keyboard_tab Media online 2019/0789 EN

index exercise:

• 1 Article 4 exercise of the rights in retransmission by rightholders other than broadcasting organisations
• 1 Article 5 exercise of the rights in retransmission by broadcasting organisations
• 1 Article 8 Transmission of programmes through direct injection
• 1 Article 11 Transitional provision

cloud tag:

• retransmission 15
• shall 12
• rights 11
• organisation 11
• article 10
• which 10
• public 8
• management 8
• from 7
• states 7
• authorisation 7
• broadcasting 7
• collective 7
• right 6
• rightholders 6
• subject 5
• organisations 5
• exercise 5
• member 5
• have 5
• signal 4
• state 4
• rightholder 4
• directive 4
•    member 4
• grant 4
• communication 4
• refuse 4
• service 4
• ensure 4
•  june 4
• protected 3
• provide 3
• provision 3
• transmission 3
• signals 3
• programme-carrying 3
• matter 3
• they 3
• acts 3
• date 3
• means 3
• distributor 3
• operator 3
• paragraph 3
• than 3
• referred 3
• territory 3
• seeks 2
• wire 2

and the number of total unique words without stopwords is: 160

Article 5

exercise of the rights in retransmission by broadcasting organisations

Article 8

Transmission of programmes through direct_injection

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

• (7) Accordingly, cross-border provision of online services that are ancillary to broadcasts, and retransmissions of television and radio programmes originating in other Member States, should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities. That adaptation should be done by taking account of the financing and production of creative content, and, in particular, of audiovisual works.


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• (9) In order to facilitate the clearance of rights for the provision of ancillary_online_services across borders, it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts that occur in the course of the provision of, the access to or the use of an ancillary_online_service.

    That principle should cover the clearance of all rights that are necessary for a broadcasting organisation to be able to communicate to the public or make available to the public its programmes when providing ancillary_online_services, including the clearance of any copyright and related rights in the works or other protected subject matter used in the programmes, for example the rights in phonograms or performances. That country of origin principle should apply exclusively to the relationship between rightholders, or entities representing rightholders, such as collective management organisations, and broadcasting organisations, and solely for the purpose of the provision of, the access to or the use of an ancillary_online_service.

    The country of origin principle should not apply to any subsequent communication to the public of works or other protected subject matter, by wire or wireless means, or to any subsequent 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, or to any subsequent reproduction of the works or other protected subject matter which are contained in the ancillary_online_service.


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• (15) To retransmit initial transmissions of television and radio programmes, operators of retransmission services have to obtain an authorisation from the holders of the exclusive right of communication to the public of works or other protected subject matter.

    In order to provide legal certainty to the operators of retransmission services and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply.

    The rules under that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation.

    Under those rules, the right to grant or refuse authorisation as such remains intact, and only the exercise of that right is regulated to some extent.

    Rightholders should receive appropriate remuneration for the retransmission of their works and other protected subject matter.

    When determining reasonable licensing terms, including the license fee, for a retransmission in accordance with Directive 2014/26/EU of the European Parliament and of the Council (7), the economic value of the use of the rights in trade, including the value allocated to the means of retransmission, should, inter alia, be taken into account.

    This should be without prejudice to the collective exercise of the right to payment of a single equitable remuneration for performers and phonogram producers for the communication to the public of commercial phonograms as provided for in Article 8(2) of Directive 2006/115/EC, and to Directive 2014/26/EU, in particular its provisions concerning the rights of rightholders with regard to the choice of a collective management organisation.


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• (18) The rules provided for in this Directive concerning the rights in retransmission exercised by broadcasting organisations in respect of their own transmissions should not limit the choice of rightholders to transfer their rights either to a broadcasting organisation or to a collective management organisation, thereby allowing them to have a direct share in the remuneration paid by the operator of a retransmission service.


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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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• (25) This Directive respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union.

    While this Directive may result in an interference with the exercise of the rights of rightholders, insofar as mandatory collective management takes place for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe the application of mandatory collective management in a targeted manner and to limit it to specific services.


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• (26) Since the objectives of this Directive, namely promoting the cross-border provision of ancillary_online_services for certain types of programmes and facilitating retransmissions of television and radio programmes originating in other Member States, cannot be sufficiently achieved by Member States but can rather, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union.

    In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. As concerns the cross-border provision of ancillary_online_services, this Directive does not oblige broadcasting organisations to provide such services across borders. Neither does this Directive oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Directive concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and with regard to television and radio programmes originating in other Member States.


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