Proposal for a DIRECTIVE OF THE EUROPEAN

2016/0284 (COD)

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules on the exercise of copyright
    and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio
                                                                 programmes

                                                          (Text with EEA relevance)




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             THE EUROPEAN                                                                                     THE EUROPEAN
    1.       PARLIAMENT AND THE                                                                               PARLIAMENT AND THE
             COUNCIL OF THE                                                                                   COUNCIL OF THE
             EUROPEAN UNION,                                                                                  EUROPEAN UNION,

             Having regard to the Treaty on                                                                   Having regard to the Treaty on
    2.       the Functioning of the European                                                                  the Functioning of the European
             Union, and in particular Article                                                                 Union, and in particular Articles
             114 thereof,                                                                                     53(1), 62 and 114 thereof,

    3.       Having regard to the proposal                                                                    Having regard to the proposal
             from the European Commission,                                                                    from the European Commission,

             After transmission of the draft                                                                  After transmission of the draft
    4.       legislative act to the national                                                                  legislative act to the national
             parliaments,                                                                                     parliaments,



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                  Having regard to the opinion of                                                          Having regard to the opinion of
         5.       the European Economic and                                                                the European Economic and
                  Social Committee1,                                                                       Social Committee2,

         6.       Having regard to the opinion of                                                          After consulting the Committee
                  the Committee of the Regions3,                                                           of the Regions,

         7.       Acting in accordance with the                                                            Acting in accordance with the
                  ordinary legislative procedure,                                                          ordinary legislative procedure,

         8.       Whereas:                                                                                 Whereas:

                  (1)     In order to contribute to    (1)      In order to contribute to                  (1)     In order to contribute to
                  the functioning of the internal      the functioning of the internal                     the functioning of the internal
                  market, it is necessary to provide   market and especially to                            market, it is necessary to provide
                  for wider dissemination of           increase access to information,                     for wider dissemination of
                  television and radio programmes      it is necessary to provide for                      television and radio programmes
                  originating in other Member          wider dissemination of news and                     originating in other Member
         9.
                  States for the benefit of users      current affairs programmes                          States for the benefit of users
                  across the Union by facilitating     originating in other Member                         across the Union by facilitating
                  licensing of copyright and           States for the benefit of users                     licensing of copyright and
                  related rights in works and other    across the Union by facilitating                    related rights in works and other
                  protected subject-matter             licensing of copyright and                          protected subject-matter
                  contained in broadcasts of such      related rights in works and other                   contained in broadcasts of
                  programmes. Indeed, television       protected subject-matter                            certain types of television and


1             OJ C […], […], p. […].
2             OJ C […], […], p. […].
3             OJ C […], […], p. […].

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              and radio programmes are             contained in broadcasts of such                  radio programmes. Indeed,
              important means of promoting         programmes. Indeed, news and                     television and radio programmes
              cultural and linguistic diversity,   current affairs programmes are                   are important means of
              social cohesion and access to        important means of promoting                     promoting cultural and linguistic
              information.                         access to information.                           diversity, social cohesion and
                                                                                                    increasing access to information
                                                   [ALT. AMC G]

              (2)      The development of                                                           (2)      The development of
              digital technologies and internet                                                     digital technologies and internet
              has transformed the distribution                                                      has transformed the distribution
              of and access to television and                                                       of and access to television and
              radio programmes. Users                                                               radio programmes. Users
              increasingly expect to have                                                           increasingly expect to have
              access to television and radio                                                        access to television and radio
              programmes both live and on-                                                          programmes both live and on-
              demand, using traditional                                                             demand, using traditional
              channels such as satellite or                                                         channels such as satellite or
              cable and also through online                                                         cable and also through online
     10.
              services. Broadcasting                                                                services. Broadcasting
              organisations are therefore                                                           organisations are therefore
              increasingly offering, in addition                                                    increasingly offering, in addition
              to their own broadcasts of                                                            to their own broadcasts of
              television and radio                                                                  television and radio
              programmes, online services                                                           programmes, online services
              ancillary to their broadcast, such                                                    ancillary to their broadcast, such
              as simulcasting and catch-up                                                          as simulcasting and catch-up
              services. Retransmission                                                              services. Retransmission
              services operators, which                                                             services operators, which
              aggregate broadcasts of                                                               aggregate broadcasts of
              television and radio programmes                                                       television and radio programmes

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              into packages and provide them                               into packages and provide them
              to users simultaneously to the                               to users simultaneously to the
              initial transmission of the                                  initial transmission of the
              broadcast, unaltered and                                     broadcast, unaltered and
              unabridged, use various                                      unabridged, use various
              techniques of retransmission                                 techniques of retransmission
              such as cable, satellite, digital                            such as cable, satellite, digital
              terrestrial, closed circuit IP-                              terrestrial, closed circuit IP-
              based or mobile networks as                                  based or mobile networks as
              well as the open internet. On the                            well as the open internet.
              part of users, there is a growing                            Furthermore, operators that
              demand for access to broadcasts                              distribute television and radio
              of television and radio                                      content to users have different
              programmes not only originating                              ways to obtain programme-
              in their Member State but also in                            carrying signals of broadcasting
              other Member States of the                                   organisations, including by
              Union, including from members                                means of direct injection. On the
              of linguistic minorities of the                              part of users, there is a growing
              Union as well as from persons                                demand for access to broadcasts
              who live in another Member                                   of television and radio
              State than their Member State of                             programmes not only originating
              origin.                                                      in their Member State but also in
                                                                           other Member States of the
                                                                           Union, including from members
                                                                           of linguistic minorities of the
                                                                           Union as well as from persons
                                                                           who live in another Member
                                                                           State than their Member State of
                                                                           origin.



