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Directors’ Right to Annual Audit Information

June 8, 2022

Today the deadline has passed for EU countries to implement the Directive on Copyright in the Digital Single Market. From today, producers across Europe are now legally obliged to issue directors with an annual, detailed, breakdown in writing of the profits and losses from all productions to which directors have contributed. This will have a particular emphasis on “(…) modes of exploitation, all revenues generated and remuneration due.”

We recommend that directors use the following or equivalent phrase in correspondence with Irish/EU producers, one year after the contract was concluded, this applies to past productions:

“Dear [Producer Name], as the director and first contractual counterpart of the project (insert title) please can you send me a description of how (title) has been exploited and an itemised euro value of any additional revenues that have been generated as defined in regulation 27 of Statutory Instrument 567 of 2021.”

As outlined in the SDGI rights guide we recommend that directors continue to include the clause below in their contracts:

The Producer shall provide the Director, at least once a year, with a clear and detailed description (set of accounts/ gross audit report) of how the work has been exploited worldwide, as set out in Regulation 27 of S.I. No. 567/2021.

For more information on other aspects of your contract see the SDGI Rights Guide.

https://sdgi.ie/wp-content/uploads/Copryright-for-Directors-.pdf

 

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