The combined application of the preferred options would affect all types of stakeholders differently, but is not expected to result in any disproportionate impact on a specific category of stakeholders.
As a result of an in-depth analysis based on the existing evidence and stakeholder consultation, a package of options has been chosen. The wide scope of the package aims to provide clear benefits to consumers / users (measures related to wider access to content and to exceptions) and rightholders (measures related to the better functioning of the online copyright marketplace); in addition the balance between the interests of consumers / users and rightholders has been taken into account in determining the preferred policy option for each topic.
Rightholders
As a result of the preferred options for “Ensuring wider access to content”, rightholders would face new conditions for the licensing of rights to broadcasters for their ancillary online services (country of origin) and for the licensing of rights to certain retransmission services (mandatory collective management). The targeted nature of the measures proposed would mitigate potential negative impacts for rightholders.
Rightholders would benefit from the licensing mechanisms to facilitate the clearing of rights in EU AV works for use on VoD platforms and for the digitisation and dissemination of out-of-commerce works in cultural heritage collections for the purpose of better dissemination of their works and revenue opportunities.
Following the intervention for “Adapting exceptions to digital and cross-border environments”, rightholders would need to take account of the scope of the new exceptions on teaching, TDM and preservation when licensing their content to institutional users.
Potential negative impacts would be mitigated by several relevant factors (e.g. the TDM option being based on the lawful access condition and allowing rightholders to take proportionate technical measures to ensure the security of their content, the teaching option allowing flexibility for MS to take account of the existing licensing arrangements, the preservation exception applying only to the works already in the collections of CHIs).
The intervention for “Achieving a well-functioning market place for copyright” would have as a consequence the possibility for rightholders to better control the presence of their content on user uploaded content services. The solution envisaged for publishers would give press publishers legal certainty and additional bargaining power in relation to online services, and would enable MS to allow all publishers to claim compensation for uses under exceptions of rights transferred by authors.
Authors and performers would benefit from increased transparency on the exploitation of their works and performances and from improved capability to receive appropriate remuneration, while their contractual counterparts (notably producers and publishers) would have to comply with the new reporting obligations.
Broadcasters and retransmission services
Pursuant to the intervention on “Ensuring wider access to content”, broadcasters (as far as their online transmissions ancillary to the initial broadcasts are concerned) – and retransmission services operating by certain means other than cable – would benefit from simpler and faster clearance of rights.
The reduction of transaction costs resulting from the proposed intervention would encourage broadcasters and retransmission services to better exploit the opportunities of the Digital Single Market. As rightholders themselves, broadcasters would be subject to the same impacts as other rightholders.
Online service providers
VoD platforms would be able to submit contractual blockages for obtaining online rights to the negotiation forum proposed as part of the preferred options under “Ensuring wider access to content”.
As a result of the intervention for “Achieving a well-functioning market place for copyright”, online services storing and giving access to large amounts of content uploaded by users would have to use the necessary means to identify protected content and provide more transparency.
This would help creating a level-playing field with other online content service providers. Online services such as news aggregators or social media services would need to secure the agreement of press publishers to use their content.
Consumers
They are expected to benefit from wider access to TV and radio programmes online, when broadcasters and retransmission services make use of the licensing arrangements as per the preferred options of the “Ensuring wider access to content” part of this IA.
Consumers are also expected to benefit from a greater availability of EU AV works on VoD platforms across MS, when the negotiating mechanisms proposed under the same section help rights’ negotiations.
Also as part of “Ensuring wider access to content”, the measures to facilitate the dissemination of out-of-commerce works would provide consumers with access to content that would otherwise be unavailable to them, nationally and across borders.
Institutional users
Cultural heritage institutions, research institutions and educational establishments would benefit from higher legal certainty when using protected content for specific purposes (respectively, preservation, TDM and illustration for teaching), as a result of intervention under “Adapting exceptions to digital and cross-border environment”.
Cultural heritage institutions would benefit from easier licensing solutions for the digitisation and dissemination of out-of-commerce works in their permanent collections, as outlined under “Ensuring wider access to content”. This would reduce their rights clearance transaction costs and support them in making out-of-commerce works available across borders.
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