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EU public consultation on Satellite and Cable Directive – evaluation of existing rules applicable to clearance of copyright and related rights for the simultaneous cable retransmission.

First, respondents were asked about the existing rules applicable to clearance of copyright and related rights for the simultaneous cable retransmission. Second, respondents were asked about the impact of a possible extension of the mandatory collective management regime to different forms of online simultaneous retransmissions.

Evaluation of the current provisions (de)

The majority of respondents consider that the Directive has facilitated the clearance of rights for the simultaneous retransmission by cable of programmes broadcast from other Member States and has helped consumers to have more access to broadcasting services across borders. The few consumers who have replied to the questions related to cable retransmission have a rather negative view of the effectiveness of the current provisions and the degree to which they increased consumers’ access to broadcasting services. Some of them stress the existence of gaps in the offer of channels on cable networks. Member States / public authorities consider that the Directive has facilitated the clearance of rights for cable retransmission and has helped increasing consumers’ access to broadcasting services across the EU. Some, however, underline that sometimes it is not clear which rights are managed by collective management organisations and which are managed by broadcasters.

The majority of right holders do not think that the current cable retransmission rules have either facilitated the clearance of rights or have resulted in greater consumers’ access to broadcasting services across the EU. Phonogram producers, music publishers and audiovisual producers consider that they are adversely affected by these rules, because they cannot issue licences on fair market terms. Some right holders highlight the limited consumer demand for cross-border access to audio-visual content services or the limited business demand for foreign TV channels or multi-territorial licences. Respondents representing authors and performers have a much more positive view. The vast majority of collective management organisations (CMOs) consider that the Directive has facilitated the clearance of rights and has helped increasing consumers’ access to broadcasting services across the EU.

Similarly, a clear majority of broadcasters evaluate positively the current provisions and their role in ensuring consumers’ access to broadcasting services across the EU. This is especially the case for public service broadcasters. However, some commercial broadcasters point to the scope for double payments in case CMOs assert their rights to license all rights irrespective whether they have been transferred to broadcasters or not. Finally, the majority of other service providers (including cable operators) also consider that the Directive has facilitated the clearance of rights and has helped increasing consumers’ access to broadcasting services across the EU. Still, according to some of them, it is not always clear which rights are managed by CMOs and which by broadcasters.