keyboard_tab Media online 2019/0789 EN

index agreement:

• 1 Article 4 Exercise of the rights in retransmission by rightholders other than broadcasting organisations
• 1 Article 6 Mediation

cloud tag:

• retransmission 14
• which 9
• shall 9
• organisation 9
• management 9
• rights 8
• collective 8
• article 7
• service 6
• member 6
• public 5
• subject 5
• from 5
• operator 5
• right 5
• rightholder 4
• authorisation 4
•  june 4
• ensure 4
• state 4
• have 4
• states 4
• matter 3
• between 3
• than 3
• acts 3
• grant 3
• date 3
• protected 3
• organisations 3
• territory 3
• rightholders 3
• provision 3
• communication 3
• refuse 3
• exercise 3
• works 2
• wire 2
• access 2
• agreement 2
• paragraph 2
• they 2
• expire 2
• after 2
• manages 2
• more 2
• such 2
• them 2
• clear 2
• seeks 2

and the number of total unique words without stopwords is: 124

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 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.

whereas

• (16) This Directive should allow agreements concluded between a collective management organisation and operators of retransmission services for rights that are subject to mandatory collective management under this Directive to be extended to apply to the rights of rightholders who are not represented by that collective management organisation, without those rightholders being allowed to exclude their works or other subject matter from the application of that mechanism.

    In cases where there is more than one collective management organisation that manages the rights of the relevant category for its territory, it should be for the Member State, in respect of the territory of which the operator of a retransmission service seeks to clear the rights for a retransmission, to determine which collective management organisation or organisations have the right to grant or refuse the authorisation for a retransmission.


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• (23) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ancillary_online_service as well as the access to or the use of that service, it is necessary to apply the country of origin principle also to existing agreements, but with a transitional period.

    During that transitional period, the principle should not apply to those existing agreements, thus providing time to adapt them, where necessary, in accordance with this Directive.

    It is also necessary to provide for a transitional period in order to allow broadcasting organisations, signal distributors and rightholders to adapt to the new rules on the exploitation of works and other protected subject matter through direct_injection set out in the provisions in this Directive on transmission of programmes through direct_injection.


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