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                                                  (2a) Audiovisual media
                                                  service providers should
                                                  endeavour to ensure that their
     11.                                          technical services are gradually
                                                  made accessible to persons with
                                                  visual or hearing disabilities.
                                                  [ITRE 4]

              (3)     A number of barriers        (3)     Broadcasting                (3)     A number of barriers        (3) Broadcasting organisations
              hinder the provision of online      organisations transmit daily        hinder the provision of online      transmit daily many hours of
              services which are ancillary to     many hours of news and current      services which are ancillary to     television and radio
              broadcasts and the provision of     affairs programmes. These           broadcasts and the provision of     programmes. These programmes
              retransmission services and         programmes incorporate a            retransmission services and         incorporate a variety of content
              thereby the free circulation of     variety of different content        thereby the free circulation of     such as audiovisual, musical,
              television and radio programmes     which is protected by copyright     television and radio programmes     literary or graphic works which
              within the Union. Broadcasting      and/or related rights under         within the Union. Broadcasting      is protected by copyright and/or
              organisations transmit daily        Union law. That results in a        organisations transmit daily        related rights under Union law.
              many hours of news, cultural,       complex process to clear rights     many hours of news, cultural,       That results in a complex
     12.      political, documentary or           from a multitude of right holders   political, documentary or           process to clear rights from a
              entertainment programmes.           and for different categories of     entertainment programmes.           multitude of right holders and
              These programmes incorporate a      works and other protected           These programmes incorporate a      for different categories of works
              variety of content such as          subject matter. For news and        variety of content such as          and other protected subject
              audiovisual, musical, literary or   current affairs programmes, it      audiovisual, musical, literary or   matter. Often the rights need to
              graphic works, which is             is necessary to clear those         graphic works, which are            be cleared in a short time-frame,
              protected by copyright and/or       rights in a short time-frame. In    protected by copyright and/or       in particular when preparing
              related rights under Union law.     order to make their ancillary       related rights under Union law.     programmes such as news or
              That results in a complex           online services available across    That results in a complex           current affairs. In order to make
              process to clear rights from a      borders, broadcasting               process to clear rights from a      their online services available
              multitude of right holders and      organisations need to have the      multitude of right holders and      across borders, broadcasting
              for different categories of works   required rights to works and        for different categories of works   organisations need to have the

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              and other protected subject         other protected subject matter      and other protected subject         required rights to works and
              matter. Often the rights need to    for all the relevant territories.   matter. Often the rights need to    other protected subject matter
              be cleared in a short time-frame,   [ALT. AMC H]                        be cleared in a short time-frame,   for all the relevant territories
              in particular when preparing                                            in particular when preparing        which further increases the
              programmes such as news or                                              programmes such as news or          complexity of the rights'
              current affairs. In order to make                                       current affairs. In order to make   clearance.
              their online services available                                         their online services available
              across borders, broadcasting                                            across borders, broadcasting
              organisations need to have the                                          organisations need to have the
              required rights to works and                                            required rights to works and
              other protected subject matter                                          other protected subject matter
              for all the relevant territories                                        for all the relevant territories
              which further increases the                                             which further increases the
              complexity of the rights'                                               complexity of the rights'
              clearance.                                                              clearance.

     13.

              (4)     Operators of                (4)     Operators of                                                    (4)     Operators of
              retransmission services, that       retransmission services of                                              retransmission services, that
              normally offer multiple             television or radio programmes                                          normally offer multiple
              programmes which use a              including works or other                                                programmes which use a
              multitude of works and other        protected subject matter carry                                          multitude of works and other
     14.      protected subject matter            out an act of communication to                                          protected subject matter
              included in the retransmitted       the public irrespective of                                              included in the retransmitted
              television and radio                whether the retransmission of                                           television and radio
              programmes, have a very short       the television or radio                                                 programmes, have a very short
              time-frame for obtaining the        programme is made by the same                                           time-frame for obtaining the
              necessary licences and hence        technical means or different                                            necessary licences and hence
              also face a significant rights      technical means than those                                              also face a significant rights

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              clearing burden. There is also a   used for the initial act of                        clearing burden. There is also a
              risk for right holders of having   broadcasting, and irrespective                     risk for authors, producers and
              their works and other protected    of whether or not such                             other right holders of having
              subject matter exploited without   retransmission takes place                         their works and other protected
              authorisation or payment of        within the actual or intended                      subject matter exploited without
              remuneration.                      area of reception of the initial                   authorisation or payment of
                                                 broadcast. As retransmission                       appropriate remuneration. Such
                                                 services normally offer multiple                   remuneration for the
                                                 programmes which use a                             retransmission of their works
                                                 multitude of works and other                       and other subject matter is
                                                 protected subject matter                           important to ensure a diverse
                                                 included in the retransmitted                      content offer, which is also in
                                                 television and radio                               the interest of consumers.
                                                 programmes, operators of
                                                 retransmission services have a
                                                 very short time-frame for
                                                 obtaining the necessary licences
                                                 and hence also face a significant
                                                 rights clearing burden. There is
                                                 also a risk for producers,
                                                 authors, creators and other
                                                 right holders of having their
                                                 works and other protected
                                                 subject matter exploited without
                                                 authorisation or payment of
                                                 appropriate and fair
                                                 remuneration. [ALT. AMC I]

     15.                                         (4a) To the extent that
                                                 retransmission services that


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                                                    normally offer multiple
                                                    programmes use a multitude of
                                                    works and other protected
                                                    subject matter included in the
                                                    retransmitted television and
                                                    radio programmes, they should
                                                    have the possibility, in line with
                                                    the principle of contractual
                                                    freedom, of obtaining the
                                                    necessary licences and thereby
                                                    guaranteeing right holders
                                                    equitable remuneration so that
                                                    they can continue to offer a
                                                    wide variety of content. Such a
                                                    possibility would also be in the
                                                    consumer's interest. [AM 53,
                                                    ALDE]

                  (5)     The rights in works and   (5)     The rights in works and                                   (5)     The rights in works and
                  other protected subject matter    other protected subject matter                                    other protected subject matter
                  are harmonised, among others,     are harmonised, among others,                                     are harmonised, among others,
                  through Directive 2001/29/EC of   through Directive 2001/29/EC of                                   through Directive 2001/29/EC of
         16.
                  the European Parliament and of    the European Parliament and of                                    the European Parliament and of
                  the Council4 and Directive        the Council and Directive                                         the Council and Directive
                                                    2006/115/EC of the European                                       2006/115/EC of the European
                                                    Parliament and of the Council,                                    Parliament and of the Council,
                                                    which serve in particular to


4           Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and
            related rights in the information society OJ L 167, 22.6.2001, p. 10–19.

