“Country of origin” principle Beyond satellite broadcasting Sari Depreeuw BVA-ABA annual conference Brussels,15 January

Context – SatCab Directive Satellite broadcast – Footprint of satellite broadcast larger than national territory – National copyright (territoriality principle) Licensing – Definition of “communication to the public by satellite” the act of introducing, under the control and responsibility of the broadcasting organization, the programme-carrying signals intended for reception by the public into an uninterrupted chain of communication leading to the satellite and down towards the earth. – Localisation criterion: “country of origin” The act of communication to the public by satellite occurs solely in the Member State where, under the control and responsibility of the broadcasting organization, the programme-carrying signals are introduced into an uninterrupted chain of communication leading to the satellite and down towards the earth. – Consequence: licence only in the “country of origin” (with effect beyond) 2

Review of SatCab Directive Other communications (internet) – Protected material accessible in several countries – National copyright (territoriality) – Licence required in all countries where work communicated (available, accessible, targeted,…) Extension of the “country of origin” principle? – Other types of communication than satellite broadcasting? – Which country of origin? Review of the SatCab Directive – Public consultation (ended 16 November 2015) 3

Review of SatCab Directive (2) Object – Radio and TV programmes – Services ancillary to (primary) broadcast – Any online content (by any provider including broadcaster) Transmission through by means – IPTV, webcasting – Online: simulcasting, catch-up TV, video on demand Sender – By broadcaster – By third party service provider 4

Effects & uncertainties Licensing facilitated  (Anticipated) increase of access to content Legal mechanism – Definition of “communication”? Quid reproduction right? – Country of origin = ? – Remuneration (cf. “actual and potential” audience)? – Contractual restrictions National licences, geo-blocking? Cf. CJEU in Premier League 5

Many thanks! Sari Depreeuw 6