EBU/UE, accesso flessibile agli archivi audiovisivi

Bel comunicato di oggi dall'EBU sull'incontro avvenuto ieri tra i rappresentanti dell'organizzazione dei broadcaster pubblici europei e Michel Barnier, commissario europeo per i Mercati interni e i servizi, a proposito della questione copyright e delle iniziative che l'Unione sta prendendo al proposito nell'ambito della sua Digital Agenda. Come ogni bravo consumatore di streaming, podcast e altro materiale messo a disposizione dai siti delle emittenti pubbliche come Radio RAI, la questione dei diritti d'autore sui contenuti depositati negli archivi elettronici è fondamentale. E le regole attuali servono solo a precludere una accessibilità - anche regolamentata e a pagamento - che sia davvero ampia e alla portata di tutti. Occorrono chiaramente regole nuove e anche l'EBU sembra favorire i modelli di licensing collettivo che oggi vengono esplorati con maggior interesse. C'è in gioco la nostra capacità, come cittadini digitali, di usufruire di un patrimonio culturale e informativo che è soprattutto "nostro", ancor prima dei "titolari dei diritti". Fermo restando che anche questi ultimi godono di ogni diritto alla equa retribuzione.

Modernization of copyright licensing to benefit EU consumers and creators

The EBU meets Commissioner Barnier to discuss copyright modernization in the digital era

Brussels, 25 June 2010 - On 24 June 2010 the European Broadcasting Union (EBU)*, the world’s leading broadcasting association, met with European Commissioner for the Internal Market and Services Michel Barnier, to discuss the EBU's proposals on copyright modernization in the context of the upcoming EU copyright initiatives.

The EBU welcomed the Commissioner's initiatives on copyright in the Digital Agenda. Public service broadcasters are investing substantially in quality content which will help to ensure a more inclusive and sustainable digital information society for the benefit of all citizens.

However, today broadcasters need a simplification of rights clearance mechanisms to encourage innovation and ensure that audiences can legally access media content on a range of new digital platforms, therefore facilitating the development of a successful Digital Agenda.

"Our proposals seek a balanced approach that provides 'easy access' for consumers, facilitating the distribution of content across the internal market, while duly protecting rights holders, including artists," declared Jean-Paul Philippot, President of the European Broadcasting Union.

A key element of the EBU's proposals is the extended collective rights management** mechanism for clearing rights for audio and audiovisual media services and its wider application across the EU for traditional broadcasting as well as on-demand media services.

The EBU welcomed the upcoming Commission initiative on collective management which is of the utmost importance to the EBU and its Members. The EBU urged the Commissioner to have provisions on extended collective licensing introduced in the future framework directive on collective management.

"Collective management is indispensable because broadcasters can't go individually to rights holders for a lot of mass use," said Ingrid Deltenre, Director General of the European Broadcasting Union . She went on to say, " For our Nordic Members, the extended collective licensing system, which has been in place for the past 50 years, has significantly simplified the process of clearing rights for archive content, including orphan works . However, our Members still have a total of approximately 28 million hours of unused radio and TV content, representing an enormous part of Europe's cultural heritage."

The EBU pointed out that this situation creates unnecessary administrative costs, and is not in

the interests of copyright users, consumers or creators. This is why, in addition to proposals on books in a directive on orphan works, solutions must also be found for audiovisual archives.

As part of a coherent set of proposed measures, the EBU highlighted another of its key points: the country of origin principle***. This would facilitate EU-wide licensing avoiding multi-territorial application of 27 national copyright rules, on the basis of the principle of technological neutrality, where a policy should not favour a particular technology.

"The more you facilitate the system, the more likely it is that you will have content available on

all platforms nationally and across borders," concluded Ms Deltenre.

The EBU stressed that its proposals respect the contractual freedom of producers of premium content, e.g. films. They must remain free to negotiate their exclusive rights individually with broadcasters and to contractually restrict their licenses to certain territories.

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Note to Editors:

* The European Broadcasting Union (EBU) serves 86 national media organizations from 56 countries in and around Europe. It represents its Members and promotes the values and distinctiveness of public service media in Europe and around the world. The Eurovision and Euroradio networks deliver news, sports, events and music to EBU Members and other media organizations. Services to Members range from legal advice, technical standardization and development to co-production and exchange of quality European content.

For more information about the EBU: http://www.ebu.ch

The copyright proposals, detailed in a study, can be found at: http://www.ebu.ch/copyright

** Extended collective licensing: rights holders of a particular category of works are represented by a collective organization. Broadcasters and other users of works can clear all the rights of that category with the organization, even for works of rights holders who are not a member of the organization. All non-represented rights holders retain the right to opt out of the collective agreement and prohibit the use of their works.

*** Country of origin" rule (the law applicable to a service provider is that of the Member State in which the business providing the service is based), which applies to satellite broadcasting, should be extended to cover all audiovisual media service communications, on all platforms, including the Internet.