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                  2006/115/EC of the European         ensure a high level of                                               which provide for a high level of
                  Parliament and of the Council.5     protection for rights holders.                                       protection for right holders.
                                                      [AMC 13]

                  (6)      Council Directive                                           (6)      Council Directive          (6)      Council Directive
                  93/83/EEC6 facilitates cross-                                        93/83/EEC facilitates cross-        93/83/EEC facilitates cross-
                  border satellite broadcasting and                                    border satellite broadcasting and   border satellite broadcasting and
                  retransmission by cable of                                           retransmission by cable of          retransmission by cable of
                  television and radio programmes                                      television and radio programmes     television and radio programmes
                  from other Member States of the                                      from other Member States of the     from other Member States of the
                  Union. However, the provisions                                       Union. However, the provisions      Union. However, the provisions
                  of that Directive on                                                 of that Directive on                of that Directive on
                  transmissions of broadcasting                                        transmissions of broadcasting       transmissions of broadcasting
                  organisations are limited to                                         organisations are limited to        organisations are limited to
         17.
                  satellite transmissions and                                          satellite transmissions and         satellite transmissions and
                  therefore do not apply to online                                     therefore do not apply to online    therefore do not apply to online
                  services ancillary to broadcast                                      services ancillary to broadcasts    services ancillary to broadcasts
                  while the provisions concerning                                      while the provisions concerning     while the provisions concerning
                  retransmissions of television and                                    retransmissions of television and   retransmissions of television and
                  radio programmes from other                                          radio programmes from other         radio programmes from other
                  Member States are limited to                                         Member States are limited to        Member States are limited to
                  simultaneous, unaltered and                                          simultaneous, unaltered and         simultaneous, unaltered and
                  unabridged retransmission by                                         unabridged retransmission by        unabridged retransmission by
                  cable or microwave systems and                                       cable or microwave systems and      cable or microwave systems and
                  do not extend to such                                                do not extend to such               do not extend to such


5           Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain
            rights related to copyright in the field of intellectual property OJ L 376, 27.12.2006, p. 28–35.
6           Council 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 OJ L 248, 6.10.1993, p. 15–21.

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              retransmissions by means of                                             retransmissions by means of         retransmissions by means of
              other technologies.                                                     other technologies.                 other technologies.

              (7)      Therefore, cross-border    (7)      Therefore, cross-border    (7)      Therefore, cross-border    (7)      Therefore, cross-border
              provision of online services        provision of online services        provision of online services        provision of online services
              ancillary to broadcast and          ancillary to broadcast of news      ancillary to broadcasts and         ancillary to broadcasts and
              retransmissions of television and   and current affairs programmes      retransmissions of television and   retransmissions of television and
              radio programmes originating in     and retransmissions of television   radio programmes originating in     radio programmes originating in
              other Member States should be       and radio programmes                other Member States should be       other Member States should be
              facilitated by adapting the legal   originating in other Member         facilitated by adapting the legal   facilitated by adapting the legal
              framework on the exercise of        States should be facilitated by     framework on the exercise of        framework on the exercise of
              copyright and related rights        adapting the legal framework on     copyright and related rights        copyright and related rights
              relevant for those activities.      the exercise of copyright and       relevant for those activities.      relevant for those activities. This
                                                  related rights relevant for those                                       should be done by taking into
                                                  activities. Whereas the                                                 account the financing and
                                                  adaptation of the legal                                                 production of creative content,
     18.
                                                  framework may result in                                                 and in particular of audio-visual
                                                  limitations on the exercise of                                          works.
                                                  exclusive rights, it should only
                                                  apply in certain special cases
                                                  which do not conflict with the
                                                  normal exploitation of the work
                                                  or other protected subject-
                                                  matter and do not unreasonably
                                                  prejudice the legitimate
                                                  interests of the right holder.
                                                  Therefore, also bearing in mind
                                                  the importance of the principle
                                                  of territoriality for the
                                                  financing and production of


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                                                   creative content, and in
                                                   particular of audio-visual
                                                   works, any legislative
                                                   intervention should necessarily
                                                   be extremely limited and
                                                   narrow and be in line with the
                                                   Union principles of necessity
                                                   and proportionality. [ALT.
                                                   AMC J]

              (8)      The ancillary online        (8)      The ancillary online      (8)      The ancillary online        (8) The ancillary online services
              services covered by this             services covered by this           services covered by this             covered by this Directive are
              Regulation are those services        Regulation are those services      Regulation are those services        those services offered by
              offered by broadcasting              offered by broadcasting            offered by broadcasting              broadcasting organisations
              organisations which have a clear     organisations which have a clear   organisations which have a clear     which have a clear and
              and subordinate relationship to      and subordinate relationship to    and subordinate relationship to      subordinate relationship to their
              the broadcast. They include          the broadcast. They include        their broadcasts. They include       broadcasts. They include
              services giving access to            services giving access to news     services giving access to            services giving access to
              television and radio programmes      and current affairs programmes     television and radio programmes      television and radio programmes
     19.      in a linear manner                   in a strictly linear manner        in a linear manner                   in a strictly linear manner
              simultaneously to the broadcast      simultaneously to the broadcast    simultaneously to the broadcast      simultaneously to the broadcast
              and services giving access,          and services giving access,        and services giving access,          and services giving access,
              within a defined time period         within a defined time period       within a defined time period         within a defined time period
              after the broadcast, to television   after the broadcast, to news and   after the broadcast, to television   after the broadcast, to television
              and radio programmes which           current affairs programmes         and radio programmes which           and radio programmes which
              have been previously broadcast       which have been previously         have been previously broadcast       have been previously broadcast
              by the broadcasting organisation     broadcast by the broadcasting      by the broadcasting organisation     by the broadcasting organisation
              (so-called catch-up services). In    organisation (so-called catch-up   (so-called catch-up services). In    (so-called catch-up services). In
              addition, ancillary online           services). The provision of        addition, the ancillary online       addition, the ancillary online
              services include services which      access to individual works or      services covered by this             services covered by this


