keyboard_tab Media online 2019/0789 EN

index they:

• 1 Article 8 Transmission of programmes through direct injection
• 2 Article 11 Transitional provision
• 2 Article 12 Transposition

cloud tag:

• shall 10
• article 8
• public 7
• directive 6
• states 6
• they 6
•  june 5
• from 5
• which 5
• such 4
• subject 4
• signal 4
• authorisation 3
• signals 3
• force 3
• programme-carrying 3
•    member 3
• means 3
• organisation 3
• acts 3
• distributor 3
• communication 3
• reference 3
• broadcasting 3
• provision 3
• date 2
• commission 2
• works 2
• protected 2
• after 2
• exercise 2
• expire 2
• referred 2
• transmission 2
• matter 2
• rightholders 2
• member 2
• direct_injection 2
• necessary 2
• transmits 2
• them 2
• access 2
• provisions 2
• making 2
• wireless 2
• wire 2
• measures 2
• provide 2
• adopt 2
• online 1

and the number of total unique words without stopwords is: 126

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

whereas

• (14) Operators of retransmission services can use different technologies when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes. The programme-carrying signals can be obtained by operators of retransmission services from broadcasting organisations, which themselves transmit those signals to the public, in different ways, for example by capturing the signals transmitted by the broadcasting organisations or receiving the signals directly from them through the technical process of direct_injection.

    Such operators' services can be offered on satellite, digital terrestrial, mobile or closed circuit IP-based and similar networks or through internet access services as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council (6).

    Operators of retransmission services using such technologies for their retransmissions should therefore be covered by this Directive and benefit from the mechanism that introduces mandatory collective management of rights. In order to ensure that there are sufficient safeguards against the unauthorised use of works and other protected subject matter, which is particularly important in the case of services that are paid for, retransmission services which are offered through internet access services should be included in the scope of this Directive only where those retransmission services are provided in an environment in which only authorised users can access the retransmissions and the level of content security provided is comparable to the level of security for content transmitted over managed networks, such as cable or closed circuit IP-based networks, in which content that is retransmitted is encrypted.

    Those requirements should be feasible and adequate.


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• (17) Any rights held by broadcasting organisations themselves in respect of their broadcasts, including rights in the content of programmes, should not be subject to the mandatory collective management of rights applicable for retransmissions. Operators of retransmission services and broadcasting organisations generally have ongoing commercial relations, and as a result the identity of broadcasting organisations is known to operators of retransmission services. Accordingly, it is comparatively simple for those operators to clear the rights with broadcasting organisations. As a consequence, to obtain the necessary licences from broadcasting organisations, operators of retransmission services do not face the same burden as they face when seeking to obtain licences from holders of rights in works and other protected subject matter included in the television and radio programmes they retransmit.

    Therefore, there is no need for simplification of the licensing process with regard to rights held by broadcasting organisations. It is, however, necessary to ensure that where broadcasting organisations and operators of retransmission services enter into negotiations, they negotiate in good faith regarding the licensing of rights for the retransmissions covered by this Directive.

    Directive 2014/26/EU provides for similar rules applicable to collective management organisations.


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