Soldi al servizio pubblico, l'Ue cambia le regole

La Commissione europea bandisce una consultazione sulle modalità di finanziamento della radiotelevisione pubblica nel quadro di un processo di revisione dell'ordinamento sull'emittenza pubblica che, dopo questa tornata consultativa, culminerà in una proposta da convertire in un nuovo assetto entro la metà del 2009. Gli Stati membri e gli stakeholder hanno tempo fino al 10 marzo per sottoporre le loro opinioni al proposito. Neelie Kroes, commissario per la concorrenza, auspica per il nuovo ordinamento un miglioramento per una maggiore trasparenza e certezza giuridica, anche "per quel che riguarda il modo in cui le emittenti del servizio pubblico assolvono alla loro missione nel nuovo ambiente mediatico." Il processo di rinnovamento della cosiddetta Broadcasting Communication avviene oggi nel quadro dello State Aid Action Plan (il piano relativo agli aiuti statali) che la Commissione ha inaugurato nel 2005. La documentazione e le istruzioni per partecipare alla consultazione si trovano agli indirizzi indicati nel seguente comunicato stampa.

State aid: Commission launches public consultation on the future framework for State funding of public service broadcasting

The European Commission has published a consultation paper on the future framework which will apply to State funding of public service broadcasting. This consultation gives Member States and stakeholders the opportunity to submit their views at an early stage, before any Commission proposal, on the possible revision of the Broadcasting Communication – first adopted in 2001 (see IP/01/1429). Comments should be submitted by 10 March 2008. The consultation documents include a questionnaire as well as an explanatory memorandum which gives an overview of the current rules, the relevant Commission decision-making practice and the possible scope for amendments. Key issues for discussion are the public service remit in the new media environment and control of overcompensation. Having reviewed the comments, the Commission may come forward later this year with a proposal for a revised Broadcasting Communication, with a view to its adoption in the first half of 2009.

Competition Commissioner Neelie Kroes said: "I want a constructive exchange of views with all Member States and stakeholders on the design of the future framework for State aid to public service broadcasting. The present Broadcasting Communication provides valuable guidance to media companies, public broadcasters and Member States alike, but there may be ways it can usefully be improved to increase transparency and legal certainty, also as regards the way public service broadcasters fulfil their mission in the new media environment".
The launch of this consultation marks the beginning of the review of the Broadcasting Communication announced in the State Aid Action Plan of 2005 (see IP/05/680). The review will build on the fundamental principles applicable to the financing of public service broadcasting as laid down by Community law and in particular the Amsterdam Protocol. These principles include the recognition of Member States' wide discretion to define public service broadcasting and the Commission's task to preserve fair competition. This implies in particular the need for a clearly defined public service mission as well as a limitation of State aid to what is necessary for the fulfilment of this mission, excluding overcompensation and possible cross-subsidies into commercial activities.
It offers the opportunity to evaluate the extent to which developments that have occurred since the adoption of the 2001 Broadcasting Communication require further clarification or changes to the existing rules.
Member States and stakeholders can comment on whether changes in the legal environment, developments in the Commission's decision-making practice, market developments and future challenges of the audiovisual media sector call for changes to the rules. In particular the implications for public service broadcasting of market developments in the delivery of audiovisual content and the emergence of new media services requires broad discussions with Member States and stakeholders.
The Commission will then evaluate whether and to what extent changes to the rules are necessary. If appropriate, the Commission will come forward with a new proposal for a revised Broadcasting Communication in the second half of 2008. Member States and stakeholders will again have the opportunity to express their views on this revised proposal before the Commission decides on any final version of the rules in the first half of 2009.
For further information, the questionnaire (in all official EU languages) as well as the explanatory memorandum (in English only) are available at:
http://ec.europa.eu/comm/competition/state_aid/reform/reform.cfm
Submissions received will also be published on this page.

Background

In 2001, the Commission adopted a Communication on the application of State aid rules to public service broadcasting (see IP/01/1429) to provide guidance about how to assess the financing of public service broadcasters in accordance with Article 86 (2) EC Treaty and the Protocol on the system of public broadcasting in the Member States, the Amsterdam Protocol. This Communication has helped the Commission assess numerous complaints which were lodged by private competitors pursuant to the State aid rules against the financing of public service broadcasters. Since the adoption of the Communication, the Commission has taken approximately 20 decisions in which it has further clarified the application of the State aid rules to the broadcasting sector. An over view of these decisions is available at:

http://ec.europa.eu/competition/sectors/media/decisions_psb.pdf

The most recent decision which reflects the general approach followed by the Commission in similar cases and which further clarifies the requirements laid down in the Broadcasting Communication, concerned the financing of public service broadcasters in Germany (see IP/07/543 and MEMO/07/150).
In June 2005, the Commission announced in its State Aid Action Plan a review of the Broadcasting Communication by 2008. In November 2005, the Commission adopted, as announced in the State Aid Action Plan, measures on services of general economic interest (see IP/05/680), laying down the rules for assessing State aid to services of general economic interest.