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Category: EU

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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SWD IA on the EU copyright modernization – options for fair remuneration in authors’ and performers’ contracts

Baseline

No policy intervention. This option would rely on MS or self-regulation by industries at national level to impose transparency obligations on the contractual counterparties, or on industry specific agreements (resulting from collective bargaining for example) and other market developments to improve transparency.

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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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SWD IA on the EU copyright modernization – fair remuneration in contracts of authors and performers

Authors and performers face a lack of transparency in their contractual relationships as to the exploitation of their works and their performances and as to what remuneration is owed for the exploitation.

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EU research on illegal IPTV

There has been published another research on illegal IPTV consuming. Streaming is most popular way of access and consuming of content. It could be said about audio visual content as well as music. The purpose of research “was to enhance the level of understanding about the ways illegal IPTV is carried out, how the business models around this phenomenon work” and how to handle the problem with illegal IPTV. There is no sense to overwrite the whole study, but the there is some interesting thing attracting attention, like copyright infringing business models.

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SWD IA on the EU copyright modernization – impacts of third option for press publishers

As Option 2 plus introduction, in EU law, of the possibility for MS to provide that publishers may claim compensation for uses under an exception

This option would have a positive impact on all publishers, in particular book and scientific publishers but also on press publishers regarding their ability to receive compensation for uses under exceptions (notably the reprography exception). For other publishers, in particular book and scientific publishers, Option 3 is highly significant, as their publications are often used under an exception such as private copying.

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New EU study shows decreasing illegal content consumption

This study follows the first edition of the Intellectual Property and Youth Scoreboard (2016). The specific aim of the research is to understand which drivers and barriers are the strongest when acquiring online digital content or purchasing physical goods that are offered legally and illegally. The 2019 study is based on repeating the same online survey of 2016 among young people (aged 15-24) in the 28 EU Member States (EU28), to highlight the similarities and differences between then and now.

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