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Image header Agence Europe
Europe Daily Bulletin No. 10251
Contents Publication in full By article 25 / 36
GENERAL NEWS / (eu) eu/copyright

Multi-territory audiovisual licences

Brussels, 05/11/2010 (Agence Europe) - Europe is recognised for its cultural diversity and its vibrant creativity. Its audiovisual sector, valued at €96 billion and producing more than 100 films per year, possibly best embodies these unique assets. However, only a fraction of Europe's audiovisual works are enjoyed outside the countries where they are produced. The move to digital technology provides the ideal opportunity for getting these audiovisual assets known outside their national borders. However, while digital technology is an excellent opportunity to develop new markets, the exercise of copyright in this new landscape has become a real challenge, and one which the European Commission has fully recognised. The Commission is planning a framework-directive on copyright and cross-border licensing and a Green Paper on online distribution of audiovisual and creative content. In a study for the Commission, consultancy firm KEA, which specialises in culture, creativity, the media and sport, calls for the establishment of internationally connected digital rights-licensing infrastructures. It says, too, that the European Union should encourage the multitude of small and medium-sized European audiovisual companies to collaborate, on a voluntary basis, to jointly formulate strategies that enable them to monetise their digital rights on national and international video on demand (VOD) platforms.

KEA makes two types of recommendations. One relates to efforts to further promote the emergence of an internal market for digitised European audiovisual works, and the other to measures that promote cultural and industrial policy objectives. Recommendations to support the establishment of a single market for digitised European audiovisual works: 1) Reduce transaction costs by putting in place a licensing infrastructure in Europe. Firstly, the EU should give support to European rights holders to establish voluntary collective licensing initiatives and mechanisms to access VOD platforms on fair terms and offer easier and cheaper licensing solutions to operators. Secondly, it should also promote “one stop shop” solutions developed by the market, inter-operability between existing services and tools, as well as stronger co-operation between rights holders, users and technology stakeholders. 2) Further legal harmonisation. Consideration should be given to new legislation to harmonise criminal sanctions, and an impact assessment in regard to the appropriateness and effects of the graduated response mechanisms in member states. Collective rights management bodies should have a framework directive that promotes greater transparency and governance requirements. 3) Coordination with member states: by encouraging, for example, national agencies in developing common descriptive criteria for national ratings. In terms of recommendations to promote the competitiveness of the sector, the study suggests: a) creating demand for European audiovisual works - innovative marketing and branding strategies should be put in place to reach new audiences. For example, marketing support should be given to films that win awards at A-list festivals, funds should be made available to help copyright holders gain access to VOD markets, and encouraging use of the MEDIA Programme; b) supporting risk taking and innovation - public policy should encourage EU rights holders to experiment with new forms of digital distribution and test new business models in order to understand the new market place and its requirements. (I.L./transl.rt)

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