EU set to enhance cross-border access to online content
The EU is taking steps to increase the number of TV and radio programmes available online for European consumers. The Council yesterday adopted a directive which will facilitate the licensing of copyright-protected material contained in such programmes so that they can be made available throughout the EU.
Valer Daniel Breaz, Romanian Minister for Culture and National Identity yesterday said:
These new rules will provide wider access to online content for the European citizens and will enhance European cultural diversity, as rightholders will be adequately rewarded for their works. This is another great benefit of the EU's Digital Single Market.
Facilitating clearance of rights for online services ancillary to broadcasts
Users increasingly expect to have access to television and radio programmes at a time and place of their choice. Broadcasting organisations are therefore increasingly offering, in addition to their traditional broadcasts of television and radio programmes, online services ancillary to their broadcast. Such services consist of parallel transmissions over the Internet (simulcasting) and the possibility to view or listen to a programme later than at the time of the original broadcast (catch-up services).
In order to make these services available across borders, broadcasting organisations need to clear the rights to works and other protected subject matter contained in their broadcasts for all relevant territories. The directive will facilitate this rights clearance by allowing broadcasting organisations to clear all relevant rights in the member state of their principal establishment.
The directive covers all radio programmes, TV news and current affairs programmes as well as TV programmes which are fully financed own productions of the broadcasting organisations. Existing contracts will remain unaffected for a period of four years from the entry into force of the directive. The Commission will assess the need for extending this coverage to additional types of TV programmes six years after the entry into force of the directive.
Clearance of cross-border retransmission rights
In addition, the directive facilitates the clearance of rights where a radio or TV programme broadcast in one member state is retransmitted simultaneously, unaltered and unabridged in another member state.
It covers retransmissions carried out via cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks. It also covers retransmissions carried through the open internet provided that they take place in a managed environment, i.e. they are subject to some kind of digital identification.
For the types of retransmissions covered by the directive, the rights to works and other subject matter contained in the broadcast shall have to be cleared through a collective management society. The collective management society in question shall also be entitled to clear rights belonging to rightholders who have not transferred their rights to it.
The directive clarifies the legal status of the so-called "direct injection" technique, i.e. when a broadcaster transmits its programme-carrying signals to signal distributors in such a way that these signals are not accessible to the public during that transmission. In such a case, only a single act of communication to the public is deemed to occur. This means that both the broadcaster and the signal distributor will have to clear the underlying rights.
Following the signature and publication of the directive in the Official Journal of the EU, member states will have 24 months to transpose the new rules into their national law.
+32 2 281 85 46
+32 476 53 11 80
Latest News from
Genocide and war crimes cases rise by 1/3 in the EU in 3 years24/05/2019 11:25:00
EU Member States are giving more priority to investigating genocide and war crimes. The number of new cases rose by a third over the last three years, with 1,430 new investigations launched in 2018.
Technical standards on the reporting of intra-group transactions & risk concentration for Financial Conglomerates24/05/2019 10:33:00
The 3 European Supervisory Authorities, the EBA, the ESMA and the EIOPA have launched a consultation on draft Implementing Technical Standards (ITSs) on the reporting of intra-group transactions and risk concentration for Financial Conglomerates.
General Data Protection Regulation: one year on23/05/2019 16:37:00
On 25 May 2019, the General Data Protection Regulation will celebrate its first year of entry into application. To mark the occasion, Andrus Ansip, Vice-President for the Digital Single Market and Věra Jourová, Commissioner for Justice, Consumers and Gender Equality, issued a statement.
Fairness in the food supply chain: EC proposes to increase price transparency23/05/2019 15:25:00
Having banned unfair trading practices and improved producer cooperation, the EC is presenting the third element to improve fairness in the food supply chain by introducing greater transparency in the way prices are reported throughout the chain.
How to measure the condition of Europe's ecosystems?23/05/2019 14:37:00
The European Environment Agency’s (EEA) new analysis looks at how to measure the condition of Europe’s natural capital and provides a first overview of the state & trends of Europe’s ecosystems. The report also highlights the need for better data on the condition of ecosystems in Europe.
Young people and the future of work: Council conclusions23/05/2019 13:25:00
The Council has adopted conclusions on young people and the future of work. The conclusions highlight insecurity, the lack of social protection and precarious working conditions as the main problems facing young people in the current and future labour environment.
Roll-out date for safer, more aerodynamic lorry cabs confirmed by Council23/05/2019 12:37:00
Lorries with rounder cabin noses are set to make their way onto European roads from 1 September 2020, as the Council today signed off on the earlier introduction of the safer and greener design.
Council adopts remaining files on electricity market & Agency for the Cooperation of Energy Regulators23/05/2019 12:07:00
The EU has completed the overhaul of its energy policy framework, which provides the regulatory preconditions for the transition to clean energy and sets the EU on the path towards achieving its Paris Agreement commitments.
EC welcomes Council final adoption of new rules on single-use plastics to reduce marine plastic litter22/05/2019 16:37:00
The Council of the EU has adopted the ambitious measures proposed by the EC to tackle marine litter coming from the 10 single-use plastic products most often found on European beaches, as well as abandoned fishing gear and oxo-degradable plastics.