keyboard_tab Media online 2019/0789 EN
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- 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 orradio 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.
- broadcasting 18
- programmes 18
- organisation 16
- retransmission 13
- such 13
- which 12
- public 12
- television 11
- radio 11
- shall 10
- service 10
- means 9
- subject 9
- matter 9
- online 8
- transmission 8
- directive 8
- works 8
- protected 8
- article 7
- rights 7
- wire 6
- country 6
- origin 6
- principle 6
- under 6
- including 6
- acts 6
- them 6
- access 6
- paragraph 6
- from 6
- provided 5
- initial 5
- programme-carrying 4
- wireless 4
- provision 4
- responsibility 4
- control 4
- ancillary_online_service 4
- the 4
- member 4
- state 4
- first 4
- subparagraph 4
- reception 4
- signals 4
- made 4
- payment 4
- amount 4
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 1
Subject matter
This Directive lays down rules that aim to enhance cross-border access to a greater number of television and radio programmes, by facilitating the clearance of rights for the provision of online services that are ancillary to the broadcast of certain types of television and radio programmes, and for the retransmission of television and radio programmes. It also lays down rules for the transmission of television and radio programmes through the process of direct_injection.
Article 2
Definitions
For the purpose of this Directive, the following definitions apply:
(1) | ‘ ancillary_online_service’ means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of television or radio programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation, as well as of any material which is ancillary to such broadcast; |
(2) | ‘ retransmission’ means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC, intended for reception by the public, of an initial transmission from another Member State of television or radio programmes intended for reception by the public, where such initial transmission is by wire or over the air including that by satellite, but is not by online transmission, provided that:
|
(3) | ‘ managed_environment’ means an environment in which an operator of a retransmission service provides a secure retransmission to authorised users; |
(4) | ‘ direct_injection’ means a technical process by which a broadcasting organisation transmits its programme-carrying signals to an organisation other than a broadcasting organisation, in such a way that the programme-carrying signals are not accessible to the public during that transmission. |
CHAPTER II
Ancillary online services of broadcasting organisations
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 9
Amendment to Directive 93/83/EEC
In Article 1 of Directive 93/83/EEC, paragraph 3 is replaced by the following:
‘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.’.
whereas