Satellite and Cable Directive
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Summary
Directive 93/83/EEC coordinates certain rules on copyright and related rights applicable to cross-border satellite broadcasting and cable retransmission within the EU. It establishes the "country of origin" principle for satellite communications to the public and introduces mandatory collective management for cable retransmission rights to facilitate licensing. The Directive aims to remove legal obstacles to cross-border transmission of radio and television programmes while ensuring rightholders are remunerated.
Who is affected?
Broadcasters transmitting programmes by satellite, cable operators retransmitting broadcasts, and collecting societies managing copyright and related rights are directly affected. Rightholders (authors, performers, producers and broadcasters) benefit from harmonised licensing and remuneration rules for these uses.
Scope
It applies to acts of communication to the public by satellite and to cable retransmission of broadcasts of radio and television programmes within the EU/EEA context, covering the relevant copyright and related rights needed for those transmissions.
Key Points
- Establishes the "country of origin" rule for satellite broadcasting: the act of communication to the public by satellite is deemed to occur only in the Member State where the programme-carrying signals are introduced under the broadcaster’s control.
- Requires clearance of rights for satellite broadcasting in the Member State of uplink, facilitating cross-border satellite transmissions.
- Introduces mandatory collective management for cable retransmission rights (with limited exceptions), enabling efficient licensing via collecting societies.
- Provides a negotiation framework for cable retransmission, including mechanisms to assist agreement between rightholders and cable operators.
- Coordinates protection of related rights (e.g., performers, phonogram producers, broadcasting organisations) as relevant to satellite and cable uses.
Related Regulations
Frequently Asked Questions
Who must comply with the Satellite and Cable Directive?
Broadcasters transmitting programmes by satellite, cable operators retransmitting broadcasts, and collecting societies managing copyright and related rights must comply. Rightholders such as authors, performers, producers, and broadcasters are also directly affected.
What is the main scope of the Directive?
The Directive covers acts of communication to the public by satellite and cable retransmission of radio and television broadcasts within the EU/EEA. It harmonises copyright and related rights necessary for these transmissions.
What is the 'country of origin' principle established by the Directive?
The 'country of origin' principle means that satellite broadcasting is considered to occur only in the Member State where the programme-carrying signals are introduced under the broadcaster’s control. Rights clearance is thus required only in that Member State.
How are cable retransmission rights managed under the Directive?
Cable retransmission rights must be managed through mandatory collective management, with limited exceptions. This means cable operators obtain licences from collecting societies, simplifying the process for both operators and rightholders.
What are the penalties for non-compliance with the Directive?
Penalties for non-compliance are determined by each Member State and may include injunctions, damages, or other remedies under national law. The Directive requires Member States to ensure effective enforcement of its provisions.
What key obligations do broadcasters have under this Directive?
Broadcasters must ensure they clear all relevant rights for satellite broadcasting in the Member State where the uplink occurs. They must also respect related rights of performers, producers, and other rightholders.
How does the Directive interact with other EU copyright laws?
The Directive complements other EU copyright directives by specifically addressing cross-border satellite broadcasting and cable retransmission. It coordinates with broader copyright and related rights frameworks to ensure consistency.
What practical steps should cable operators take to comply?
Cable operators should engage with collecting societies to obtain the necessary licences for retransmission. They should also participate in negotiation mechanisms provided for in the Directive to resolve any disputes with rightholders.
Are there exceptions to mandatory collective management for cable retransmission?
Yes, the Directive allows for limited exceptions, such as when rightholders directly exercise their rights. However, in most cases, collective management is required to streamline licensing.
What mechanisms exist to resolve disputes between rightholders and cable operators?
The Directive provides a negotiation framework and allows for the involvement of mediators or other impartial bodies to assist in reaching agreements between rightholders and cable operators.
Key Terms
- Country of Origin Principle
- A rule stating that satellite broadcasting is deemed to occur only in the Member State where the uplink is made, simplifying rights clearance to that jurisdiction.
- Cable Retransmission
- The simultaneous, unaltered, and unabridged retransmission by cable or microwave system of an initial broadcast from another Member State.
- Collective Management
- A system where collecting societies manage copyright and related rights on behalf of rightholders, particularly for cable retransmission.
- Collecting Society
- An organisation that manages rights and issues licences on behalf of multiple rightholders, facilitating efficient rights clearance.
- Rightholder
- A person or entity holding copyright or related rights, such as authors, performers, producers, or broadcasters, who are entitled to remuneration.
- Communication to the Public by Satellite
- The act of transmitting programme-carrying signals intended for reception by the public via satellite, as defined by the Directive.
- Related Rights
- Rights granted to performers, phonogram producers, and broadcasting organisations, in addition to copyright, for the protection of their contributions.
- Mandatory Collective Management
- A legal requirement that certain rights, especially for cable retransmission, must be exercised through collecting societies rather than individually.
- Negotiation Framework
- Procedures established by the Directive to facilitate agreement between cable operators and rightholders, including mediation mechanisms.
- Uplink
- The process of sending programme-carrying signals from a ground station to a satellite for subsequent broadcast to the public.