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Category: Broadcasting

EU illegal IPTV research – legislative developments

As part of the Digital Single Market strategy, a directive amending the Satellite and Cable Directive has been introduced in 2019. The directive entered into force on 6 June 2019 and must be implemented in Member States’ legislations by 7 June 2021.

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EU illegal IPTV research – The protection of broadcast content

Reproduction right and the exception for temporary acts of reproduction

Linear transmission of TV content involves the reproduction of fragments of broadcast at various stages of the technical process. These fragments are temporarily stored in the decoder or in the RAM memory of the computer, depending on the technical means used to transmit the signal, and are created in the end user’s TV screen while watching the broadcast.

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EU illegal IPTV research – broadcasters’ copyright

Key Points

  • Broadcasters’ rights cover on-demand streaming but not necessarily live internet streaming.
  • Only seven Member States explicitly recognise broadcaster’s rights in live internet streaming: Austria, Czech Republic, Denmark, Finland, Romania, Sweden and the UK.

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TV channels can cut off telecom operators from their broadcast

The Russian TV channels are very concerned when their broadcast is available in internet without their permission. The ad revenues, generated by such broadcast, flow to the packets of providers making TV channels’ broadcast available in internet. Besides TV channels don’t always have online rights for certain programming they broadcast. TV channels want control online consuming of their programming, including ad revenue generating by online broadcasting, the ad revenues generated by traditional TV decreasing each year.

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IP court: making available is different from public performance

The Russian television channel (The First Channel) produces a television program famous in Russia. The program is called “What? Where? When?” where the experts answers the questions asked by the viewers. The program consists of certain amount of rounds. Between these rounds there is musical pause. In one episode of this program, during musical pause, the group of musicians has performed the song. The programs has been broadcasted and then uploaded to the web-site of the channel.

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Directive on television and radio programmes

What is the current situation for online transmission and retransmission of television and radio programmes?

Broadcasters are increasingly offering their broadcasts online (for instance through their simulcasting or catch-up services). However, such online programming often remains unavailable in other Member States, even if there is interest abroad to access it. The clearance of rights for such uses can be particularly burdensome: a broadcaster needs to obtain authorisations from various rightholders, for different categories of works and other protected content, and separately for every Member State, where the programme will be available online.

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Russian deputies proposed to create monopoly for distribution of TV content in internet

Publicly available channels are to be distributed through so called “one window” in internet according to the new recently proposed draft law. Other web-sites, which don’t participate in “one window scheme”, are to be blocked. There is already the candidate to be such “one window” operator. The draft law aims to create the single system of legal distribution for 20 publicly available channels. This system should be launched from 2020.

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Russian broadcasters proposed create one vendor for their content

They proposed it to improve distribution of their content in internet; actually they want make money on this distribution and don’t want lose financial opportunities. The operators, who currently don’t pay for distribution of such content, don’t like such proposal – it could cost them significantly.

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The law on mass media restrictions is to be amended

The Russian constitutional court decided to amend the law on mass media. The law provides property restriction for foreign citizens and overseas entities. Under the law the person with foreign citizenship (even if the second citizenship is Russian) or legal entity, incorporated outside of Russia or directly/indirectly owned by the overseas entity (more than 20%), can own or control not more than 20% of Russian mass media. Such provision of law restricts the property right in order to “protect national security” claimed legislators.

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Russian state duma introduced draft law on free satellite broadcasting

The draft law introduces amendments to Russian law on communication. The amendments aim to oblige satellite broadcasters to broadcast free of charge to households in places where the digital terrestrial broadcasting in not available. Under the Russian law each household has the right to receive certain pack of channels free of charge. As long as the analogue broadcasting is getting to be a history and not all households can receive digital signal the law aims to fix this problem.

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