Proposal for a regulation on online broadcasting

Consumers are increasingly interested in accessing online audio-visual content such as films, TV shows, sport events or documentaries from providers across the EU. This is because consumers often do not have enough legal offers locally or simply because the content of their choice is not available in the consumers’ country. A recent survey from our
German member vzbv showed that 70% of German consumers would like to subscribe to foreign offers for sports, films and TV series. The demand for foreign content is even higher among young people. However, due to outdated copyright laws and anticompetitive practices, providers are prevented from offering content across borders. In Europe’s Digital Single Market, it is fundamental that there are clear rules to facilitate the acquisition of broadcasting rights so more content can easily circulate across the EU in benefit of all consumers and citizens.

BEUC would like to suggest some elements to improve the current text of the Commission’s proposal, namely:

• To extend the application of the country of origin principle to all online services (e.g. live TV and catch-up services) from broadcasting organisations and to online video-on-demand platforms.
• The system of mandatory collective management for the rights in retransmission should also apply to over-the-top (OTT) retransmission services.
• The proposal should include a provision prohibiting any contractual restrictions to passive sales of online audio-visual services.
• Member States should have the possibility to allow, under certain conditions, for the extension of licenses concluded by collective management organisations (CMOs) to rights holders of the same category of works as those covered by the CMO.