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Week ending March 20, 2010

EBU calls for "strong rights, easy access" modernization of EU copyright rules - March 17, 2010
from Michelle Roverelli/EBU

Today, the European Broadcasting Union (EBU) presented its proposals for modernization of copyright clearance for audiovisual media. Public service media stressed the need for strong rights and easy access. Only the modernization of the current copyright clearance system for audiovisual media can ensure that audiences can legally access media content on a range of new digital platforms. The opportunities provided by digital platforms, and most importantly the Internet, to offer live streaming and on-demand services cannot be fully utilized by broadcasters unless there is a change in the rules for copyright clearance. The regulatory environment today is not suited to the dynamic developing media environment.

"The copyright framework needs to be updated in order to respond to the expectations of our audiences", said Ingrid Deltenre, the Director General of the EBU. She added:

"EU audiences increasingly demand and expect our content on new media platforms, but the current copyright regime does not include sufficient rules to make rights clearance efficient; this situation creates unnecessary administrative costs, and that is not in the interests of users of copyright, consumers or creators".

The EBU advocates the creation of a coherent framework for all audiovisual media communications so that rights clearance systems already in place for radio and TV also embrace broadcast-like on-demand services.

"Our proposals provide for more flexibility at Member State level and have the clear objective of making rights clearance more efficient across the EU", noted Mr Jean-Paul Philippot, the President of the EBU.

He added: "The key to this efficiency lies in collective licensing, and it is therefore crucial to embed this important role of collecting societies in a new legal framework; if cumbersome and expensive rights clearance processes can be streamlined, more funds for investment in original European content can be released."

The EBU's proposals:

The rights clearance process must be simpler and faster for all audiovisual media service providers:

• The "country-of-origin" rule which applies to satellite broadcasting should be extended to cover all communication of audiovisual media services on all platforms (and in particular, the Internet).

• The mandatory collective licensing for cable retransmission of linear channels should be extended to apply to all third-party retransmission platforms (e.g. mobile networks, IPTV), and not just cable.

Modernization of the rights clearance principles should go hand-in-hand with a legal framework on collective licensing:

• Member States should be entitled to make use of "extended collective licensing" regimes as implemented in the Nordic countries. Extended collective licensing should, in particular, be available for broadcast-like (on-demand) services.

Unlocking broadcasters' archives and simplifying music licensing:

• For broadcasters' archives, in particular, Member States should be required to ensure, via appropriate means (for example, though extended collective licensing) that broadcasters are entitled to use their archives in new online services.

• Finding solutions for the broadcasters' use of music is of particular importance. Collective arrangements for the use of musical works incorporated in the broadcasters' programmes should be extended to cover on-demand use too. Where this cannot be achieved on a voluntary basis, Member States should be required to make collective management obligatory.