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              give access to material which       other protected subject matter      Regulation include services,        Directive include services that
              enriches or otherwise expands       that have been incorporated in a    which give access to material       give access to material which
              television and radio programmes     television or radio programme       which enriches or otherwise         enriches or otherwise expands
              broadcast by the broadcasting       should not be regarded as an        expands television and radio        television and radio programmes
              organisation, including by way      ancillary online service.           programmes broadcast by the         broadcast by the broadcasting
              of previewing, extending,           Similarly, the provision of         broadcasting organisation,          organisation, including by way
              supplementing or reviewing the      access to works or other            including by way of previewing,     of previewing, extending,
              relevant programme's content.       protected subject matter            extending, supplementing or         supplementing or reviewing the
              The provision of access to          independently of broadcast, such    reviewing the relevant              relevant programme's content.
              individual works or other           as services giving access to        programme's content. The            This Directive should apply to
              protected subject matter that       individual musical or               provision of access to individual   both ancillary online services
              have been incorporated in a         audiovisual works, music            works or other protected subject    that are provided to users by
              television or radio programme       albums or videos, do not fall       matter which are not related to     broadcasting organisations
              should not be regarded as an        under the definition of ancillary   any programme broadcast by          together with the broadcasting
              ancillary online service.           online service. [ALT. AMC K]        the broadcasting organisation,      service and to ancillary online
              Similarly, the provision of                                             for example through video-on-       services that, whilst having a
              access to works or other                                                demand services does not fall in    clear and subordinate
              protected subject matter                                                the scope of this Regulation.       relationship with the broadcast,
              independently of broadcast, such                                                                            can be accessed by users
              as services giving access to                                                                                separately from the broadcasting
              individual musical or                                                                                       service without the precondition
              audiovisual works, music                                                                                    for the user to obtain access to
              albums or videos, do not fall                                                                               the broadcast service, for
              under the definition of ancillary                                                                           example via a subscription. This
              online service.                                                                                             is without prejudice to the
                                                                                                                          broadcasting organisations'
                                                                                                                          freedom to offer such ancillary
                                                                                                                          online services free of charge or
                                                                                                                          against the payment of money.
                                                                                                                          The provision of access to


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                                                                                 individual works or other
                                                                                 protected subject matter that
                                                                                 have been incorporated in a
                                                                                 television or radio programme,
                                                                                 or to works or other protected
                                                                                 subject matter which are not
                                                                                 related to any programme
                                                                                 broadcast by the broadcasting
                                                                                 organisation, such as services
                                                                                 giving access to individual
                                                                                 musical or audiovisual works,
                                                                                 music albums or videos, for
                                                                                 example through video-on-
                                                                                 demand services, do not fall in
                                                                                 the scope of the services covered
                                                                                 by this Directive.

                                               (8a) This Regulation should
                                               apply to both ancillary online
                                               services that are provided to
                                               users by broadcasting
                                               organisations in a bundle with
                                               the broadcasting service and to
     20.
                                               ancillary online services that
                                               can be accessed by users
                                               separately from the
                                               broadcasting service without
                                               the precondition for the user
                                               to obtain access to the
                                               broadcast service, for example


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                                                                                        via a subscription. This is
                                                                                        without prejudice to the
                                                                                        broadcasting organisations'
                                                                                        freedom to offer such ancillary
                                                                                        online services free of charge
                                                                                        or against the payment of
                                                                                        money.

              (9)     In order to facilitate the   (9)     In order to facilitate the   (9)     In order to facilitate the   (9)     In order to facilitate the
              clearance of rights for the          clearance of rights allowing the     clearance of rights for the          clearance of rights for the
              provision of ancillary online        broadcaster to provide ancillary     provision of ancillary online        provision of ancillary online
              services across borders it is        online services solely related to    services across borders it is        services across borders, it is
              necessary to provide for the         news and current affairs             necessary to provide for the         necessary to provide for the
              establishment of the country of      programmes across borders it is      establishment of the country of      establishment of the country of
              origin principle as regards the      necessary to provide for the         origin principle as regards the      origin principle as regards the
              exercise of copyright and related    establishment of the country of      acquisition and the exercise of      exercise of copyright and related
              rights relevant for acts occurring   origin principle as regards the      the acquired copyright and           rights relevant for acts occurring
              in the course of the provision of,   exercise of copyright and related    related rights relevant for acts     in the course of the provision of,
     21.      the access to or the use of an       rights relevant for acts occurring   occurring in the course of the       the access to or the use of an
              ancillary online service. That       in the course of the provision of,   provision of, the access to or the   ancillary online service. This
              principle of country of origin       the access to or the use of those    use of an ancillary online           should cover the clearance of all
              should apply exclusively to the      ancillary online services. That      service. This should cover the       rights that are necessary for the
              relationship between right           principle of country of origin       clearance of all rights that are     broadcasting organisation to be
              holders (or entities representing    should apply exclusively to the      necessary for the broadcasting       able to communicate or make
              right holders such as collective     relationship between right           organisation to be able to           available to the public their
              management organisations) and        holders (or entities representing    communicate or make                  programmes when providing
              broadcasting organisations and       right holders such as collective     available to the public their        ancillary online services,
              solely for the purpose of the        management organisations) and        programmes when providing            including the clearance of any
              provision of, the access to or the   broadcasting organisations and       ancillary online services,           copyright and related rights in
              use of an ancillary online           solely for the purpose of the        including the clearance of any       the works or other subject matter


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              service. The principle of country   provision of, the access to or the   copyright and related rights in      used in the programmes, for
              of origin should not apply to any   use of those ancillary online        the works or other subject           example the rights in
              subsequent communication to         services related to news and         matter used in the                   phonograms or performances.
              the public or reproduction of       current affairs programmes.          programmes, for example the          That principle of country of
              content which is protected by       The principle of country of          rights in phonograms or              origin should apply exclusively
              copyright or related rights and     origin should not apply to any       performances. That principle of      to the relationship between right
              which is contained in the           subsequent communication to          country of origin should apply       holders (or entities representing
              ancillary online service.           the public or reproduction of        exclusively to the relationship      right holders such as collective
                                                  content which is protected by        between right holders (or entities   management organisations) and
                                                  copyright or related rights and      representing right holders such      broadcasting organisations and
                                                  which is contained in the            as collective management             solely for the purpose of the
                                                  ancillary online service. [ALT.      organisations) and broadcasting      provision of, the access to or the
                                                  AMC L]                               organisations and solely for the     use of an ancillary online
                                                                                       purpose of the provision of, the     service. The principle of country
                                                                                       access to or the use of an           of origin should not apply to any
                                                                                       ancillary online service. The        subsequent communication to
                                                                                       principle of country of origin       the public or making available to
                                                                                       should not apply to any              the public, by wire or wireless
                                                                                       subsequent communication to          means, in such a way that
                                                                                       the public or making available       members of the public may
                                                                                       to the public, by wire or            access it from a place and at a
                                                                                       wireless means, in such a way        time individually chosen by
                                                                                       that members of the public           them and reproduction of
                                                                                       may access them from a place         content which is protected by
                                                                                       and at a time individually           copyright or related rights and
                                                                                       chosen by them and                   which is contained in the
                                                                                       reproduction of content which is     ancillary online service.
                                                                                       protected by copyright or related
                                                                                       rights and which is contained in
                                                                                       the ancillary online service.


