Broadcasting | Dekuzu

SWD IA on EU copyright modernisation – impacts of first option for digital retransmission

Published 30th January 2018

Option 1 – Mandatory collective management of rights to retransmission of TV / radio broadcasts by means of IPTV and other retransmission services provided over “closed” electronic communications networks

Option 1 would enhance the level of legal certainty for the benefit of a specific category of retransmission services – those provided over “closed” electronic communications networks – and can be expected to contribute to a better offer of such services, depending on market situations in particular MS.

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SWD IA on EU copyright modernisation – impacts of baseline option for digital retransmission

Published 23rd January 2018

The legal uncertainty as to whether all rights relevant for the retransmission have been cleared faced by the retransmission service providers other than cable is expected to persist under the baseline option. As a result, those service providers can be expected to continue limiting their retransmission offers. Moreover, in view of the legal uncertainty, some market players might hesitate to launch innovative retransmission services or delay the launch in order to deal with licensing.

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SCF v Marco Del Corso – opinion of advocate general

Published 16th January 2018

In the present case, the parties are in dispute in particular as to whether the principles developed in SGAE ruling, which concerned copyright and hotel bedrooms, can be applied by analogy to the related rights of phonogram producers and performers, where a radio broadcast in which phonograms are used is audible in a dental practice. The referring court wished to know, first of all, whether a dentist who makes radio broadcasts audible in his practice is required to pay equitable remuneration for the indirect communication to the public of phonograms communicated in the radio broadcasts.

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SWD IA on EU copyright modernisation – considered options for digital retransmissions

Published 15th January 2018

Non-regulatory options are not considered because they would not be sufficient to achieve the objectives. Their effectiveness would be similar to the baseline scenario, and they would not provide the necessary degree of legal certainty.

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SWD IA on EU copyright modernisation – digital retransmissions of TV and radio programmes

Published 6th January 2018

The problem is that the providers of retransmission services face practical difficulties with the acquisition of rights for retransmission of TV and radio channels from other Member States by means other than cable.

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SCF v Marco Del Corso – background proceedings

Published 29th December 2017

Società Consortile Fonografici (SCF) is a copyright management society for Italy and abroad. It represents performers and phonogram producers. SCF conducted negotiations with the Associazione Dentisti Italiani (Association of Italian Dentists) with a view to concluding a collective agreement quantifying the relevant equitable remuneration within the meaning of Articles 73 or 73a of the Law on copyright for the communication of phonograms, including distribution in private professional practices whatever the technique used.

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of third option

Published 26th December 2017

The core difference between Options 2 and 3 is that Option 3 also covers online linear TV and radio-like transmissions (webcasting services) and online services ancillary to webcasting. One general challenge in assessing impacts of this option is the fact that webcasting market (in the sense of online-only, linear TV or radio-like services) is at a development stage and not yet fully formed.

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of second option

Published 18th December 2017

This option would simplify the clearance of rights needed for cross-border online transmissions: broadcasters would only need to clear the rights for the country of origin while they would be able to offer their services in the entire EU. However, Option 2 entails a limited risk of disaggregation of repertoire currently managed by CMOs, which would have a negative effect on transaction costs (broadcasters would have to negotiate with individual rightholders instead of CMOs).

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of first option

Published 14th December 2017

Option 1 could facilitate the clearance of rights and reduce transaction costs for cross-border online transmissions only on the basis of voluntary agreements concluded between rightholders, CMOs and broadcasters. The effectiveness of such agreements would depend on the sectors’ willingness to license rights collectively (which may be limited in the case of AV works).

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of baseline option

Published 4th December 2017

Under the baseline scenario, broadcasters would continue facing high transaction costs linked to licensing of rights for cross-border online transmissions, including for their own programmes. Existing voluntary initiatives aimed at promoting the aggregation of rights and the granting of multi-territorial licences could nevertheless contribute to facilitating the clearance of rights for musical works and phonograms used in in radio and TV broadcasts.

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Category: Broadcasting