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Category: EU

SWD IA on the EU copyright modernization – Out-of-commerce works

Would it be necessary in your country to enact legislation to ensure that the results of the 2011 MoU (i.e. the agreements concluded between libraries and collecting societies) have a cross-border effect so that out of commerce works can be accessed across the EU?

Would it be necessary to develop mechanisms, beyond those already agreed for other types of content (e.g. for audio- or audio-visual collections, broadcasters’ archives)?

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Research on illegal IPTV in EU – Civil enforcement measures, injunctions

Irrespective of establishment of liability, EU law ensures that rights holders have the possibility to apply for an injunction against intermediaries whose services are used by third parties to infringe their Intellectual property rights (IPR).

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Analysis of the combined application of the preferred options

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.

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Research on illegal IPTV in EU – enforcement measures

Key points:

  • Rights holders can avail of civil enforcement measures against both direct infringers and intermediaries.
  • A wide spectrum of blocking injunctions can be sought against internet access providers to repress IPTV infringements.
  • Internet intermediaries can receive orders to disclose information on infringers; however, disclosure of information on end-users of illegal IPTV services may not be compatible with EU data protection law.
  • Criminal measures are also available in all EU Member States against IPTV infringers on a commercial scale.
  • Import and sale of IPTV devices may be prohibited on the ground of non-compliance with EU standards on radio equipment.

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SWD IA on the EU copyright modernization – impacts of third option for fair remuneration of authors and performers

Imposing transparency obligations on the contractual counterparty of creators supported by a contract adjustment right and a dispute resolution mechanism

I. Contract adjustment mechanism

This mechanism would improve the effectiveness of the reporting obligation under Option 2 since it would provide creators with legal means to request adjustment of the remuneration on the basis of the information received in reporting statements.

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EU illegal IPTV research – the actors of the illegal IPTV ecosystem

Another part of fundamental EU research on IPTV. Now – actors and ecosystems participants. The ecosystem for unauthorised IPTV includes several actors. They consist of primary infringers (the providers of the unauthorised content), a series of active and passive intermediaries, and final consumers. In addition, a number of facilitators and enablers can also be involved by giving instructions and providing tutorials for the installation of middleware — software instrumental for the fruition of the unauthorised content.

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SWD IA on the EU copyright modernization – impacts of second option for fair remuneration of authors and performers

Imposing transparency obligations on the contractual counterparty of creators

The reporting obligation would greatly decrease the information asymmetry as creators would receive the relevant information on the uses of their works and the corresponding revenues. As a direct impact, the enforcement of contracts would become much easier and effective, particularly in the case of royalty-based remuneration arrangements because the correct payment of remuneration could be verified.

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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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SWD IA on the EU copyright modernization – impacts of baseline and first option for fair remuneration of authors and performers

Baseline

The problem of information asymmetry is not likely to be resolved by market developments, including self-regulation, or MS legislation. Problems for creators as regards lack of information on the exploitation and revenues generated by their works will continue in a number of MS and the cross-border aspects of the problem will not be addressed.

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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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