the change is too urgent for consultation, but it has not explained why it is so urgent, beyond saying there is an aim to get more people into work by the end of June.
The House of Lords Secondary Legislation Scrutiny Committee and the SSAC have questioned whether this change is really urgent, and we think DWP may not have followed proper procedures by failing to consult the SSAC.
If you are someone who is currently being asked by DWP to find work in any field within 4 weeks of making a UC claim, have previously benefited from the ability to limit your job search for 3 months while claiming UC, and think the new 4 week rule would cause you problems if you had to rely on UC again in the future, or have any other concerns about the rule change, please get in touch with your relevant organisation. CRA member organisations want to know how many of their members might be impacted by the new rule now or in the future.
CRA Fees and Rates Guide and Freelance Day Rate Calculator
We have now published new resources to assist creative freelancers set the right rates for the work that they do.
The Fees and Rates area includes useful links to information, advice, guidance, and collective agreements that are available from other creator led organisations as well as detailed guides to consider when creators are setting their own rates and fees.
The Freelance Day Rate Guide, previously known as the Freelance Ready Reckoner, was developed and produced by Andrew Bibby, a professional freelance financial journalist, in association with the National Union of Journalists (NUJ). Now in its eighth edition it will help those creators doing work that does not involve licensing their copyright and is not otherwise covered by a collective bargaining agreement, to calculate as accurately as possible the equivalent daily income rates for UK-based freelance work, comparable to employee staff salary levels within the range of £23,000-£60,000 per year.
This new version of the Guide has been produced in partnership with the Society of Authors (SoA) whose Katharine King has worked closely with Andrew Bibby to produce this 2023/2024 version.
You can access both guides below.
https://www.creatorsrightsalliance.org/resources-for-calculating-rates-and-fees
https://www.creatorsrightsalliance.org/freelance-day-rate-guide-2023
Music Metadata
A digital tool for music creators to demystify music metadata produced as a collaboration between the Intellectual Property Office; PRS for Music; The IVORS Academy, the Music Publishers Association, this guide helps to navigate codes within the music industry including ISRC; ISWC; CAE and IPI.
Creative Industries Council (CIC) Creative Climate Charter
The Charter outlines how the sector can use its “collective imagination, economic influence and leadership” to reduce its environmental impact and find “practical and scalable” solutions to tackling the climate crisis.
The Charter was developed in collaboration with members of a CIC working group co-chaired by Minnie Moll, Chief Executive of the Design Council, and Alison Tickell, Chief Executive of Julie's Bicycle which the CRA is also a member.
You can read the Charter here.
British Equity Collecting Society (BECS) joins CRA
We are very pleased to announce that the British Equity Collecting Society (BECS) has joined the CRA as an associate member.
“BECS has joined the CRA to work with more like-minded organisations that have the interests of their creative members at heart. With the CRA’s active engagement with government, BECS believes our voice will be amplified and our lobbying more effective in influencing policy decisions. We look forward to a successful partnership.” BECS CEO, Tayyiba Nasser
Association of Illustrators at 50
To celebrate its 50th anniversary CRA member the AOI has chosen five areas which have been major achievements for the organisation since its beginnings as a small organisation run solely by volunteers.
Read more about them here
Happy Birthday!
CRA Welcomes Four New Members
We are pleased to welcome the Royal Society of Literature (RSL), Music Managers Forum (MMF), Featured Artists Coalition (FAC) and the Association of British Science Writers (ABSW) as new members of the CRA. Our coalition of member organisations now stands at 22, who between them represent over 500,000 creators– from authors, artists, photographers, illustrators, translators, performers, musicians and journalists.
CRA Gives Evidence at the CMS Committee on Creator Remuneration
CRA Chair Nicola Solomon was one of the witnesses at the CMS (Culture Media and Sport) Committee session on Creator Remuneration that took place on Tuesday 19 September 2023. Nicola spoke of the challenges for creators who want to make a living from their work in a very challenging industry and the obstacles they face when it comes to fair pay or simply being recognised for their huge contribution to the sector.
Also discussed was Fair Terms for Creators: CREATOR, our solution to bad practices in contractual terms and ways creators can be protected both now and in the future.
Other panelists included CRA members DACS, ALCS, Directors UK and our colleagues at BECS.
You can watch the session in full here.
Picture Industry Collecting Society for Effective Licensing - PICSEL joins the CRA
We are pleased to announce that PICSEL have joined the CRA as an Associate Member
“PICSEL is delighted to join Creators’ Rights Alliance, at a time when individual creators need a strong champion of their rights, whilst powerful players work to weaken them. Unreasonable publisher contracts, unchecked AI developers and a threat to the most robust copyright system there is, could all profoundly alter the landscape for creators, now and in the future. The recent success of a united approach by the creative sector in opposing Government proposals over TDM and scraping, shows that alliances like CRA can benefit creators in a tangible way, and PICSEL are proud to be part of this organisation.” Paul Seheult, CEO
IPEC Small Claims Track London moves to Manchester from 3 July
Following the CRA and BCC joint letter to the Intellectual Property Office and the Ministry of Justice outlining our concerns following the announcement that the Small Claims Track (SCT) of the Intellectual Property Enterprise Court (IPEC) in London is to move to Manchester as of 3rd July, we met with the IPEC User Committee, chaired by HH Judge Richard Hacon of the Intellectual Property Enterprise Court along with fellow presiding judges. You can read their responses in full below.
Overall, it seems that there is not a huge change to the current system, and it is hoped that the move will enable administration to be much more efficient. We would advise anyone planning to use the system for the first time to contact their professional organisation or union for assistance, and CRA member organisations to contact the CRA directly.
You can read the FAQs based on the responses to the CRA/BCC letter here.
The current IPEC Guide is here.
CRA joins the Alliance for IP in calling on the Government to uphold the UK copyright exhaustion regime to defend UK creators and creative businesses.
The CRA is one of a number of industry co-signatories calling for an urgent meeting with the Government to discuss recent media coverage regarding its decision in relation to the UK’s future exhaustion of intellectual property rights regime.
It states that any decision on the UK’s future exhaustion regime will be among the most important taken in relation to Intellectual Property policy during this Parliament. Its impact will affect businesses, consumers, and regulatory authorities across the UK; affecting export-driven UK sectors, as it underpins their ability to determine when, how and what goods to sell in international markets and at what price.
You can read the letter in full here.
A great explanation of exhaustion from the Society of Authors here.
