The country of origin principle applies to the online services of broadcasters that give access to programs that are transmitted through traditional broadcasts.
Covered services include online simulating, which offers the ability to watch or listen to programs for a specified period after their initial broadcast (delayed), and broadcasting content that enriches, extends, or complements the broadcast (for example, previews or add-ons). As the process of making the program).
The country of origin does not apply to video on demand services.
What types of programs are covered by the country of origin principle?
The country of origin principle applies to all radio programs and certain television programs (news and current affairs programmers, and own programs financed entirely by broadcasters).
The country of origin principle does not apply to television productions purchased by third parties or commissioned by broadcasters from independent producers. Sports broadcasts on television are also excluded.
Will broadcasters be obliged to offer these programs online and across borders?
No. The country of origin principle is a mechanism that allows broadcasters to offer programs on their online services across borders, but does not oblige them to do so.
Which broadcasting services benefit from the compulsory collective management system?
Cable operators already benefit from mandatory collective management under the current Satellite and Cable Directive (Directive 93/83/EEC). Thanks to the new Directive, operators of retransmission services provided by other technologies (satellite, IPTV, digital terrestrial television, mobile network and internet) benefit from the same regime to compensate for the rights necessary for the retransmission of radio and television programs of other member states. Broadcasts on the internet are covered by the new rules to the extent that these services are provided in a managed environment (i.e. where authorized users can access secure broadcasts).
The rules on compulsory collective management do not apply to retransmission rights held by broadcasting organizations. In such cases, rights are granted directly by broadcasters to retransmission service operators, as is already the case for cable retransmission under the Satellite and Cable Directive.
What is “direct injection”? What new rules does the Directive introduce?
‘Direct injection’ is a process increasingly used by broadcasters to deliver their programs to the public. Instead of broadcasting them directly over the airwaves or on cable, they send them to distributors who broadcast them to the public.
The Directive clarifies that when 해외스포츠중계 organizations transmit their program-carrying signals by direct injection exclusively to distributors, and distributors transmit them to the public, this is an act of communication to the public involving both the broadcaster and the distributors and for which authorization must be obtained from the rights holders. This new provision will help to ensure that right holders receive adequate remuneration when their works are used in programs transmitted by direct injection.
