The European Commission is asking whether EU rules which define where and how satellite broadcasters and cable companies should clear copyright are up-to-date, in a public consultation launched today.

 

It is also seeking views on the impact of extending these rules to cover broadcasters' services (including TV and radio) provided over the Internet, This consultation is part of a broader review of the 1993 EU Satellite and Cable Directive, one of the 16 initiatives announced in the Commission's plan for the Digital Single Market. In particular, the Commission aims to enhance cross border access to broadcasting and related online services across the EU. Removing barriers in the Digital Single Market will reward creation, and strengthen Europe's creative and broadcasting sector, while giving consumers access to a wider variety of works, especially across borders.

 

The Satellite and Cable Directive facilitates the clearing of copyright and related rights for satellite broadcasting and cable retransmission in order to improve the cross-border transmission and reception of broadcasting services.

 

Specifically, the Directive outlines how and where copyright and related rights should be acquired:

 

For satellite, rights are acquired for the EU country where, under the control and responsibility of the broadcasting organisation, the uplink (which sends the programme signal to the satellite for its communication to the public) takes place. Under this "country of origin" principle, rights cleared in one country allow the broadcasting organisations to broadcast to the whole of the EU. In determining the licence fees, parties should take into account the actual and potential audience including, if relevant, the audience located outside of the uplink country  

 

For cable retransmission, operators who want to include broadcasts from other countries in the packages which they offer to customers, have to obtain the rights through collective management organisations or broadcasters. To facilitate the acquisition of these rights by cable operators, the Directive obliges authors, producers and performers to exercise their exclusive rights through a collective management organisation. However, broadcasters can licence directly to cable operators their own rights or the rights that have been transferred to them.

 

Read the full article here

 

Press release by European Comission