Creative Industries Sector Vision
The Government has published its Creative Industries Sector Vision. Developed with industry via the Creative Industries Council, which the CRA is a member, the Vision sets out ambitions for growth of the creative industries by £50 billion by 2030, as well as creating one million extra jobs.
Government’s plan to grow the creative industries by £50bn and support a million more jobs by 2030, with £77m of new funding for the sector announced
Advanced screen and performance technology research labs to be based in Yorkshire, Dundee, Belfast and Buckinghamshire
£50m to support more regional creative clusters, plus extra cash for music venues, video games studios, London Fashion Week and the next generation of British music talent
Plans to build a pipeline of skills and talent through new creative careers promise
You can read the Sector Vision here.
Creative Industries Sector Vision
The Government has published its Creative Industries Sector Vision which was developed with industry via the Creative Industries Council. The CRA has recently been invited to join the CIC and although the Vision was mostly in place by the time we joined we were able to push for and obtain more references to freelancers and the acknowledgment of their importance within the strategy.
The Rt Hon Lucy Frazer KC MP, Secretary of State for Culture, Media and Sport, has written thanking the CRA for our input in developing the Sector Vision.
Nevertheless we do remain disappointed at the focus on “industry” rather than specific strategies and initiatives which will assist individual creators and deal with the shocking disparities of bargaining position and rights as called for in our CREATOR strategy.
We are pleased that the work of musician is a focus of the Vision, but there was a disappointing lack of references to creators and performers in general in the document. The importance of writers, visual artists, journalists, translators, performers, as well as musicians is immeasurable, without them there would be no creative industries in need of a strategy.
We have put forward CRA reps to be members of the CIC working groups so will be deeply involved in all the forthcoming roundtables where meat will be put on the bones of the Vision. We will continue champion all creators in their varieties to ensure that there is a truly holistic and pan sector approach.
Creators’ Rights Alliance and British Copyright Council voice concern over IPEC move from London to Manchester.
The CRA and BCC have written to the Intellectual Property Office and the Ministry of Justice outlining their concerns regarding the transfer of cases filed in the Small Claims Track (SCT) of the Intellectual Property Enterprise Court (IPEC) in London to Manchester as of 3rd July 2023. We have called for an urgent meeting to learn more about the details of the move and proposals.
You can read the letter here.
The Practice Note sent on 7 June in relation to plans for the IPEC SCT can be read here.
CRA Artificial Intelligence and Creative Work
The CRA has published its response to the Government’s white paper on AI and machine learning.
There is an urgent need to ensure that the growth of AI complements and does not damage the value of our world-leading creative industries. We have worked with our 15 member organisations - the leading creator-led groups, trade associations and unions who between them represent over 350,000 authors, artists, filmmakers, photographers and illustrators, translators, performers, musicians, and journalists - to produce the response. This and our recommendations have been framed around the Government’s five key principal headings of safety; security and robustness; transparency and explainability; fairness; accountability and governance; and contestability and redress.
You can read the response in full here.
Association of Authors’ Agents joins the CRA
We are extremely pleased to announce that the Association of Authors' Agents (AAA) has joined the CRA as an associate member.
The Association of Authors’ Agents is a voluntary trade association comprising literary agencies of all sizes and agents from all walks of life. The AAA is a forum representing the best interests of agents and their authors and is led by a committee of volunteers elected by members for two or three-year tenures on a rolling basis.
CRA joins Human Artistry Campaign
The Human Artistry Campaign which was launched to advocate that artificial intelligence technologies are developed and used in ways that support human culture and artistry – and not ways that replace or erode it. With more than 50 members including major unions, trade associations, and policy experts representing individual creators and rightsholders from across the entire tapestry of creative endeavor, the Human Artistry Campaign is positioned to be a leading voice in the rapidly unfolding debate over the costs and benefits of different forms of AI.
Visit HumanArtistryCampaign.com to join the campaign.
Royal Photographic Society Joins the CRA
We are extremely pleased to announce that the Royal Photographic Society (RPS) has joined the CRA as a full member.
Based in Bristol, the RPS is one of the world’s oldest photographic societies. It was founded in 1853 to promote the art and science of photography and it has had a long history supporting photographers’ rights and matters around IP back to the nineteenth century. Today, its mission is to bring inspiration, creativity, and connection through photography to people of all ages and backgrounds.
The RPS’s membership of around 10,000 individuals includes professionals and amateur photographers alongside those working with photography.
If you would like to join the CRA please visit our membership page here.
Event for Creators: Artificial Intelligence and Creative Work
To mark the publication of the CRA response to the Government’s white paper on AI and machine learning Artificial Intelligence and Creative Work, we are holding a special event for creators on Tuesday 23 May at 15.00hrs (3pm).
Many creators will be concerned about A.I., some may already be producing work using it, some may even be developing similar technology. This event will be led by creators, and will be an opportunity for them to discuss their concerns, views, and experiences.
To answer any questions we have Nick Dunmur, Business & Legal Advisor at the AOP; Derek Brazell, Publishing and Membership Manager, AOI; and Paul Mortimer, Public Affairs and Campaigns Coordinator, Ivors Academy on hand.
Do get in touch via the email below to let us know if you would like to attend and if you have any questions you’d like to set in advance.
Email.
Creative Industries PEC: State of Creativity
On Thursday 18 April the CRA attended the Creative Industries PEC conference at the BFI Southbank to mark the publication of their State of the Creativity report. Speakers included Sir Peter Bazalgette, CIC; Hasan Bakhshi, CPEC; Robert Specterman-Green, Director, Media & Creative Industries; DCMS, Alison Tickell, Julie’s Bicycle; Rehana Mughal, British Council; Caroline Norbury, Creative UK; and Harman Sagger, head economist for arts, heritage and tourism, DCMS.
Both the event and the accompanying report provide much food for thought on the current state of the industry and how it might move forward.
There were many good discussions, and many of the recommendations put forward are to be welcomed, but the lack of any actual focus on the needs of our freelance creators was very telling. Without a focused and wide-reaching discussion on how we can practically support creators, we are not addressing any of the true barriers to access and growth. We will be writing to the CPEC to remind them that there needs to be more opportunities for lifetime learning, professional advice support, equal access to R&D, grants, a better benefits regime that understands how we work, commissioner contributions to creator pensions, Intellectual Property rights protection, an end to forced buyouts, better pay rates and more.
