Directive on Online Transmissions Of

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MODERNISATION OF EUROPEAN COPYRIGHT RULES: DIRECTIVE ON ONLINE TRANSMISSIONS OF BROADCASTING ORGANISATIONS AND RETRANSMISSIONS OF TELEVISION AND RADIO PROGRAMMES [ ARRIVED ] > DESCRIPTION OF DIGITAL SINGLE MARKET PACKAGE > BETTER ACCESS TO DIGITAL GOODS & SERVICES

CONTENT

For a brief overview of the key points of the adopted text and its significance for the citizen, please see the corresponding summary note.

Digital technologies have radically changed the way creative content is accessed, produced and distributed. EU internet users increasingly listen to music, watch videos and play games online. Many of them, especially the youngest, expect to do so while they travel in the EU. The new digital environment has an impact on both users and the creative industries, and represents a challenge to the implementation of coherent copyright legislation throughout the EU.

On 14 September 2016, in line with the digital single market strategy, the European Commission presented a legislative package for the modernisation of the EU copyright rules including a new regulation on online transmissions of broadcasting organisations and retransmissions of television and radio programmes to complement the existing Satellite and Cable Directive.

The proposal for a regulation on online transmissions was referred to the European Parliament Committee on Legal Affairs (JURI), which appointed Tiemo Wölken (S&D, Germany) as rapporteur (in replacement to Dietmar Köster (S&D, Germany) previously appointed) in October 2016. Pavel Svoboda (EPP, Czech Republic) has been appointed new rapporteur on 15 January 2018. The Culture and education committee (CULT) was an Associated committee. The European Parliament's Legal Affairs Committee adopted its position on 21 November 2017, which was confirmed by a vote in the plenary session of 12 December 2017. The Council agreed on a common position on 15 December 2017. After long and protracted negotiations, the European Parliament and the Council negotiators reached an agreement on a final text in December 2018:

• The new directive introduces the country of origin (COO) principle to facilitate the licensing of rights for certain programmes that broadcasters can offer on their online services (e.g. simulcasting, catch-up services). Broadcasters will be able to clear copyright only in their EU country of establishment (i.e. the country of origin) in order to make radio programmes, TV 'news and current affairs' as well as their 'fully financed own productions' available online in all EU countries. 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

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types of TV programmes six years after the entry into force of the directive.

• The new directive provides a mechanism to facilitate the licensing of retransmission services over the internet. Under the compromise text, retransmission services over the open internet would fall under the scope of the mandatory collective management regime but only when they are provided in a 'managed environment' in order especially to ensure sufficient safeguards against piracy.

• The directive clarifies the legal status of the '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. Member States will be free to choose to impose or not a mandatory collective management right to 'direct injection' signal distributors. • The EP and Council negotiators agreed to change the legal nature of the instrument. The final text is adopted in the form of a directive (and not a regulation as initially proposed by the Commission) since some Member States have already passed national legislation on 'direct injection' and need some flexibility to implement the provisions negotiated at EU level.

The European Parliament (in plenary) and the Council have approved the compromise text in March 2019 and in April 2019 respectively. The directive was published on 15 May 2019 in the Official Journal of the European Union and all Member states must transpose the new rules in their national law by June 2021.

References:

• EP Legislative Observatory, 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, 2016/0284(COD) • Directive (EU) 2019/789 of 17 April 2019 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, and amending Council Directive 93/83/EEC, Official Journal of the European Union, 15 May 2019 • Council, EU set to enhance cross-border access to online content, 15 April 2019 • European Commission, Commission welcomes European Parliament's vote on new rules facilitating access to online TV and radio content across borders, 28 March 2019 • European Parliament, Text adopted by Parliament, 1st reading/single reading, March 2019