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Day: 14 June 2016

Ministers from different EU countries have written the letter to Andrus Ansip concerning online platforms

The development of new digital technologies, behavioural patterns and business models is challenging the status quo and raising questions about how platforms function within the Digital Single Market. The European Commission is rightly emphasising the importance of this issue and collecting evidence as the basis for a comprehensive analysis of the role of online platforms within the Digital Single Market Strategy.

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Proposal for a regulation of the cross-border portability of online content services in the internal market – territoriality of rights in content

In order to ensure that providers of online content services which are provided against payment of money comply with the obligation to provide cross-border portability of their services without acquiring the relevant rights in another Member State, it is necessary to stipulate that those providers which lawfully provide portable online content services against payment of money in the Member State of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another Member State.

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Netflix’ public comment on collective management rules review

Netflix has engaged in negotiations over license fees and terms with each of ASCAP and BMI in order to secure licenses for the public performance of copyrighted musical works embedded in the programming it transmits to viewers. Since the inception of its streaming service, Netflix has relied upon the ASCAP and BMI rules to secure interim licenses upon request pending the negotiation of final agreements with ASCAP and BMI. And Netflix has conducted its negotiations with ASCAP and BMI with the knowledge that, if negotiations reach an impasse, it can rely upon the provisions of the current rules providing for federal “Rate Court” jurisdiction over ASCAP and BMI to secure reasonable license fees and terms.

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