UK Government publishes white paper: AI regulation: a pro-innovation approach
The paper details its plans for implementing a pro-innovation approach to AI regulation. The approach has five key principles: safety; security and robustness; transparency and explainability; fairness; accountability and governance; and contestability and redress.
They are also seeking views through a supporting consultation which is open until 21 April.
You can read the AI white paper here:
CRA joins the Creative Industries Council (CIC)
Set up to be a voice for creative industries, the Council which is co-chaired by The Rt Hon Lucy Frazer KC MP, Secretary of State for Culture, Media and Sport, is made up of leading figureheads drawn from across the creative and digital industries including TV, video games, fashion, music, arts, publishing, and film. Its focus is addressing the challenges and opportunities facing the UK’s creative industries to help drive forward progress on key areas of growth for the sector, including access to finance, skills, export markets, innovation and intellectual property (IP).
“We are thrilled that the CIC has taken on an organisation that speaks solely for creators and their interests - not just for industry. We are excited about the Sector Vision and are keen to work with our colleagues across government and industry to make the needs of creators, (often freelancers and SME’s) heard, including protection of their rights, a better tax regime, creative education and empowerment and protection of IP as well as lifelong access to skills and business training.” Nicola Solomon, CRA Chair
Read the full press release here.
The Government’s proposed broadening of the text & data mining exception to copyright put on hold
Following detailed input from the CRA, our members, other creative organisations and creators across the sector a Parliamentary debate took place on Wednesday 1st February 2023. During the debate MPs urged the Government to halt plans for the text and data mining exception, asking instead that the IPO consult with all sides, including creators.
The Minister for Science, Research and Innovation, George Freeman MP, said that the Intellectual Property Office (IPO) and the Government would not be proceeding with the current proposals, seeking instead to reopen consultations with the sector.
This is good news, for now, but as usual the CRA will keep monitoring developments.
You can read more about the Westminster Hall debate here.
At risk: our creative future
This House of Lords Communications and Digital Committee report calls for the Government and the Intellectual Property Office to reconsider and refocus their efforts to support and grow our sector. It also calls for the Intellectual Property Office to pause its proposed changes to the text and data mining regime immediately.
You can read the report in full here.
Channel 4 to remain in public ownership.
The government has announced that Channel 4 is to remain publicly owned with new reforms to "‘boost its sustainability and commercial freedom’. A huge thanks to all CRA members, especially Equity and WGGB. Proof that lobbying does work.
WGGB launches access rider for disabled writers
Disabled writers are seriously under-represented in the creative industries, and in UK broadcasting alone make up only 5.4% of contributions, according to data this year from Project Diamond.
To reduce access barriers for freelance writers in broadcasting, film, theatre, publishing and the videogames industry, WGGB today launches a Writers’ Access Rider.
Authors’ earnings surveys funded by ALCS, shows a profession struggling to sustain itself.
This latest research into authors’ earnings, conducted by the CREATe Centre at the University of Glasgow, tells an alarming story of a profession nearing a tipping point.
You can read more here.
WGGB cost-of-living survey finds UK faces “serious loss of writing talent”
55% of writers surveyed by the WGGB said that rising energy and food costs throughout 2022 were impacting on their ability to sustain a writing career.
Writers across TV, film, theatre, audio, books and videogames reported feeling worried about how cost-of-living increases would affect the creative industries, with many fearing that shrinking demand amongst audiences and consumers would force some organisations to close.
You can read more detail here.
ISM Touring in Europe Brexit survey
This will be the first ISM Brexit survey since the lifting of COVID-19 restrictions, which means that it is the first to capture information about the realities of touring after Brexit from musicians on the ground. The survey is entirely anonymous and should take no longer than 10 minutes to complete.
You can complete the survey here
A How To Guide: IPEC Small Claims Track.
This special event will take place via Zoom on Wednesday 19 October at 5pm. It will look in detail at how to decide if the Intellectual Property Enterprise Court (IPEC) Small Claims Track is suitable for your claim, the process of making a claim, how it will proceed and what procedures might apply.
The IPEC is designed to help individuals and SMEs to get access to justice in a more affordable way. It deals with IP disputes including registered trademarks, designs, patents and importantly for us, copyright. It can be used by illustrators, writers, musicians, photographers and other rights holders for less complex intellectual copyright cases, including infringements of artwork.
Cases are heard by District Judges or by Deputy District Judges and are for claims less than £10,000. They have simpler procedures by which the most straightforward intellectual property claims with a low financial value can be decided, without the need for parties to be legally represented; substantial pre-hearing preparation; and without the parties putting themselves at risk of anything but very limited costs.
This session will be hosted by Nicola Solomon, CEO of the Society of Authors and CRA Chair who is also a small claims track judge. She will be joined by District Judge Charlotte Hart, IPEC (Small Claims Track), Royal Courts of Justice and Antony Craggs, Partner, Intellectual Property, Lewis Silkin LLP.
If you would like to attend please contact contact@creatorsrightsalliance.org.
Event: CRA Mental Wellbeing Forum
This CRA member meeting will explore mental wellbeing from the perspective of you, your teams, and your members. It will be an opportunity to share your work, experiences, and best practice in this important area and hopefully make some new contacts. It is targeted at CEO/senior level, so we can find out more about what you are doing. We will take your lead and hope it will lead to more detailed and focused events on specific subjects in the future, should you wish.
Our panel will include Chris Walters, Head of Education, Health & Wellbeing, Musicians’ Union and Natasha Hirst, Vice-President, NUJ and will be hosted by Michael Sweeney, Recording & Broadcasting Official at the MU and CRA Treasurer.
The event will take place at 11am, Thursday 27 October 2022, via Zoom. If you are interested in taking part or have items that you would like discussed, please contact contact@creatorsrightsalliance.org.
Self Publishing Guide
Produced by the WGGB Self-publishing: A step-by-step guide for authors features advice on:
Choosing whether to manage the self-publishing process yourself, or hiring a company to do it for you – including the difference between reputable companies offering self-publishing packages and predatory hybrid/vanity publishers which should be avoided
If you need an agent – and how to get one
Editing and proofreading, design and formatting, indexing and illustrations, including hiring professionals
Printing versus e-books (plus a guide to the process and costs)
Marketing your book, including hiring a PR professional
Useful resources
Handy top tips
You can download the guide here.
Proposed Text and Data Mining exception
CRA member Association of Photographers explains why photographers and image-makers should be concerned about the newly proposed Text and Data Mining exception?
