The vote at the European Parliament’s judicial affairs committee (JURI) on the draft regulation to facilitate the online broadcasting of copyright protected audiovisual content, the so-called CabSat-, has again been postponed. It had initially been planned for 28 September but was postponed for the first time to 10 October. It has now been put back again (probably until mid-November) due to the fragility of certain compromise amendments.
It should be recalled that the legislative proposal seeks to promote the cross-border provision of other online services and facilitate the digital retransmission of TV and radio broadcasts from other member states (see EUROPE 11624). To this end, the Commission proposed applying the “country of origin” principle, as defined in the “Satellite and Cable” Directive (93/83/EEC), to content broadcast on the Internet live or on catch up by online broadcasters such as MyTFI.
Disagreements with “country of origin principle”
Since the presentation of this legislative proposal, Parliament has displayed serious divisions with regard to article 2 on the country of origin principle. To simplify the matter, rapporteur Tiemo Wolken (Germany) and shadow rapporteurs from the Greens/EFA and EFDD would like to apply this principle to a maximum of services, while the shadow rapporteurs at the EPP and ALDE are posted.
On the evening 4 October, Rapporteur Tiemo Wolken appeared to have received the support of the shadow rapporteur from ALDE, Jean-Marie Cavada (France) to apply the country of origin principle to acts of communication and broadcasting during the provision of other online services in exchange for certain derogations. These exceptions focus on: (1) audiovisual sporting events; (2) purchased cinematic films and A/V series and fictionalised stories; (3) cinematographic and audiovisual co-productions and (4) commissioned A/V projects that are not principally financed by the broadcaster. In an effort to respond to concerns expressed by radio media, the compromise specified that these derogations would not restrict the freedom of the different parties to, “reach agreement on methods and specific criteria for calculating the amount of payment to make for the rights holders subject to the country of origin principle, such as those based on the incomes of broadcasting bodies generated by online services”.
Last-minute postponement
Mr Cavada, however, gave his support on Friday 6 October to the shadow rapporteurs from the EPP, ECR and ENF calling for the vote to be postponed. According to the information we have received he would like further discussions about article 2, whereas the EPP group is calling for amendments to articles 2 and 3. In the latter article, the proposal makes it necessary for rights holders to mediate through collective management companies with regard to programme retransmissions. The compromise amendment that should have been on the JURI table, suggests limiting his obligation to a closed environment. The ECR would also be opposed to this provision.
The negotiating team might also have to revise the compromise amendment introducing joint responsibility for radio broadcasting and other broadcasters in the event of “a direct injection”, due to misgivings expressed by the Greens/ EFA, GUE-NGL and EFDD. (Original version in French by Sophie Petitjean)