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                                     (9a) The country of origin
                                     principle provided for in this
                                     Regulation should not apply to
                                     ancillary online services which
                                     are primarily or solely targeted
                                     to a Member State other than
                                     that in which the broadcasting
                                     organisation has its principal
                                     place of establishment. Such a
                                     service, primarily or solely
                                     targeted at a particular Member
                                     State, is a service the
                                     programmes of which are
                                     clearly aimed at the population
     22.                             of a specific Member State
                                     other than that in which the
                                     broadcasting organisation has
                                     its principal place of
                                     establishment, and the audience
                                     of which is clearly limited to the
                                     population of that specific
                                     Member State, and in respect of
                                     which it is unlikely that
                                     listeners or viewers will be
                                     found outside the specific
                                     Member State at which the
                                     programmes are aimed. Aspects
                                     which make it possible to
                                     identify the target audience
                                     include in particular language,

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                                     including the language used in
                                     subtitles, advertising, dubbing,
                                     the audience at which the
                                     promotion of the broadcasting
                                     service is aimed and/or the local
                                     character of the programming.
                                     [AM 92, ALDE]

                                                                         (9a) The principle of
                                                                         country of origin provided for
                                                                         in this Regulation does not
                                                                         establish any obligation for
                                                                         broadcasting organisations to
                                                                         communicate or make
     23.                                                                 available programmes in their
                                                                         ancillary online services or to
                                                                         provide such ancillary online
                                                                         services in a Member State
                                                                         other than the Member State
                                                                         of their principal
                                                                         establishment.

                                                                         (9b) Taking into account the      (9b) Taking into account the
                                                                         specificities of the financing    specificities of the financing and
                                                                         and licensing mechanisms for      licensing mechanisms for certain
     24.                                                                 certain audiovisual works,        audiovisual works, often based
                                                                         often based on exclusive          on exclusive territorial licensing,
                                                                         territorial licensing, it is      it is appropriate, as regards
                                                                         appropriate, as regards           television programmes, to limit
                                                                         television programmes, to limit   the scope of application of the


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                                               the scope of application of the    country of origin principle set
                                               country of origin principle set    out in this Directive to certain
                                               out in this Regulation to          categories of programmes.
                                               certain categories of              These include news and current
                                               programmes. These include          affairs programmes as well as a
                                               programmes, such as news and       broadcasting organisation's own
                                               current affairs as well as         productions which are
                                               programmes which are               exclusively financed by it
                                               controlled by a broadcasting       whereas the funds for the
                                               organisation and financed          financing used by the
                                               exclusively by it whereas the      broadcasting organisation for its
                                               funds for the financing may        productions may come from
                                               come from different sources,       public funds. For the purposes of
                                               including national public          this Directive, broadcasting
                                               funds and European Union           organisations' own productions
                                               funds. Productions that are        should be understood as
                                               fully financed and controlled      covering productions carried out
                                               by a broadcasting organisation     by a broadcasting organisation
                                               should include productions         with the use of its own
                                               carried out by a broadcasting      resources, but not productions
                                               organisation with the use of its   commissioned by the
                                               own resources, including those     broadcasting organisation to
                                               carried out by the                 producers that are independent
                                               organisation's commercial          from the broadcasting
                                               subsidiaries, and should also      organisation nor to co-
                                               include cases where                productions. For the same
                                               production is outsourced to        reasons, the principle of country
                                               third parties as long as the       of origin should not apply to the
                                               works produced remain solely       television broadcasts of sports
                                               the broadcasting                   events under this Directive. The


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                                               organisation's own with no         principle of the country of origin
                                               rights maintained by the           should apply only when
                                               parties that the production        programmes are used by the
                                               was outsourced to. The latter      broadcasting organisation in its
                                               case implies that the parties to   own ancillary online services. It
                                               whom the production was            should not apply to the licensing
                                               outsourced will not retain any     of a broadcasting organisation’s
                                               exploitation rights in the         own productions to third parties,
                                               works produced for any             including to other broadcasting
                                               territory of the European          organisations. The principle of
                                               Union. For the same reasons,       country of origin should not
                                               the principle of country of        affect the freedom of right
                                               origin should not apply to the     holders and broadcasting
                                               broadcasts of sports events.       organisations to agree, in
                                                                                  compliance with Union law, on
                                                                                  limitations, including geographic
                                                                                  limitations, to the exploitation of
                                                                                  their rights.

                                                                                  (9ba) The principle of country
                                                                                  of origin provided for in this
                                                                                  Directive does not establish any
                                                                                  obligation for broadcasting
                                                                                  organisations to communicate or
     25.                                                                          make available programmes in
                                                                                  their ancillary online services or
                                                                                  to provide such ancillary online
                                                                                  services in a Member State other
                                                                                  than the Member State of their
                                                                                  principal establishment.