“- Up to this point, the UK’s copyright framework has arguably been amongst the most innovation-friendly and world-leading pieces of legislation protecting creators, with careful consideration for the significant and widespread creation of and investment in creative works, leading to an industry worth over 6% to the UK economy.”
Freelance Isn’t Free: New York
In 2016 New York City introduced the Freelance Isn't Free Act, designed to enhance the rights of freelance workers in New York such as journalists and authors. Now a similar law has been proposed for New York state.
In February, Democratic New York state senator Andrew Gounardes and assembly member Harry Bronson introduced a new bill intended to “protect contract and freelance workers from wage theft by ensuring all freelancers receive appropriate contracts for their work, are paid in a timely manner, and have state support to recoup unpaid wages.”
Doesn’t that just sound so refreshing and not rocket science? You can read more about this exciting plan here and here.
You may know that the Creators' Rights Alliance, in conjunction with other creator led organisations, has been calling for a similar law here in the UK. Fair Terms For Creators covers seven areas of contract terms where all creators need protection when they sign a contract. These seven areas form the acronym CREATOR. They are all already in use elsewhere in the world, or mirror existing consumer protection rights. For information on how you can support the campaign and get involved, click here.
#FairTermsForCreators #PayTheCreator #CRA #CREATOR
#ComposersAgainstBuyouts
Organised by the MU & The Ivors Academy the campaign highlights that:
35% of media composers have taken buyouts or work for hire deals
41% had to give away more of their mechanical rights than they wanted to
64% believe the commissioning environment is coercive
You can find out more about the campaign and the Fair Commissioning Manifesto here:
https://ivorsacademy.com/campaign/composers-against-buyouts/
https://musiciansunion.org.uk/campaigns/composers-against-buyouts
Stop AI Stealing the Show
Equity has launched a new campaign: Stop AI Stealing the Show
Its goal is to strengthen performers’ rights in response to the rapid development of artificial intelligence (AI) across the entertainment industry and the troubling findings from a recent Equity survey.
Equity is calling on the government to reform the Copyright, Designs and Patents Act 1988 to protect performers against AI-made performance synthetisation and ensure that strengthening rights for creatives is a key component of the National AI Strategy.
Equity would welcome your support and have created a template Twitter post.
Is it a Steal? Paid-For Publishing Report
The Society of Authors and the Writers’ Guild of Great Britain have published a joint report exposing widespread bad practice among companies that charge writers for publication, and are calling for a reform of the ‘hybrid’ / paid-for publishing sector.
The report is the first full-scale assessment of the relationship between writers and companies who refer to themselves as ‘hybrid’, ‘partnership’ or ‘contributory’ publishers (among other terms) but have much in common with what have historically been described as ‘vanity’ publishers. It details aggressive marketing tactics, manipulative sales approaches, unclear contracts, and publishing processes and services that fall far short of expectations and value. The report also includes the findings of a survey which found that 94% of writers who had paid to have their book published lost money, typically in the thousands, paying an average of £2,000 with median royalties coming in at a mere £68.
You can find out more here:
Are you impacted by the DWP’s new requirement that UC claimants need to search more widely for available jobs from the fourth week of their claim?
On 27 January 2022 the Department of Work and Pensions (DWP) announced that, as part of a drive to get half a million people into work by the end of June 2022 (which the government calls the ‘Way to Work’ Campaign), claimants who have agreed to work search commitments in order to receive Universal Credit (UC) will be required to search more widely for available jobs from the fourth week of their claim (rather than after the current three months) – or risk being sanctioned if they don’t. Benefit sanctions can see UC claimants have their payments reduced or stopped for a period of time. This can cause real financial difficulties for many UC claimants and their families, who may rely on UC temporarily between contracts or commissions.
On 7 February 2022, the DWP made regulations formally reducing the time period in which Claimants could limit their search and availability for work from three months to four weeks. The changes came into force on 8 February 2022.
We think this rule change may impact some of our members and others in the creative industries, who rely on UC in between commissions or freelance contracts. Questions about the impact that this rule change will have on performing arts practitioners have already been raised in Parliament, but the DWP’s position has been that individuals in the creative industries who are temporarily out of work should have to find any suitable job that pays the national minimum wage, and that they can use this income to support themselves “while they pursue any longer-term career options”.
We are concerned that this change will force our members to accept inappropriate work or risk being sanctioned, at the expense of them having time to find work that is more appropriate to their skillset and aligned to their chosen career.
We are concerned that the regulations have been implemented without consulting the Social Security Advisory Committee (SSAC). The SSAC is an advisory body that usually the DWP is usually obliged to consult on welfare benefit changes. In this case, however, the DWP has said it does not need to consult the SSAC because the change is too urgent for consultation, but it has not explained why it is so urgent, beyond saying there is an aim to get more people into work by the end of June.
The House of Lords Secondary Legislation Scrutiny Committee and the SSAC have questioned whether this change is really urgent, and we think DWP may not have followed proper procedures by failing to consult the SSAC.
If you are someone who is currently being asked by DWP to find work in any field within 4 weeks of making a UC claim, have previously benefited from the ability to limit your job search for 3 months while claiming UC, and think the new 4 week rule would cause you problems if you had to rely on UC again in the future, or have any other concerns about the rule change, please get in touch with your relevant organisation. CRA member organisations want to know how many of their members might be impacted by the new rule now or in the future.
CRA Fees and Rates Guide and Freelance Day Rate Calculator
We have now published new resources to assist creative freelancers set the right rates for the work that they do.
The Fees and Rates area includes useful links to information, advice, guidance, and collective agreements that are available from other creator led organisations as well as detailed guides to consider when creators are setting their own rates and fees.
The Freelance Day Rate Guide, previously known as the Freelance Ready Reckoner, was developed and produced by Andrew Bibby, a professional freelance financial journalist, in association with the National Union of Journalists (NUJ). Now in its eighth edition it will help those creators doing work that does not involve licensing their copyright and is not otherwise covered by a collective bargaining agreement, to calculate as accurately as possible the equivalent daily income rates for UK-based freelance work, comparable to employee staff salary levels within the range of £23,000-£60,000 per year.
This new version of the Guide has been produced in partnership with the Society of Authors (SoA) whose Katharine King has worked closely with Andrew Bibby to produce this 2023/2024 version.
