Clarifying Broadcasting Retransmissions in Line with International Conventions

 

 

In a recent ruling of the CJEU in the AKM v. Zürs.net case C‑138/16,the entire retransmission licensing regime was jeopardised. In fact, The Court inexplicably ruled against the Berne Convention, EU law and its own previous case law. Because of this ruling, the very meaning of "retransmission" is at stake, and this could have an impact both at national and European level.

 

It is therefore imperative that the Broadcasting Regulation take this development into consideration.

 

The Regulation should specify that the retransmission of works or other protected subject matter included in a television or radio programme initially communicated to the public by a broadcasting organisation is an act of communication to the public. This should be...

 

irrespective of whether the retransmission service operator uses the same technical means or different technical means than those used for the initial act of broadcasting and irrespective of whether or not such retransmission takes place within the actual or intended area of reception of the initial broadcast