EBU defends adapting copyright to improve cross-border access
27 November 2015In its reply to the European Commission's consultation on the review of the EU Satellite and Cable Directive, the EBU stresses the overwhelming success of the current Directive in facilitating the widespread availability of radio and television channels across the EU.
The EBU calls for the extension of the satellite rule to broadcasters' online services which would promote cross-border access to their programming in an environment of legal certainty. This would also meet the growing demand for cost-saving efficiencies.
The EBU also calls for technological neutrality of the licensing scheme for the simultaneous retransmission of programmes on any controlled platform. This adaptation would level the playing field among different platform operators from which broadcasters as well as contributing right-holders would benefit.
In parallel to the above licensing schemes, “extended” collective licensing (ECL) schemes should continue to be promoted. The EBU is a strong proponent of national laws which have rules in place for allowing such ECL schemes. They have proved successful in Nordic countries, paving the way for consumer-friendly access to programmes, such as catch-up, start-over and archive services, and including both domestic channels and programmes from other EU countries.
The EBU proposals for adapting the rights clearance systems are in line with the principle of territoriality and maintain contractual freedom, thereby safeguarding a high level of protection for the exclusive rights of producers and other right-holders.