You can access both guides below.
https://www.creatorsrightsalliance.org/resources-for-calculating-rates-and-fees
https://www.creatorsrightsalliance.org/freelance-day-rate-guide-2023
Music Metadata
A digital tool for music creators to demystify music metadata produced as a collaboration between the Intellectual Property Office; PRS for Music; The IVORS Academy, the Music Publishers Association, this guide helps to navigate codes within the music industry including ISRC; ISWC; CAE and IPI.
Creative Industries Council (CIC) Creative Climate Charter
The Charter outlines how the sector can use its “collective imagination, economic influence and leadership” to reduce its environmental impact and find “practical and scalable” solutions to tackling the climate crisis.
The Charter was developed in collaboration with members of a CIC working group co-chaired by Minnie Moll, Chief Executive of the Design Council, and Alison Tickell, Chief Executive of Julie's Bicycle which the CRA is also a member.
You can read the Charter here.
British Equity Collecting Society (BECS) joins CRA
We are very pleased to announce that the British Equity Collecting Society (BECS) has joined the CRA as an associate member.
“BECS has joined the CRA to work with more like-minded organisations that have the interests of their creative members at heart. With the CRA’s active engagement with government, BECS believes our voice will be amplified and our lobbying more effective in influencing policy decisions. We look forward to a successful partnership.” BECS CEO, Tayyiba Nasser
Association of Illustrators at 50
To celebrate its 50th anniversary CRA member the AOI has chosen five areas which have been major achievements for the organisation since its beginnings as a small organisation run solely by volunteers.
Read more about them here
Happy Birthday!
CRA Welcomes Four New Members
We are pleased to welcome the Royal Society of Literature (RSL), Music Managers Forum (MMF), Featured Artists Coalition (FAC) and the Association of British Science Writers (ABSW) as new members of the CRA. Our coalition of member organisations now stands at 22, who between them represent over 500,000 creators– from authors, artists, photographers, illustrators, translators, performers, musicians and journalists.
CRA Gives Evidence at the CMS Committee on Creator Remuneration
CRA Chair Nicola Solomon was one of the witnesses at the CMS (Culture Media and Sport) Committee session on Creator Remuneration that took place on Tuesday 19 September 2023. Nicola spoke of the challenges for creators who want to make a living from their work in a very challenging industry and the obstacles they face when it comes to fair pay or simply being recognised for their huge contribution to the sector.
Also discussed was Fair Terms for Creators: CREATOR, our solution to bad practices in contractual terms and ways creators can be protected both now and in the future.
Other panelists included CRA members DACS, ALCS, Directors UK and our colleagues at BECS.
You can watch the session in full here.
Picture Industry Collecting Society for Effective Licensing - PICSEL joins the CRA
We are pleased to announce that PICSEL have joined the CRA as an Associate Member
“PICSEL is delighted to join Creators’ Rights Alliance, at a time when individual creators need a strong champion of their rights, whilst powerful players work to weaken them. Unreasonable publisher contracts, unchecked AI developers and a threat to the most robust copyright system there is, could all profoundly alter the landscape for creators, now and in the future. The recent success of a united approach by the creative sector in opposing Government proposals over TDM and scraping, shows that alliances like CRA can benefit creators in a tangible way, and PICSEL are proud to be part of this organisation.” Paul Seheult, CEO
IPEC Small Claims Track London moves to Manchester from 3 July
Following the CRA and BCC joint letter to the Intellectual Property Office and the Ministry of Justice outlining our concerns following the announcement that the Small Claims Track (SCT) of the Intellectual Property Enterprise Court (IPEC) in London is to move to Manchester as of 3rd July, we met with the IPEC User Committee, chaired by HH Judge Richard Hacon of the Intellectual Property Enterprise Court along with fellow presiding judges. You can read their responses in full below.
Overall, it seems that there is not a huge change to the current system, and it is hoped that the move will enable administration to be much more efficient. We would advise anyone planning to use the system for the first time to contact their professional organisation or union for assistance, and CRA member organisations to contact the CRA directly.
You can read the FAQs based on the responses to the CRA/BCC letter here.
The current IPEC Guide is here.
CRA joins the Alliance for IP in calling on the Government to uphold the UK copyright exhaustion regime to defend UK creators and creative businesses.
The CRA is one of a number of industry co-signatories calling for an urgent meeting with the Government to discuss recent media coverage regarding its decision in relation to the UK’s future exhaustion of intellectual property rights regime.
It states that any decision on the UK’s future exhaustion regime will be among the most important taken in relation to Intellectual Property policy during this Parliament. Its impact will affect businesses, consumers, and regulatory authorities across the UK; affecting export-driven UK sectors, as it underpins their ability to determine when, how and what goods to sell in international markets and at what price.
You can read the letter in full here.
A great explanation of exhaustion from the Society of Authors here.
Creative Industries Sector Vision
The Government has published its Creative Industries Sector Vision. Developed with industry via the Creative Industries Council, which the CRA is a member, the Vision sets out ambitions for growth of the creative industries by £50 billion by 2030, as well as creating one million extra jobs.
Government’s plan to grow the creative industries by £50bn and support a million more jobs by 2030, with £77m of new funding for the sector announced
Advanced screen and performance technology research labs to be based in Yorkshire, Dundee, Belfast and Buckinghamshire
£50m to support more regional creative clusters, plus extra cash for music venues, video games studios, London Fashion Week and the next generation of British music talent
Plans to build a pipeline of skills and talent through new creative careers promise
You can read the Sector Vision here.
Creative Industries Sector Vision
The Government has published its Creative Industries Sector Vision which was developed with industry via the Creative Industries Council. The CRA has recently been invited to join the CIC and although the Vision was mostly in place by the time we joined we were able to push for and obtain more references to freelancers and the acknowledgment of their importance within the strategy.
The Rt Hon Lucy Frazer KC MP, Secretary of State for Culture, Media and Sport, has written thanking the CRA for our input in developing the Sector Vision.
Nevertheless we do remain disappointed at the focus on “industry” rather than specific strategies and initiatives which will assist individual creators and deal with the shocking disparities of bargaining position and rights as called for in our CREATOR strategy.
We are pleased that the work of musician is a focus of the Vision, but there was a disappointing lack of references to creators and performers in general in the document. The importance of writers, visual artists, journalists, translators, performers, as well as musicians is immeasurable, without them there would be no creative industries in need of a strategy.
We have put forward CRA reps to be members of the CIC working groups so will be deeply involved in all the forthcoming roundtables where meat will be put on the bones of the Vision. We will continue champion all creators in their varieties to ensure that there is a truly holistic and pan sector approach.
