The public consultation on Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (the Directive) was held from 24/08/2015 until 16/11/2015.

Objectives of the public consultation

The objective of the public consultation were to gather input for the evaluation process in order to assess the current rules of the Directive. Furthermore, it aimed to seek views on a possible extension of the Directive to TV and radio programmes provided online in the light of market and technological developments. This review aims at contributing to the objective of the Digital Single Market Strategy to enhance cross-border access to TV and radio programmes in Europe.

Who replied to the public consultation?

The public consultation gathered a total of 256 replies. Of these responses 56 are from individuals and 200 are from organisations, companies or institutions ("non-individual respondents").

 

Figure 1 is a pie diagram. It indicates that 22 present of the respondents are individuals responding in their own personal capacity. 78 present of the respondents are representatives of an organisation, company or institution.

 

Figure 2 is a pie diagram. The diagram indicates how many present from each of the non-individual respondents categories replied to the survey. Category 1, member states and public authorities 8 present. Category 2, public service broadcasters 6 present. Category 3, Commercial broadcasters 10 present. Category 4 right holders, includes authors, performers, film and AV producers, phonogram producers and publishers 19 present. Category 5, collective management organisations 25 present.  Category 6 are service providers and includes IPTV, ISPs, DTT, VOD, cable operators and TV and radio aggregators 11 present. Category 7 others 21 present.

                                                                                                                                             

Preliminary trends observed in the public consultation

Without prejudice to the in-depth analysis of the replies to the public consultation, we can observe the overall trends:

  • Satellite regime: most of the respondents consider that the existing provisions, including the "country of origin principle", remain relevant. There is no clear consensus as concerns the extension of the "country of origin principle" to online transmissions: while a number of respondents favour such an extension, others are cautious or against it. 
  • Cable regime: most of the respondents consider that the existing provisions on cable retransmission remain relevant. While a number of respondents see value in extending the clearance system applicable to cable retransmission to the simultaneous retransmission of TV and radio programmes on platforms other than cable (e.g. IPTV, open internet), others regard it as unwarranted.

Next steps

The Commission is carrying out an in-depth analysis of all the replies received. A synopsis report will be published in due course. The results will contribute to the evaluation of the Directive and to assessing options with regard to enhancing cross-border distribution of TV and radio programmes online.

Contributions

Individual respondents

Respondents registered in the EU transparency register

Respondents not registered in the EU transparency register

In the interest of transparency, organisations are invited to provide the public with relevant information about themselves by registering in the Interest Representative Register and subscribing to its Code of Conduct.