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DLI Workshop - Online retransmission

Workshop - Online (re)transmission of TV programmes

Published: 15/09/2017

© Maja Cappello

The proposal for a Regulation laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes (Regulation Proposal), adopted by the European Commission on 14 September 2016, proposes to introduce the principle of the country of origin (COO) for certain types of online transmissions of TV and radio programmes, such as simulcasting and catch-up services, with the goal of facilitating the licensing of content online by broadcasters and ultimately to increase cross-border access to broadcasters’ online services in the Digital Single Market.

It also introduces a mandatory collective management system for the clearance of rights for retransmissions of TV and radio programmes provided by means other than cable, on equivalent closed networks, with the objective of facilitating the use of programmes by third-party platforms.

Under the new rules, for the purpose of clearing rights for some online transmissions by broadcasters, the rights of communication to the public, making available and reproduction will be deemed to take place solely in the member state in which the broadcasting organisation is established.

In this way, the broadcasting organisation would only have to clear the rights necessary for the member state in which it has its principal establishment. However, the licences granted under the COO principle would have to take into account all aspects of such online services, including the audience and the language versions of the programmes.

A round-table workshop was held on 21 June in Brussels in order to discuss certain aspects of the Regulation Proposal. The workshop was organised, and the discussion facilitated by the European Audiovisual Observatory (Strasbourg) upon request of the European Commission. This publication summarises the main points of the discussion and should not be considered as an exhaustive report of all that was said during the workshop.

You will find here the summary of the discussions held during the workshop, including links to the presentations made by the participants.
 

Opening of the Workshop

Susanne Nikoltchev, Executive Director, European Audiovisual Observatory

Giuseppe Abbamonte, Director of Media Policy at DG CONNECT

Panel 1 - Cross border access to broadcasters’ online services

Session 1 - Scope and main obstacles to cross-border access to broadcasters’ online services

Chair: Francisco Javier Cabrera Blázquez, Legal analyst, European Audiovisual Observatory

Snapshot presentation 1: Which services and content are offered online by broadcasters? Link to the presentation
Gilles Fontaine, Head of Department for market information, European Audiovisual Observatory

Snapshot presentation 2: Insight into the clearing of rights for TV programmes by broadcasters Link to the presentation
Jan Bernd Nordemann, Honorary Professor, Humboldt University Berlin, Partner, Boehmert & Boehmert Law Firm

 

Session 2 - Possible impact of extending the country of origin principle to broadcasters' ancillary online services

Chair: Maja Cappello, Head of Department for legal information, European Audiovisual Observatory

Snapshot presentation 3: The extension of the country of origin principle to broadcasters' ancillary online services Link to the presentation
Bernt Hugenholtz, Professor of Intellectual Property Law, Institute for Information Law of the University of Amsterdam

 

Panel 2 - Possible impact of extending the country of origin principle to broadcasters' ancillary online services

Chair: Maja Cappello, Head of Department for legal information, European Audiovisual Observatory

Session 1 - Scope and impact of introducing mandatory collective management to retransmission services operating by means other than cable

Chair: Sophie Valais, Legal analyst, European Audiovisual Observatory

Snapshot presentation 4: The impact of mandatory collective management on the exercise of retransmission rights Link to the presentation
Oleksander Bulayenko, Researcher, Centre for Intellectual Property Studies, University of Strasbourg

 

Session 2 - Questions related to transmissions using the 'direct injection' technique

Chair: Maja Cappello, Head of Department for legal information, European Audiovisual Observatory

Snapshot presentation 5: National and EU case law on direct injection Link to the presentation
Sari Depreeuw, Professor of Intellectual Property Law, Saint-Louis University of Brussels

 

Wrap-up by the European Commission

Marco Giorello, Acting head of Unit, Unit I2, Copyright, DG CONNECT

 

Closing of the workshop by the EAO

Susanne Nikoltchev, Executive Director, European Audiovisual Observatory