Creators’ Rights Alliance and British Copyright Council voice concern over IPEC move from London to Manchester.
The CRA and BCC have written to the Intellectual Property Office and the Ministry of Justice outlining their concerns regarding the transfer of cases filed in the Small Claims Track (SCT) of the Intellectual Property Enterprise Court (IPEC) in London to Manchester as of 3rd July 2023. We have called for an urgent meeting to learn more about the details of the move and proposals.
You can read the letter here.
The Practice Note sent on 7 June in relation to plans for the IPEC SCT can be read here.
CRA Artificial Intelligence and Creative Work
The CRA has published its response to the Government’s white paper on AI and machine learning.
There is an urgent need to ensure that the growth of AI complements and does not damage the value of our world-leading creative industries. We have worked with our 15 member organisations - the leading creator-led groups, trade associations and unions who between them represent over 350,000 authors, artists, filmmakers, photographers and illustrators, translators, performers, musicians, and journalists - to produce the response. This and our recommendations have been framed around the Government’s five key principal headings of safety; security and robustness; transparency and explainability; fairness; accountability and governance; and contestability and redress.
You can read the response in full here.
Association of Authors’ Agents joins the CRA
We are extremely pleased to announce that the Association of Authors' Agents (AAA) has joined the CRA as an associate member.
The Association of Authors’ Agents is a voluntary trade association comprising literary agencies of all sizes and agents from all walks of life. The AAA is a forum representing the best interests of agents and their authors and is led by a committee of volunteers elected by members for two or three-year tenures on a rolling basis.
CRA joins Human Artistry Campaign
The Human Artistry Campaign which was launched to advocate that artificial intelligence technologies are developed and used in ways that support human culture and artistry – and not ways that replace or erode it. With more than 50 members including major unions, trade associations, and policy experts representing individual creators and rightsholders from across the entire tapestry of creative endeavor, the Human Artistry Campaign is positioned to be a leading voice in the rapidly unfolding debate over the costs and benefits of different forms of AI.
Visit HumanArtistryCampaign.com to join the campaign.
Royal Photographic Society Joins the CRA
We are extremely pleased to announce that the Royal Photographic Society (RPS) has joined the CRA as a full member.
Based in Bristol, the RPS is one of the world’s oldest photographic societies. It was founded in 1853 to promote the art and science of photography and it has had a long history supporting photographers’ rights and matters around IP back to the nineteenth century. Today, its mission is to bring inspiration, creativity, and connection through photography to people of all ages and backgrounds.
The RPS’s membership of around 10,000 individuals includes professionals and amateur photographers alongside those working with photography.
If you would like to join the CRA please visit our membership page here.
Event for Creators: Artificial Intelligence and Creative Work
To mark the publication of the CRA response to the Government’s white paper on AI and machine learning Artificial Intelligence and Creative Work, we are holding a special event for creators on Tuesday 23 May at 15.00hrs (3pm).
Many creators will be concerned about A.I., some may already be producing work using it, some may even be developing similar technology. This event will be led by creators, and will be an opportunity for them to discuss their concerns, views, and experiences.
To answer any questions we have Nick Dunmur, Business & Legal Advisor at the AOP; Derek Brazell, Publishing and Membership Manager, AOI; and Paul Mortimer, Public Affairs and Campaigns Coordinator, Ivors Academy on hand.
Do get in touch via the email below to let us know if you would like to attend and if you have any questions you’d like to set in advance.
Email.
Creative Industries PEC: State of Creativity
On Thursday 18 April the CRA attended the Creative Industries PEC conference at the BFI Southbank to mark the publication of their State of the Creativity report. Speakers included Sir Peter Bazalgette, CIC; Hasan Bakhshi, CPEC; Robert Specterman-Green, Director, Media & Creative Industries; DCMS, Alison Tickell, Julie’s Bicycle; Rehana Mughal, British Council; Caroline Norbury, Creative UK; and Harman Sagger, head economist for arts, heritage and tourism, DCMS.
Both the event and the accompanying report provide much food for thought on the current state of the industry and how it might move forward.
There were many good discussions, and many of the recommendations put forward are to be welcomed, but the lack of any actual focus on the needs of our freelance creators was very telling. Without a focused and wide-reaching discussion on how we can practically support creators, we are not addressing any of the true barriers to access and growth. We will be writing to the CPEC to remind them that there needs to be more opportunities for lifetime learning, professional advice support, equal access to R&D, grants, a better benefits regime that understands how we work, commissioner contributions to creator pensions, Intellectual Property rights protection, an end to forced buyouts, better pay rates and more.
UK Government publishes white paper: AI regulation: a pro-innovation approach
The paper details its plans for implementing a pro-innovation approach to AI regulation. The approach has five key principles: safety; security and robustness; transparency and explainability; fairness; accountability and governance; and contestability and redress.
They are also seeking views through a supporting consultation which is open until 21 April.
You can read the AI white paper here:
CRA joins the Creative Industries Council (CIC)
Set up to be a voice for creative industries, the Council which is co-chaired by The Rt Hon Lucy Frazer KC MP, Secretary of State for Culture, Media and Sport, is made up of leading figureheads drawn from across the creative and digital industries including TV, video games, fashion, music, arts, publishing, and film. Its focus is addressing the challenges and opportunities facing the UK’s creative industries to help drive forward progress on key areas of growth for the sector, including access to finance, skills, export markets, innovation and intellectual property (IP).
“We are thrilled that the CIC has taken on an organisation that speaks solely for creators and their interests - not just for industry. We are excited about the Sector Vision and are keen to work with our colleagues across government and industry to make the needs of creators, (often freelancers and SME’s) heard, including protection of their rights, a better tax regime, creative education and empowerment and protection of IP as well as lifelong access to skills and business training.” Nicola Solomon, CRA Chair
Read the full press release here.
The Government’s proposed broadening of the text & data mining exception to copyright put on hold
Following detailed input from the CRA, our members, other creative organisations and creators across the sector a Parliamentary debate took place on Wednesday 1st February 2023. During the debate MPs urged the Government to halt plans for the text and data mining exception, asking instead that the IPO consult with all sides, including creators.
The Minister for Science, Research and Innovation, George Freeman MP, said that the Intellectual Property Office (IPO) and the Government would not be proceeding with the current proposals, seeking instead to reopen consultations with the sector.
