Creativity Works! urges policymakers to support future proof solutions in negotiations on DCD


Ahead of this week’s technical meeting on the Directive for Digital Content (DCD), Creativity Works, a leading European coalition of the cultural and creative sectors in which Video Games Europe is part of, would like to express its support to the European Parliament, Council and Commission for the progress made on this draft Directive aiming to strike a fair balance between the interests of consumers who receive digital products and the interests of businesses who provide them.


We understand that only a few issues remain to be settled. CW! members would like to reiterate to the negotiators to take into consideration the implications of the Directive for Europe’s cultural and creative sectors:



  •  It is essential that the DCD does not interfere with EU and international copyright laws, as acknowledged in the provisional agreement negotiators have reached on Recital 21 and Article 3, paragraph 8a.
  • Embedded digital content should not be included in the proposal at this late stage. It would have far-reaching consequences for both suppliers and consumers. The impact of extending the scope of the draft Directive to this area is unclear as it has not been properly assessed. Moreover it could lead to a great deal of confusion when determining the liability of producers of goods or suppliers of content. Consumers should, however, receive “digital” rights for digital content supplied on a tangible medium, as this is fair and not difficult to implement in practice.
  • On long-term contracts, the Austrian Presidency has recently circulated to Member States, following the strong wish expressed by a considerable number of delegations, a new draft of Article 16.1.a and Recital 46 (dated 19 July), with the aim of providing for a more general compensation rule. This text is in line with the Parliament’s position. CW! urges lawmakers to support this solution. Many creative businesses do not provide any equipment or almost exclusively rent equipment to their customers (such as for example a decoder) because it cannot be used and has no practical value outside of a subscription. With a more general compensation rule, cultural and creative industry would be able to plan large investments in content with more certainty. In exchange, consumers get wider choice, free services offered and significant reductions in monthly fees. The model is a win-win for consumers, business and cultural diversity.
  • After a long debate in both the European Parliament and the Council, a carefully balanced approach has been reached on the role of data, which takes into account the interests of both business and consumers. CW! urges policymakers not to introduce any new concepts at such an advanced stage of the process.
  • CW! supports the Council’s approach on the Burden of Proof provisions. Businesses should bear the burden of proof to demonstrate conformity for one year only.


About Creativity Works! 

Video Games Europe, along with others organisations, federations and associations from the European cultural and creative sectors have formed a coalition: Creativity Works!. Its objective is to foster an open and informed dialogue with EU policy-makers about the economic and cultural contribution made by creators and the cultural and creative sectors in the digital age. Members are brought together by a sincere belief in creativity, creative content, cultural diversity and freedom of expression. 

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