Broadcasters seek changes to copyright clearance

State broadcasters want changes to how content can be aired via the internet.

Europe’s state broadcasters urged the European Commission yesterday (17 March) to change  copyright rules governing how broadcasters’ content can be aired via the internet.

The European Broadcasting Union (EBU) wants to bring the online world into line with the rules governing cross-border distribution of TV programmes via cable and satellite. The broadcasters envisage the extension of country-of-origin rules that already exist for satellite, so that they cover online content too.

The EBU is also demanding that the mandatory collective licensing for cable retransmission of linear channels should apply to all third-party retransmission platforms, including mobile networks and internet-based TV.

‘Unsuited’ regulatory regime

“The opportunities provided by digital platforms, and most importantly the internet, to offer live streaming and on-demand services cannot be fully utilised by broadcasters unless there is a change in the rules for copyright clearance,” said Ingrid Deltenre, the director-general of the EBU. She added: “The regulatory environment today is not suited to the dynamic developing media environment.”

While EU audiences increasingly demand and expect EBU members’ content on new media platforms, the current copyright regime does not include sufficient rules to make rights clearance efficient, said Deltenre. “This situation creates unnecessary administrative costs, and that is not in the interests of users of copyright, consumers or creators.”

The changes sought by the EBU would not automatically make content available, since decisions on offers of content for retransmission online are made by individual broadcasters and rights-holders. The BBC, for example, restricts access to its iPlayer online service (which carries programmes after they have been aired) to UK residents. Any decision to broaden access to its iPlayer internet service beyond the UK would be taken by the BBC alone, even though the broadcaster is an EBU member, said an EBU source.

The EBU is not seeking a comprehensive revision of international copyright law, said Deltenre. The EBU merely expects the European Commission to tackle the problems associated with multi-platform distribution of TV content. “We don’t know if it will just be a communication or a full legislative proposal, but we do expect something this year,” said an EBU source.