This is good news, for now, but as usual the CRA will keep monitoring developments.
You can read more about the Westminster Hall debate here.
At risk: our creative future
This House of Lords Communications and Digital Committee report calls for the Government and the Intellectual Property Office to reconsider and refocus their efforts to support and grow our sector. It also calls for the Intellectual Property Office to pause its proposed changes to the text and data mining regime immediately.
You can read the report in full here.
Channel 4 to remain in public ownership.
The government has announced that Channel 4 is to remain publicly owned with new reforms to "‘boost its sustainability and commercial freedom’. A huge thanks to all CRA members, especially Equity and WGGB. Proof that lobbying does work.
WGGB launches access rider for disabled writers
Disabled writers are seriously under-represented in the creative industries, and in UK broadcasting alone make up only 5.4% of contributions, according to data this year from Project Diamond.
To reduce access barriers for freelance writers in broadcasting, film, theatre, publishing and the videogames industry, WGGB today launches a Writers’ Access Rider.
Authors’ earnings surveys funded by ALCS, shows a profession struggling to sustain itself.
This latest research into authors’ earnings, conducted by the CREATe Centre at the University of Glasgow, tells an alarming story of a profession nearing a tipping point.
You can read more here.
WGGB cost-of-living survey finds UK faces “serious loss of writing talent”
55% of writers surveyed by the WGGB said that rising energy and food costs throughout 2022 were impacting on their ability to sustain a writing career.
Writers across TV, film, theatre, audio, books and videogames reported feeling worried about how cost-of-living increases would affect the creative industries, with many fearing that shrinking demand amongst audiences and consumers would force some organisations to close.
You can read more detail here.
ISM Touring in Europe Brexit survey
This will be the first ISM Brexit survey since the lifting of COVID-19 restrictions, which means that it is the first to capture information about the realities of touring after Brexit from musicians on the ground. The survey is entirely anonymous and should take no longer than 10 minutes to complete.
You can complete the survey here
A How To Guide: IPEC Small Claims Track.
This special event will take place via Zoom on Wednesday 19 October at 5pm. It will look in detail at how to decide if the Intellectual Property Enterprise Court (IPEC) Small Claims Track is suitable for your claim, the process of making a claim, how it will proceed and what procedures might apply.
The IPEC is designed to help individuals and SMEs to get access to justice in a more affordable way. It deals with IP disputes including registered trademarks, designs, patents and importantly for us, copyright. It can be used by illustrators, writers, musicians, photographers and other rights holders for less complex intellectual copyright cases, including infringements of artwork.
Cases are heard by District Judges or by Deputy District Judges and are for claims less than £10,000. They have simpler procedures by which the most straightforward intellectual property claims with a low financial value can be decided, without the need for parties to be legally represented; substantial pre-hearing preparation; and without the parties putting themselves at risk of anything but very limited costs.
This session will be hosted by Nicola Solomon, CEO of the Society of Authors and CRA Chair who is also a small claims track judge. She will be joined by District Judge Charlotte Hart, IPEC (Small Claims Track), Royal Courts of Justice and Antony Craggs, Partner, Intellectual Property, Lewis Silkin LLP.
If you would like to attend please contact contact@creatorsrightsalliance.org.
Event: CRA Mental Wellbeing Forum
This CRA member meeting will explore mental wellbeing from the perspective of you, your teams, and your members. It will be an opportunity to share your work, experiences, and best practice in this important area and hopefully make some new contacts. It is targeted at CEO/senior level, so we can find out more about what you are doing. We will take your lead and hope it will lead to more detailed and focused events on specific subjects in the future, should you wish.
Our panel will include Chris Walters, Head of Education, Health & Wellbeing, Musicians’ Union and Natasha Hirst, Vice-President, NUJ and will be hosted by Michael Sweeney, Recording & Broadcasting Official at the MU and CRA Treasurer.
The event will take place at 11am, Thursday 27 October 2022, via Zoom. If you are interested in taking part or have items that you would like discussed, please contact contact@creatorsrightsalliance.org.
Self Publishing Guide
Produced by the WGGB Self-publishing: A step-by-step guide for authors features advice on:
Choosing whether to manage the self-publishing process yourself, or hiring a company to do it for you – including the difference between reputable companies offering self-publishing packages and predatory hybrid/vanity publishers which should be avoided
If you need an agent – and how to get one
Editing and proofreading, design and formatting, indexing and illustrations, including hiring professionals
Printing versus e-books (plus a guide to the process and costs)
Marketing your book, including hiring a PR professional
Useful resources
Handy top tips
You can download the guide here.
Proposed Text and Data Mining exception
CRA member Association of Photographers explains why photographers and image-makers should be concerned about the newly proposed Text and Data Mining exception?
“- Up to this point, the UK’s copyright framework has arguably been amongst the most innovation-friendly and world-leading pieces of legislation protecting creators, with careful consideration for the significant and widespread creation of and investment in creative works, leading to an industry worth over 6% to the UK economy.”
Freelance Isn’t Free: New York
In 2016 New York City introduced the Freelance Isn't Free Act, designed to enhance the rights of freelance workers in New York such as journalists and authors. Now a similar law has been proposed for New York state.
In February, Democratic New York state senator Andrew Gounardes and assembly member Harry Bronson introduced a new bill intended to “protect contract and freelance workers from wage theft by ensuring all freelancers receive appropriate contracts for their work, are paid in a timely manner, and have state support to recoup unpaid wages.”
Doesn’t that just sound so refreshing and not rocket science? You can read more about this exciting plan here and here.
You may know that the Creators' Rights Alliance, in conjunction with other creator led organisations, has been calling for a similar law here in the UK. Fair Terms For Creators covers seven areas of contract terms where all creators need protection when they sign a contract. These seven areas form the acronym CREATOR. They are all already in use elsewhere in the world, or mirror existing consumer protection rights. For information on how you can support the campaign and get involved, click here.
#FairTermsForCreators #PayTheCreator #CRA #CREATOR
#ComposersAgainstBuyouts
Organised by the MU & The Ivors Academy the campaign highlights that:
35% of media composers have taken buyouts or work for hire deals
41% had to give away more of their mechanical rights than they wanted to
64% believe the commissioning environment is coercive
You can find out more about the campaign and the Fair Commissioning Manifesto here:
https://ivorsacademy.com/campaign/composers-against-buyouts/
https://musiciansunion.org.uk/campaigns/composers-against-buyouts
Stop AI Stealing the Show
Equity has launched a new campaign: Stop AI Stealing the Show
Its goal is to strengthen performers’ rights in response to the rapid development of artificial intelligence (AI) across the entertainment industry and the troubling findings from a recent Equity survey.
