Directive (EU) 2019/789 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations

Summary:

Directive of the European Parliament and of the Council of 17 April 2019 on copyright and related rights applicable to online transmissions and retransmissions of television and radio programmes.

Further information:

The objective of the Directive is to promote cross-border provision and access of online services ancillary to broadcasts, and to facilitate digital retransmissions over closed networks of TV and radio programmes originating in other Member States, by adapting the EU legal framework.

The new Directive aims to complement the existing Directive 93/83/EEC (Satellite and Cable Directive), which already facilitates cross-border satellite broadcasting and retransmission by cable of TV and radio programmes from other Member States. By addressing the difficulties related to the clearance of rights, it creates the conditions allowing broadcasters and operators of retransmission services to offer wider access to TV and radio programmes across the EU.

The legislation was proposed by the European Commission in September 2016 in the framework of the Digital Single Market (DSM) strategy and as part of a legislative package aimed at the modernisation of EU copyright rules. The European Parliament's plenary session adopted its negotiating position on 12 December 2017, and the Council of the European Union adopted its general approach on 15 December. Following a long series of negotiation rounds, the co-legislators reached an informal agreement on a compromise text on 13 December 2018. The Parliament formally endorsed this on 28 March 2019, followed by the Council on 15 April.

Official

EUR-Lex: COM(2016)594: Proposal for a Regulation laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2016:594:FIN

EUR-Lex: SWD(2016)301: Impact assessment accompanying COM(2016)594 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:301:FIN

EUR-Lex: SWD(2016)302: Executive summary of the impact assessment accompanying COM(2016)594 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:302:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2016/0284(COD)

European Parliament: Legislative Train: Modernisation of European copyright rules: Regulation on online transmissions of broadcasting organisations and retransmissions of television and radio programmes http://www.europarl.europa.eu/legislative-train/theme-connected-digital-single-market/file-jd-regulation-on-online-transmissions

European Parliament: Press Release, 21/11/2017: More online TV and radio across borders http://www.europarl.europa.eu/news/en/press-room/20171121IPR88503/

Council of the European Union: Press Release, 15/12/2017: Online cross-border TV and radio broadcasts: Council agrees negotiating stance https://www.consilium.europa.eu/en/press/press-releases/2017/12/15/online-cross-border-tv-and-radio-broadcasts-council-agrees-negotiating-stance/

European Commission: Press Release, 13/12/2018: Digital Single Market: EU negotiators agree to facilitate access to online TV and radio content across borders http://europa.eu/rapid/press-release_IP-18-6541_en.htm

European Parliament: Press Release, 13/12/2018: Online radio and news broadcasts: Parliament and Council reach deal http://www.europarl.europa.eu/news/en/press-room/20181126IPR20132/

European Commission: Statement, 28/03/2019: Commission welcomes European Parliament's vote on new rules facilitating access to online TV and radio content across borders http://europa.eu/rapid/press-release_STATEMENT-19-1888_en.htm

European Commission: Fact Sheet, 28/03/2019: Directive on television and radio programmes [Q&A] http://europa.eu/rapid/press-release_MEMO-19-1889_en.htm

Council of the European Union: Press Release, 15/04/2019: EU set to enhance cross-border access to online content https://www.consilium.europa.eu/en/press/press-releases/2019/04/15/eu-set-to-enhance-cross-border-access-to-online-content/

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News

EurActiv, 12/12/2017: Broadcasting rules bring new dramatic twist to digital single market talks https://www.euractiv.com/section/digital/news/broadcasting-rules-bring-new-dramatic-twist-to-digital-single-market-talks/

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Commentary and Analysis

University of Leuven: Centre for IT & IP Law, 02/05/2018: Cross-border content access: What happened to the SatCab regulation? https://www.law.kuleuven.be/citip/blog/cross-border-content-access-what-happened-to-the-satcab-regulation/

European Broadcasting Union, 26/11/2018: Modernising retransmission rights will broaden citizens' access to programmes https://www.ebu.ch/publications/modernising-retransmission-rights-will-broaden-citizens-access-to-programmes

Society of Audiovisual Authors, 06/02/2019: Broadcasting and retransmissions – from a bad proposal to a hopeful directive https://www.saa-authors.eu/en/blog/565-broadcasting-and-retransmissions---from-a-bad-proposal-to-a-hopeful-directive#.XJ4UqtjgqUl

European Broadcasting Union, 28/03/2019: EBU on SatCab: good that retransmission is modernised but it could have gone further https://www.ebu.ch/news/2019/03/ebu-on-satcab-good-that-retransmission-is-modernised-but-it-could-have-gone-further

EPRS: Briefing, March 2019: Regulating online TV and radio broadcasting http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2018)620217

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