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              (10) Since the provision of,         (10) Since the provision of,         (10) Since the provision of,          (10) Since the provision of,
              the access to or the use of an       the access to or the use of an       the access to or the use of an        the access to or the use of an
              ancillary online service is          ancillary online service to news     ancillary online service is           ancillary online service is
              deemed to occur solely in the        and current affairs programmes       deemed to occur solely in the         deemed to occur solely in the
              Member State in which the            is deemed to occur solely in the     Member State in which the             Member State in which the
              broadcasting organisation has its    Member State in which the            broadcasting organisation has its     broadcasting organisation has its
              principal establishment, while de    broadcasting organisation has its    principal establishment, while de     principal establishment, while de
              facto the ancillary online service   principal establishment, while de    facto the ancillary online service    facto the ancillary online service
              can be provided across borders       facto the ancillary online service   can be provided across borders        can be provided across borders
              to other Member States, it is        can be provided across borders       to other Member States, it is         to other Member States, it is
              necessary to ensure that in          to other Member States, it is        necessary to ensure that when         necessary to ensure that in
              arriving at the amount of the        necessary to ensure that in          determining the amount of the         arriving at the amount of the
              payment to be made for the           arriving at the amount of the        payment to be made by the             payment to be made for the
     26.      rights in question, the parties      payment to be made for the           broadcasting organisation for         rights in question, the parties
              should take into account all         rights in question, the parties      the rights in question, the parties   take into account all aspects of
              aspects of the ancillary online      should use objective criteria and    should take into account all          the ancillary online service such
              service such as the features of      take into account all aspects of     aspects of the ancillary online       as the features of the service,
              the service, the audience,           the ancillary online service such    service such as the features of       including the duration of the
              including the audience in the        as the features of the service,      the service, the audience,            online availability of
              Member State in which the            including the duration of the        including the audience in the         programmes included in the
              broadcasting organisation has its    online availability, the audience,   Member State in which the             service, the audience, including
              principal establishment and in       including the audience in the        broadcasting organisation has its     the audience in the Member
              other Member States in which         Member State in which the            principal establishment and in        State in which the broadcasting
              the ancillary online service is      broadcasting organisation has its    other Member States in which          organisation has its principal
              accessed and used, and the           principal establishment and in       the ancillary online service is       establishment and in other
              language version.                    other Member States in which         accessed and used, as well as         Member States in which the
                                                   the ancillary online service is      the language versions                 ancillary online service is
                                                   accessed and used, and all           provided. This should not             accessed and used, and the

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                                                    available language versions.       affect the freedom of the      language versions provided. It
                                                    [ALT. AMC M]                       parties to agree on specific   should nevertheless remain
                                                                                       methods for calculating the    possible to use specific methods
                                                                                       amount of the payment to be    for calculating the amount of
                                                                                       made.                          payment to be made for the
                                                                                                                      rights subject to the country of
                                                                                                                      origin principle, such as those
                                                                                                                      based on the broadcasting
                                                                                                                      organisation's revenues
                                                                                                                      generated by the online service,
                                                                                                                      which are notably used by radio
                                                                                                                      broadcasting organisations

              (11) Through the principle of         (11) It is necessary to recall                                    (11) Through the principle of
              contractual freedom it will be        that through the principle of                                     contractual freedom it will be
              possible to continue limiting the     contractual freedom and in                                        possible to continue limiting the
              exploitation of the rights            order to support existing                                         exploitation of the rights
              affected by the principle of          licensing models, such as                                         affected by the principle of
              country of origin laid down in        exclusive territorial licensing,                                  country of origin laid down in
              this Regulation, especially as far    which enables the financing                                       this Directive, provided that any
              as certain technical means of         mechanism vital to audiovisual                                    such limitations of the
     27.
              transmission or certain language      production, optimal distribution                                  exploitation of those rights are in
              versions are concerned, provided      and the promotion of cultural                                     compliance with Union law.
              that any such limitations of the      diversity, it is necessary to
              exploitation of those rights are in   continue limiting the
              compliance with Union law.            exploitation of the rights
                                                    affected by the principle of
                                                    country of origin laid down in
                                                    this Regulation provided that
                                                    any such limitations of the


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                                     exploitation of those rights are in
                                     compliance with national and
                                     Union law. [ALT. AMC N]

                                     (11a) This regulation is not
                                     aimed at encouraging forum
                                     shopping practices. The
                                     principle of 'country of origin'
                                     should not apply to online
                                     services which are mainly or
                                     solely targeted at audiences
                                     other than the audience of the
                                     Member State in which the
                                     broadcasting organisation has
                                     its principal place of
                                     establishment, in order to limit
     28.                             practices whereby a broadcaster
                                     attempts to establish itself in
                                     other Member States to avoid
                                     disadvantageous financial
                                     obligations or to profit from
                                     more favourable licencing
                                     arrangements compared to the
                                     Member State in which it has its
                                     principal place of
                                     establishment. To assess
                                     whether the online service is
                                     targeting an audience outside of
                                     its Member State, the features
                                     of the service as well as the


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                                     language versions used should
                                     be taken into account. [AM 5,
                                     S&D]

                                     EP decided to delete it in its
                                     mandate.

                                     (11b) Based on the principle
                                     of contractual freedom and in
                                     order not to unreasonably
                                     prejudice existing licensing
                                     models such as exclusive
                                     territorial licensing, the cross-
     29.                             border retransmission from
                                     another or into another
                                     Member State is limited to the
                                     retransmission of cable-like or
                                     IPTV-like services within
                                     managed environments. [ALT.
                                     AMC O]

                                     (11c) This Regulation, in line
                                     with the principle of contractual
                                     freedom, does not prevent
                                     existing licensing models, such
     30.                             as territorial licensing, and is
                                     without prejudice to existing
                                     provisions of national contract
                                     law in the field of copyright
                                     regarding appropriate
                                     remuneration, as well as

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                                                    existing collective management
                                                    solutions for retransmission
                                                    within a Member State. [IMCO
                                                    7]

              (12) Operators of                     (12) Operators of                      (12) Operators of                    (12) Operators of
              retransmission services offered       retransmission services offered        retransmission services may use      retransmission services may use
              on satellite, digital terrestrial,    on satellite, digital terrestrial or   different techniques when they       different technologies when they
              closed circuit IP-based, mobile       cable-like or IPTV-like services       retransmit simultaneously, in an     retransmit simultaneously, in an
              and similar networks, provide         within managed environments            unaltered and unabridged             unaltered and unabridged
              services which are equivalent to      provide services which are             manner, for reception by the         manner, for reception by the
              those provided by operators of        equivalent to those provided by        public, an initial transmission      public, an initial broadcast
              cable retransmission services         operators of cable retransmission      from another Member State of         transmission from another
              when they retransmit                  services when they retransmit          television or radio programmes.      Member State of television or
              simultaneously, in an unaltered       simultaneously, in an unaltered        Their services may be offered        radio programmes. The
              and unabridged manner, for            and unabridged manner, for             on satellite, digital terrestrial,   programme-carrying signals
              reception by the public, an initial   reception by the public, an initial    closed circuit IP-based, mobile      may be obtained by operators of
     31.
              transmission from another             transmission from another              and similar networks or              retransmission services from
              Member State of television or         Member State of television or          through internet access              broadcasting organisations,
              radio programmes, where this          radio programmes, where this           services as defined in               which themselves transmit those
              initial transmission is by wire or    initial transmission is by wire or     Regulation (EU) 2015/2120 of         to the public, in different ways,
              over the air, including by            over the air, including by             the European Parliament and          for example by capturing the
              satellite but excluding online        satellite but excluding online         of the Council. Operators            signals transmitted by the
              transmissions, and intended for       transmissions, and intended for        using these techniques for           broadcasting organisations or
              reception by the public. They         reception by the public. They          their retransmissions should         receiving the signals directly
              should therefore be within the        should therefore be within the         therefore be within the scope of     from them through the technical
              scope of this Regulation and          scope of this Regulation and           this Regulation and benefit from     process of direct injection. Their
              benefit from the mechanism            benefit from the mechanism             the mechanism introducing            services may be offered on
              introducing mandatory                 introducing mandatory collective       mandatory collective                 satellite, digital terrestrial,
              collective management of rights.      management of rights.                  management of rights. In order       closed circuit IP-based, mobile


