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Five common mistakes in transparency reports, and how to avoid them

From 2026 onwards, every producer releasing film or TV content in the EU must be able to show authors and performers how their work is being exploited. Here’s what that means in practice, and how to prepare without the last-minute rush.

What is the transparency obligation?

Article 19 of the EU Directive on Copyright in the Digital Single Market (DSM) gives authors and performers the right to receive up-to-date, relevant and comprehensive information on the exploitation of their works. In most countries this has now been implemented in national law, read our u003ca href=u0022#u0022u003ecountry overviewu003c/au003e for the details.rnrnu0026nbsp;rnrnIn short: if you contract creative talent, you need to be able to tell them where, how and with what revenue the production is being used, at least once a year.

Who has to report?

u003culu003ern tu003cliu003eThe producer who contracted the authors and performersu003c/liu003ern tu003cliu003eCo-producers, for the share of rights they controlu003c/liu003ern tu003cliu003eSub-licensees, when the producer doesn’t hold the information themselvesu003c/liu003ernu003c/ulu003e

“Transparency isn’t a box-ticking exercise. Producers who set up a clear process now will save themselves a lot of work, and build trust with their talent.”

— Copyright lawyer, Fieldfisher
  1. 1 The modes of exploitation (broadcast, streaming, cinema, DVD)
  2. 2 The territories and periods in which the work is exploited
  3. 3 The revenues generated and any remuneration due
On set: talent information is easiest to capture at the start of a production.
On set: talent information is easiest to capture at the start of a production.

How often do you need to report?

u003culu003ern tu003cliu003eThe producer who contracted the authors and performersu003c/liu003ern tu003cliu003eCo-producers, for the share of rights they controlu003c/liu003ern tu003cliu003eSub-licensees, when the producer doesn’t hold the information themselvesu003c/liu003ernu003c/ulu003e

Key takeaway

Start collecting talent and exploitation data at contract stage. It turns the yearly report into a five-minute job instead of a five-week project.

Tags: Article 19 EU DSM Directive Producers
Written by Cleriti Legal Team
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