Copyright and related rights: satellite broadcasting and cable retransmission

 

SUMMARY OF:

Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission, as amended by Directive (EU) 2019/789 on the exercise of copyright and related rights

WHAT IS THE AIM OF THE DIRECTIVE?

It aims to facilitate the licensing of copyright and related rights for satellite broadcasting and cable retransmission services in the EU’s single market, and thereby to improve the cross-border availability of radio and television programmes.

KEY POINTS

‘Country of origin’ principle for satellite broadcasting

• The directive introduced an exclusive right for authors to authorise the communication to the public by satellite of their works.
• In order to facilitate cross-border satellite broadcasting, the directive provides that the communication to the public by satellite takes place in the EU country of origin of the satellite transmission, i.e. in the EU country where the programme-carrying signals are introduced, under the control and responsibility of a broadcasting organisation, into an uninterrupted chain of communication leading to the satellite and down towards the Earth. According to this ‘country of origin principle’, copyright authorisations for satellite broadcasting only need to be obtained for the EU country of origin of the satellite broadcast and not for the EU countries where the signals are received.

Mandatory collective management of rights for cable retransmission

• The directive also makes it easier to obtain the authorisation of holders of copyright and related rights for the retransmission by cable of television or radio programmes from other EU countries. Rights holders can exercise their right to authorise or prohibit the retransmission of their works or other subject-matter (as part of the broadcast programmes that are being retransmitted) only via a collecting society. This applies to all relevant rights, except those that are held by broadcasting organisations themselves.
• Where no agreement can be reached allowing the retransmission of a broadcast, the parties may call upon mediators who can assist with the negotiation and may also submit non-binding recommendations to the parties.
• The definition of cable retransmission originally included in this directive was slightly amended by Article 9 of Directive (EU) 2019/789 (see summary) in order to cover situations in which the programme-carrying signals are transmitted by broadcasting organisations to cable operators through the technical process of direct injection (defined in Article 2 of the same directive). This is the only amendment brought by Directive (EU) 2019/789, which otherwise complements Directive 93/83/EEC by introducing new rules aimed at further facilitating the cross-border distribution of radio and television programmes.

Evaluation

A European Commission staff working document evaluated the operation of the directive in 2016.

FROM WHEN DOES THE DIRECTIVE APPLY?

The directive has applied since 4 October 1993 and had to become law in the EU countries by 1995.

The revised definition of ‘cable retransmission’ has applied since 6 June 2019.

BACKGROUND

• Modernisation of the EU copyright rules (European Commission)
• The Satellite and Cable Directive (European Commission).

MAIN DOCUMENT

Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ L 248, 6.10.1993, pp. 15-21)

Successive amendments to Directive 93/83/EEC have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC (OJ L 130, 17.5.2019, pp. 82-91)

Commission Staff Working Document: Evaluation of the Council Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (SWD(2016) 308 final, 14.9.2016)

last update 07.11.2019