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              Retransmission services which         Retransmission services which         to ensure sufficient safeguards    and similar networks or through
              are offered on the open internet      are offered on the open internet      against the unauthorised use of    internet access services as
              should be excluded from the           other than cable-like or IPTV-        works and other subject-           defined in Regulation (EU)
              scope of this Regulation as those     like services within managed          matter, retransmission services    2015/2120 of the European
              services have different               environments should be                which are offered through          Parliament and of the Council.
              characteristics. They are not         excluded from the scope of this       internet access services should    Operators using these
              linked to any particular              Regulation as those services          be included in the scope of the    technologies for their
              infrastructure and their ability to   have different characteristics.       Regulation only where those        retransmissions should therefore
              ensure a controlled environment       They are not linked to any            retransmission services are        be within the scope of this
              is limited when compared for          particular infrastructure and their   provided to a controlled circle    Directive and benefit from the
              example to cable or closed            ability to ensure a controlled        of users, for example through a    mechanism introducing
              circuit IP-based networks.            environment is limited when           subscription or user               mandatory collective
                                                    compared for example to cable         registration and where the         management of rights. In order
                                                    or closed circuit IP-based            level of security provided is      to ensure sufficient safeguards
                                                    networks. [ALT. AMC P]                comparable to the level of         against the unauthorised use of
                                                                                          security for content               works and other subject matter,
                                                                                          transmitted over managed           which is particularly important
                                                                                          networks, such as closed circuit   in the case of paid-for services,
                                                                                          IP-based networks, which is        retransmission services which
                                                                                          particularly important in the      are offered through internet
                                                                                          case of content subject to paid-   access services should be
                                                                                          for subscriptions. These           included in the scope of this
                                                                                          measures must be feasible and      Directive only when those
                                                                                          adequate.                          retransmission services are
                                                                                                                             provided in an environment
                                                                                                                             where only authorised users can
                                                                                                                             access the retransmissions and
                                                                                                                             the level of content security
                                                                                                                             provided is comparable to the
                                                                                                                             level of security for content


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                                                                                                                               transmitted over managed
                                                                                                                               networks, such as cable or
                                                                                                                               closed-circuit IP-based
                                                                                                                               networks, where content
                                                                                                                               retransmitted is encrypted.
                                                                                                                               These requirements should be
                                                                                                                               feasible and adequate.

              (13) In order to provide legal        (13) In order to provide legal        (13) Acts of retransmission          (13) To retransmit initial
              certainty to operators of             certainty to operators of             need to be authorised by the         transmissions of radio and TV
              retransmission services offered       retransmission services offered       holders of the exclusive right       programmes, operators of
              on satellite, digital terrestrial,    on satellite, digital terrestrial     of retransmission. Right             retransmission services need to
              closed circuit IP-based, mobile       cable-like or IPTV-like services      holders should obtain                obtain an authorisation of the
              or similar networks, and to           within managed environments           appropriate remuneration for         holders of the exclusive right of
              overcome disparities in national      and to overcome disparities in        the retransmission of their          communication to the public. In
              law regarding such                    national law regarding such           works and other subject              order to provide legal certainty
              retransmission services, rules        retransmission services, rules        matter. In order to provide legal    to the operators of
              similar to those that apply to        similar to those that apply to        certainty to the operators of        retransmission services and to
     32.      cable retransmission as defined       cable retransmission as defined       retransmission services and to       overcome disparities in national
              in Directive 93/83/EEC should         in Directive 93/83/EEC should         overcome disparities in national     law regarding such
              apply. The rules established in       apply. The rules established in       law regarding such                   retransmission services, rules
              that Directive include the            that Directive include the            retransmission services, rules       similar to those that apply to
              obligation to exercise the right to   obligation to exercise the right to   similar to those that apply to       cable retransmission as defined
              grant or refuse authorisation to      grant or refuse authorisation to      cable retransmission as defined      in Directive 93/83/EEC, which
              an operator of a retransmission       an operator of a retransmission       in Directive 93/83/EEC, which        include the obligation to
              service through a collective          service through a collective          include the obligation to exercise   exercise the right to grant or
              management organisation. This         management organisation. This         the right to grant or refuse         refuse authorisation to an
              is without prejudice to Directive     is without prejudice to Directive     authorisation to an operator of a    operator of a retransmission
                                                    2014/26/EU and in particular to       retransmission service through a     service through a collective
                                                    its provisions concerning rights      collective management                management organisation,


