Controversy is escalating in Egyptian artistic circles over the activation of the public performance right for scriptwriters, directors, and performers, at a time when artistic unions support its application as one of the rights guaranteed by the Intellectual Property Protection Law, while the Cinema Industry Chamber rejects it, considering it imposes additional burdens on producers without a legal basis.

This comes after the Senate moved to activate this right, which allows authors, directors, and performers to receive financial compensation when their works are re-shown or exploited through cinemas, television and radio channels, and digital platforms, according to the provisions of the Intellectual Property Protection Law.

Cinema Industry Chamber: No Unified Contracts, Producer Holds Exploitation Rights

The Cinema Industry Chamber announced its rejection of the proposal to adopt a unified contract with members of artistic unions, which was put forward as a first step to implement the public performance right, stressing that its priority is to protect the interests of producers and maintain the stability of the film industry.

The Chamber, chaired by producer Hisham Abdel Khaleq, said that the Intellectual Property Protection Law does not require the use of unified contract templates, nor does it prohibit agreeing to waive the public performance right as it is a transferable financial right, unlike moral rights which cannot be waived.

It added that the producer bears full responsibility for financing and producing the work, and is the holder of the exploitation rights during the agreed period, including its display and investment by all means, unless the contract stipulates otherwise.

The Chamber confirmed that current contracts are based on the principle of 'the contract is the law of the contracting parties,' and any waiver of the public performance right is in exchange for the agreed fee with the artist, author, or director.

It also stressed that cinemas, digital platforms, or satellite channels cannot be demanded to pay for previously produced works unless the rights holders explicitly retained that right in their contracts, noting that producers continue to pay the statutory dues to unions for the contracts of workers in artistic works.

The Chamber called for considering the economic conditions facing the film and drama industry, given rising production costs and fees for some artistic elements, emphasizing the importance of cooperation among all parties to preserve the future of the industry.

Yasser Galal: Senate Decided on Performers' Entitlement

For his part, actor and Senate member Yasser Galal told Al-Sharq that the council's approval of the competent committee's report came after extensive legal discussions, considering that the council affirmed the entitlement of authors and related rights holders, including performers, to the public performance right.

He added that the council's decision settled the matter legislatively, enhancing the protection of moral and financial rights of performers.

The head of the Acting Professions Syndicate, Ashraf Zaki, told Al-Sharq that the syndicate will hold a meeting with its members to develop a unified vision, followed by a meeting with the board of the Cinema Industry Chamber to explain the proposed contract's clauses and clarify points of disagreement.

He explained that reaching a consensus formula will not happen quickly, but requires study and discussions among all parties to arrive at a contractual mechanism that balances rights and obligations.

In turn, the head of the Drama Writers Association, screenwriter Ayman Salama, said that the public performance right is not a new concept, noting that steps to implement it date back to the 1940s, and that the Intellectual Property Protection Law and its executive regulations stipulate that authors receive financial compensation when their works are rebroadcast, along with related rights holders such as directors and performers.

He added that re-showing films or series via satellite channels or digital platforms falls within the scope of this right, explaining that each country sets its own tariff, and revealing that the Egyptian Intellectual Property Office is currently working on preparing the Egyptian tariff, benefiting from the experiences of countries applying the system, including Morocco.

Joint Statement by the Association of Children of Egyptian Artists and the Association of Drama Authors

In the latest development, the Association of Children of Egyptian Artists, chaired by Counselor Madi Tawfiq al-Daqn, and the Association of Drama Authors, chaired by screenwriter Ayman Salama, issued a joint statement responding to the Cinema Industry Chamber's position, affirming that the public performance right is a legal right for all partners in the cinematic work, including the author, scriptwriter, dialogue writer, director, composer of the soundtrack, in addition to performing artists (actors), according to the Intellectual Property Protection Law and international agreements to which Egypt is committed.

The statement added that the film producer will not bear any additional financial burdens as a result of implementing the public performance right, explaining that the law charges the exploitation entities, such as cinemas, television channels, and digital platforms, with the responsibility of paying those rights, which are calculated according to percentages linked to exploitation revenues, in line with international standards.

The statement stressed that the goal of the current moves is not to enter into a confrontation with producers, but to activate the legal provisions regulating authors' rights and related rights, ensuring that creators receive continuous returns from the re-exploitation of their works throughout the legal protection period, in addition to the fee they receive when the work is produced. It also emphasized that the Union of Artistic Syndicates and the Cinematographic and Acting Professions Syndicates represent the professional reference in defending the rights of their members and working to approve model contracts that achieve balance among all industry parties.

Legislative Framework

Art critic Tarek El-Shennawy believes that the public performance right is applied in several countries, but in Egypt it needs a clear legislative and executive framework that defines beneficiaries and entitlement mechanisms.

He added that performers' rights fall under related rights to intellectual property rights, and reaching a fair mechanism to implement them requires time and legislation that regulates the relationship among all parties of the creative process, ensuring the preservation of their rights.