keyboard_tab Media online 2019/0789 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 5 Article 3 Application of the country of origin principle to ancillary online services
- 6 Article 4 Exercise of the rights in retransmission by rightholders other than broadcasting organisations
- 2 Article 5 Exercise of the rights in retransmission by broadcasting organisations
- 1 Article 6 Mediation
- 2 Article 8 Transmission of programmes through direct injection
- 3 Article 10 Review
- 2 Article 11 Transitional provision
- 6 Article 12 Transposition
- 1 Article 13 Entry into force
- Article 14 Addressees
- ancillary online service
- retransmission
- managed environment
- direct injection
- 3. For the purposes of this Directive, “cable retransmission” means the simultaneous, unaltered and unabridged retransmission by a cable or microwave system for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite, of television or radio programmes intended for reception by the public, regardless of how the operator of a cable retransmission service obtains the programme-carrying signals from the broadcasting organisation for the purpose of retransmission.
- shall 34
- retransmission 19
- states 18
- article 17
- organisation 17
- which 16
- rights 14
- directive 14
- broadcasting 13
- public 12
- such 11
- member 11
- member 10
- service 9
- they 9
- subject 9
- management 9
- authorisation 8
- programmes 8
- collective 8
- from 8
- matter 7
- protected 7
- rightholders 7
- commission 7
- june 7
- ensure 6
- force 6
- organisations 6
- paragraph 6
- works 6
- acts 6
- reference 6
- into 6
- right 6
- exercise 5
- necessary 5
- communication 5
- have 5
- means 5
- state 5
- operator 5
- them 5
- wireless 4
- wire 4
- provide 4
- measures 4
- under 4
- making 4
- provision 4
Article 12
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 7 June 2021. They shall immediately inform the Commission thereof.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods for making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the measures of national law which they adopt in the field covered by this Directive.
Article 3
Application of the country of origin principle to ancillary_online_services
1. The acts of communication to the public of works or other protected subject matter, by wire or wireless means, and of making available to the public of works or other protected subject matter, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, occurring when providing to the public:
(a) | radio programmes; and |
(b) | television programmes which are:
|
in an ancillary_online_service by or under the control and responsibility of a broadcasting organisation, as well as the acts of reproduction of such works or other protected subject matter which are necessary for the provision of, the access to or the use of such online service for the same programmes shall, for the purposes of exercising copyright and related rights relevant for those acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.
Point (b) of the first subparagraph shall not apply to the broadcasts of sports events and works and other protected subject matter included in them.
2. Member States shall ensure that, when setting the amount of the payment to be made for the rights to which the country of origin principle, as set out in paragraph 1, applies, the parties take into account all aspects of the ancillary_online_service, such as features of the service, including the duration of online availability of the programmes provided in that service, the audience, and the language versions provided.
The first subparagraph shall not preclude calculation of the amount of the payment on the basis of the broadcasting organisation's revenues.
3. The country of origin principle set out in paragraph 1 shall be without prejudice to the contractual freedom of the rightholders and broadcasting organisations to agree, in compliance with Union law, to limit the exploitation of such rights, including those under Directive 2001/29/EC.
CHAPTER III
Retransmission of television and radio programmes
Article 4
Exercise of the rights in retransmission by rightholders other than broadcasting organisations
1. Acts of retransmission of programmes have to be authorised by the holders of the exclusive right of communication to the public.
Member States shall ensure that rightholders may exercise their right to grant or refuse the authorisation for a retransmission only through a collective management organisation.
2. Where a rightholder has not transferred the management of the right referred to in the second subparagraph of paragraph 1 to a collective management organisation, the collective management organisation which manages rights of the same category for the territory of the Member State for which the operator of a retransmission service seeks to clear rights for a retransmission shall be deemed to have the right to grant or refuse the authorisation for a retransmission for that rightholder.
However, where more than one collective management organisation manages rights of that category for the territory of that Member State, it shall be for the Member State for the territory of which the operator of a retransmission service seeks to clear rights for a retransmission to decide which collective management organisation or organisations have the right to grant or refuse the authorisation for a retransmission.
3. Member States shall ensure that a rightholder has the same rights and obligations resulting from an agreement between an operator of a retransmission service and a collective management organisation or organisations that act pursuant to paragraph 2, as rightholders who have mandated that collective management organisation or organisations. Member States shall also ensure that that rightholder is able to claim those rights within a period, to be fixed by the Member State concerned, which shall not be shorter than three years from the date of the retransmission which includes his or her work or other protected subject matter.
Article 5
Exercise of the rights in retransmission by broadcasting organisations
1. Member States shall ensure that Article 4 does not apply to the rights in retransmission exercised by a broadcasting organisation in respect of its own transmission, irrespective of whether the rights concerned are its own or have been transferred to it by other rightholders.
2. Member States shall provide that, where broadcasting organisations and the operators of retransmission services enter into negotiations regarding authorisation for retransmission under this Directive, those negotiations are to be conducted in good faith.
Article 6
Mediation
Member States shall ensure that it is possible to call upon the assistance of one or more mediators as provided for in Article 11 of Directive 93/83/EEC where no agreement is concluded between the collective management organisation and the operator of a retransmission service, or between the operator of a retransmission service and the broadcasting organisation regarding authorisation for retransmission of broadcasts.
Article 8
Transmission of programmes through direct_injection
1. When a broadcasting organisation transmits by direct_injection its programme-carrying signals to a signal distributor, without the broadcasting organisation itself simultaneously transmitting those programme-carrying signals directly to the public, and the signal distributor transmits those programme-carrying signals to the public, the broadcasting organisation and the signal distributor shall be deemed to be participating in a single act of communication to the public in respect of which they shall obtain authorisation from rightholders. Member States may provide for arrangements for obtaining authorisation from rightholders.
2. Member States may provide that Articles 4, 5 and 6 of this Directive apply mutatis mutandis to the exercise by rightholders of the right to grant or refuse the authorisation to signal distributors for a transmission referred to in paragraph 1, carried out by one of the technical means referred to in Article 1(3) of Directive 93/83/EEC or point (2) of Article 2 of this Directive.
CHAPTER V
Final provisions
Article 10
Review
1. By 7 June 2025, the Commission shall carry out a review of this Directive and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall be published and made available to the public on the website of the Commission.
2. Member States shall provide the Commission, in a timely manner, with the relevant and necessary information for the preparation of the report referred to in paragraph 1.
Article 11
Transitional provision
Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public of works or other protected subject matter, by wire or wireless means, and the making available to the public of works or other protected subject matter, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, occurring in the course of provision of an ancillary_online_service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of such online service which are in force on 7 June 2021 shall be subject to Article 3 as from 7 June 2023 if they expire after that date.
Authorisations obtained for the acts of communication to the public falling under Article 8 which are in force on 7 June 2021 shall be subject to Article 8 as from 7 June 2025 if they expire after that date.
Article 12
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 7 June 2021. They shall immediately inform the Commission thereof.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods for making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the measures of national law which they adopt in the field covered by this Directive.
Article 13
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
whereas