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                  2014/26/EU7 and in particular to   of right holders with regard to     organisation, should apply. This    should apply. Under those rules,
                  its provisions concerning rights   the choice of a collective          is without prejudice to the         the right to grant or refuse
                  of right holders with regard to    management organisation. The        collective exercise of the single   authorisation as such remains
                  the choice of a collective         right to refuse authorisation as    equitable remuneration right        intact, and only the exercise of
                  management organisation.           such remains intact, and only       for performers and                  that right is regulated to some
                                                     the manner of exercising that       phonogram producers for the         extent. Right holders should
                                                     right is regulated to some          communication to the public of      obtain appropriate remuneration
                                                     extent. This also implies that it   commercial phonograms as            for the retransmission of their
                                                     is always possible to decide        provided for in Article 8(2) of     works and other subject matter.
                                                     whether or not grant the right      Directive 2006/115/EC. This is      When determining reasonable
                                                     of retransmission. [ALT. AMC        also without prejudice to           licensing terms, including the
                                                     Q]                                  Directive 2014/26/EU and in         license fee, for a retransmission
                                                                                         particular to its provisions        in accordance with Directive
                                                                                         concerning rights of right          2014/26/EU, the economic value
                                                                                         holders with regard to the choice   of the use of the rights in trade,
                                                                                         of a collective management          including the value allocated to
                                                                                         organisation.                       the means of retransmission
                                                                                                                             should, inter alia, be taken into
                                                                                                                             account. This is without
                                                                                                                             prejudice to the collective
                                                                                                                             exercise of the single equitable
                                                                                                                             remuneration right for
                                                                                                                             performers and phonogram
                                                                                                                             producers for the
                                                                                                                             communication to the public of
                                                                                                                             commercial phonograms as
                                                                                                                             provided for in Article 8(2) of

7           Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related
            rights and multi-territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98.

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                                                                                                             Directive 2006/115/EC and to
                                                                                                             Directive 2014/26/EU and in
                                                                                                             particular to its provisions
                                                                                                             concerning rights of right
                                                                                                             holders with regard to the choice
                                                                                                             of a collective management
                                                                                                             organisation.

                                                                                                             (13a) This Directive should
                                     (13a) Collective management           (13a) This Regulation should
                                                                                                             allow agreements to be
                                     organisations should be able to       not exclude the application of
                                                                                                             concluded between a collective
                                     apply provisions on the exercise      national law provisions
                                                                                                             management organisation and
                                     of the right in retransmission        allowing for agreements
                                                                                                             retransmission operators, for the
                                     laid down in this Regulation          concluded between a collective
                                                                                                             rights that are subject to
                                     through the extension of a            management organisation and
                                                                                                             mandatory collective
                                     collective agreement with an          retransmission operators, for
                                                                                                             management under this
                                     operator of a retransmission          the retransmission rights that
                                                                                                             Directive, to be extended to
                                     service also to the rights of right   are subject to mandatory
                                                                                                             apply to the rights of right
                                     holders not represented by the        collective management under
     33.                                                                                                     holders who are not represented
                                     organisation, where such a            this Regulation, to be extended
                                                                                                             by that collective management
                                     system is provided by virtue of       to apply to the rights of right
                                                                                                             organisation, without the
                                     national law. [AMC 22]                holders who are not
                                                                                                             possibility for the right holders
                                                                           represented by that collective
                                                                                                             to exclude their works or other
                                                                           management organisation,
                                                                                                             subject-matter from the
                                                                           without the possibility for the
                                                                                                             application of this mechanism.
                                                                           rightholders to exclude their
                                                                                                             In cases when there is more than
                                                                           works or other subject-matter
                                                                                                             one collective management
                                                                           from the application of this
                                                                                                             organisation that manages the
                                                                           mechanism, as long as those
                                                                           national law provisions are in    rights of the relevant category
                                                                                                             for its territory, it should be for

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                                               compliance with Union law. In      the Member State for whose
                                               those cases, when it is for a      territory the operator of
                                               Member State to determine          retransmission services seek to
                                               which collective management        clear the rights for a
                                               organisation or organisations      retransmission to determine
                                               shall have the right to grant or   which collective management
                                               refuse the authorisation for a     organisation or organisations
                                               retransmission, it should be       have the right to grant or refuse
                                               possible for such                  the authorisation for a
                                               determination to follow from       retransmission.
                                               the operation of national
                                               legislation.

                                                                                  (13b) To ensure the efficient
                                                                                  collective management of rights
                                                                                  and the accurate distribution of
                                                                                  revenues collected under the
                                                                                  mandatory collective
                                                                                  management mechanism
                                                                                  introduced by this Directive, it is
     34.                                                                          important that collective
                                                                                  management organisations
                                                                                  maintain proper records of
                                                                                  membership, licences and use of
                                                                                  works and other subject matter,
                                                                                  in accordance with the
                                                                                  transparency obligations set out
                                                                                  in Directive 2014/26/EU.




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COMMISSION PROPOSAL                 EP TEXT          COUNCIL TEXT                      COMPROMISE TEXT

              (14) Any rights held by                        (14) Any rights held by              (14) Any rights held by
              broadcasting organisations                     broadcasting organisations           broadcasting organisations
              themselves in respect of their                 themselves in respect of their       themselves in respect of their
              broadcasts, including rights in                broadcasts, including rights in      broadcasts, including rights in
              the content of the programmes,                 the content of the programmes,       the content of the programmes,
              should be exempted from the                    should be exempted from the          should be exempted from the
              mandatory collective                           mandatory collective                 mandatory collective
              management of rights applicable                management of rights applicable      management of rights applicable
              for retransmissions. Operators of              for retransmissions. Operators of    for retransmissions. Operators of
              retransmission services and                    retransmission services and          retransmission services and
              broadcasting organisations                     broadcasting organisations           broadcasting organisations
              generally have ongoing                         generally have ongoing               generally have ongoing
              commercial relations and as a                  commercial relations and as a        commercial relations and as a
              result the identity of                         result the identity of               result the identity of
     35.      broadcasting organisations is                  broadcasting organisations is        broadcasting organisations is
              known to operators of                          known to operators of                known to operators of
              retransmission services and                    retransmission services and          retransmission services and
              hence the clearance of rights                  hence the clearance of rights        hence the clearance of rights
              with broadcasting organisations                with broadcasting organisations      with broadcasting organisations
              is comparatively simple. Thus,                 is comparatively simple. Thus,       is comparatively simple. Thus,
              to obtain the necessary licences               to obtain the necessary licences     to obtain the necessary licences
              from broadcasting organisations,               from broadcasting organisations,     from broadcasting organisations,
              operators of retransmission                    operators of retransmission          operators of retransmission
              services do not face the same                  services do not face the same        services do not face the same
              burden as they face to obtain                  burden as they face to obtain        burden as they face to obtain
              licences from holders of rights in             licences from holders of rights in   licences from holders of rights in
              works and other protected                      works and other protected            works and other protected
              subject matter included in the                 subject matter included in the       subject matter included in the
              retransmitted television and                   retransmitted television and         retransmitted television and
              radio programmes. Therefore,                   radio programmes. Therefore,         radio programmes. Therefore,

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