Extending Mandatory Collective Management to Retransmission Services

 

 

 

 

The extension of the mandatory collective management system for retransmissions, over closed networks, a useful improvement

 

Some Member States, such as Poland and Hungary, already subject retransmissions to the requirements of mandatory collective management. A technologically neutral approach for retransmissions through IPTV (and/or other Internet-based closed networks) is recognised in several Member States in law or in practice, such as in Denmark, the Czech Republic, Belgium, Sweden, Germany, Austria and the Netherlands. Other practical solutions have been found in some other countries.

 

The clarification of the law can therefore achieve a more streamlined application across the EU and be a useful element for efficient management of rights and wider access to broadcast programmes

 

While online retransmission services offered on closed networks will be able to benefit from the one stop shop provided by CMOs under the current Draft Regulation, similar services offered on the open internet (beyond closed networks of operators) will be excluded from its scope. For instance, under the current proposals, a portable IPTV service that is offered by a cable operator without a mobile internet connection, and another service by an operator that also provides the same service with a mobile internet connection, will be subject to different licensing schemes, although their TV retransmission services are exactly the same. The Commission's Impact Assessment, indicates that the inclusion of services beyond closed networks would contribute to a greater choice of TV and radio channels for consumers across Europe.

 

Provided that the CoO principle is not applicable in such cases and thus any abuse is prevented, and if perceived as in the common interest of rights holders, service providers and consumers, all relevant online retransmission services could be included in the extension of mandatory collective management.