Equity is calling on the government to reform the Copyright, Designs and Patents Act 1988 to protect performers against AI-made performance synthetisation and ensure that strengthening rights for creatives is a key component of the National AI Strategy.
Equity would welcome your support and have created a template Twitter post.
Is it a Steal? Paid-For Publishing Report
The Society of Authors and the Writers’ Guild of Great Britain have published a joint report exposing widespread bad practice among companies that charge writers for publication, and are calling for a reform of the ‘hybrid’ / paid-for publishing sector.
The report is the first full-scale assessment of the relationship between writers and companies who refer to themselves as ‘hybrid’, ‘partnership’ or ‘contributory’ publishers (among other terms) but have much in common with what have historically been described as ‘vanity’ publishers. It details aggressive marketing tactics, manipulative sales approaches, unclear contracts, and publishing processes and services that fall far short of expectations and value. The report also includes the findings of a survey which found that 94% of writers who had paid to have their book published lost money, typically in the thousands, paying an average of £2,000 with median royalties coming in at a mere £68.
You can find out more here:
Are you impacted by the DWP’s new requirement that UC claimants need to search more widely for available jobs from the fourth week of their claim?
On 27 January 2022 the Department of Work and Pensions (DWP) announced that, as part of a drive to get half a million people into work by the end of June 2022 (which the government calls the ‘Way to Work’ Campaign), claimants who have agreed to work search commitments in order to receive Universal Credit (UC) will be required to search more widely for available jobs from the fourth week of their claim (rather than after the current three months) – or risk being sanctioned if they don’t. Benefit sanctions can see UC claimants have their payments reduced or stopped for a period of time. This can cause real financial difficulties for many UC claimants and their families, who may rely on UC temporarily between contracts or commissions.
On 7 February 2022, the DWP made regulations formally reducing the time period in which Claimants could limit their search and availability for work from three months to four weeks. The changes came into force on 8 February 2022.
We think this rule change may impact some of our members and others in the creative industries, who rely on UC in between commissions or freelance contracts. Questions about the impact that this rule change will have on performing arts practitioners have already been raised in Parliament, but the DWP’s position has been that individuals in the creative industries who are temporarily out of work should have to find any suitable job that pays the national minimum wage, and that they can use this income to support themselves “while they pursue any longer-term career options”.
We are concerned that this change will force our members to accept inappropriate work or risk being sanctioned, at the expense of them having time to find work that is more appropriate to their skillset and aligned to their chosen career.
We are concerned that the regulations have been implemented without consulting the Social Security Advisory Committee (SSAC). The SSAC is an advisory body that usually the DWP is usually obliged to consult on welfare benefit changes. In this case, however, the DWP has said it does not need to consult the SSAC because the change is too urgent for consultation, but it has not explained why it is so urgent, beyond saying there is an aim to get more people into work by the end of June.
The House of Lords Secondary Legislation Scrutiny Committee and the SSAC have questioned whether this change is really urgent, and we think DWP may not have followed proper procedures by failing to consult the SSAC.
If you are someone who is currently being asked by DWP to find work in any field within 4 weeks of making a UC claim, have previously benefited from the ability to limit your job search for 3 months while claiming UC, and think the new 4 week rule would cause you problems if you had to rely on UC again in the future, or have any other concerns about the rule change, please get in touch with your relevant organisation. CRA member organisations want to know how many of their members might be impacted by the new rule now or in the future.
#PayTheCreator
The Creators’ Rights Alliance (CRA) Pay the Creator campaign is calling for creators to be paid professionally and promptly, and to be given the same considerations enjoyed by other workers in the areas of pay, business support and policy making.
Find out how you can get involved here.
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AOI Campaign: Keep Your Copyright
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The Association of Illustrators (AOI) has launch a new campaign highlighting the importance of keeping hold of your copyright.
The AOI is calling on illustrators and commissioners to unite and push back on copyright assignments; create an open dialogue with commissioners, clients and illustrators around the importance of copyright and licensing; reduce the number of copyright assignments across the illustration industry, and encourage creators to retain the copyright in their work; and make information about copyright and licensing accessible to everyone, whether you’re a new graduate, self-taught, or just in need of a recap.
You can read more about the campaign and how to get involved here.
image © Olivier Heiligers
DCMS Inquiry: Economics of Music Streaming
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MPs launch an inquiry into the impact of streaming platforms on the wider music industry.
The Digital, Culture, Media and Sport Committee will examine what economic impact music streaming is having on artists, record labels and the sustainability of the wider music industry. The CRA submitted written evidence discussing the broader policy issues and possible solutions for the industry.
Government support for creators
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The Chancellor Rishi Sunak has responded to our letter from 29th October which outlined CRA members concerns.
Our concerns are regarding the strict eligibility criteria of the Self Employment Income Support Scheme (SEISS) that has left many creators without much-needed government support. The letter outlines the current support the government is offering to creators and the creative industries but fails to specifically address the issues raised in our letter such as expanded support for self-employed creators and the safe reopening of the sector.
Covid19 Support for Creators
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Leading creative membership organisations and trade unions call on Chancellor to fix the flawed SEISS and protect our world leading creative industries.
Speaking on behalf of almost 350,000 creative professionals the Creators’ Rights Alliance (CRA) and its members are calling on the government to offer tailored support to hard-hit creators and ensure the safe reopening of indoor venues supporting creators safely back to work.
You can read more about this here.
Tackling Unfair Payment Practices
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The CRA responded to the Government’s consultation on Increasing the Scope and Powers of the Small Business Commissioner.
The consultation sought views on strengthening the powers of the Small Business Commission on how to tackle poor and unfair payment practices towards small business and sole traders. The crisis caused by the COVID-19 pandemic has shone a light on the unfair practices that impact small businesses and freelancers in the creative industries. Our response focuses on issues of poor payment practices and unfair contract terms facing self-employed creators.
Digital Services
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The CRA responded to the European Commission consultation on the Digital Services Act package.
The consultation sought to gather views, evidence and data to shape the future rulebook for EU digital services. We responded to the Digital Services Act (DSA) consultation because it has members who work in both the UK and EU marketplace, therefore, its outcome will be relevant to our members.