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VOD, platforms and OTT - which promotion obligations for European works?

European Audiovisual Observatory

The European audiovisual market has been facing huge transformations during the past years. Whereas the European cinema market has been facing a period of stagnation and the physical video market a ra ...More The European audiovisual market has been facing huge transformations during the past years. Whereas the European cinema market has been facing a period of stagnation and the physical video market a rapid decline, new players and business models have seen the light and are now re-shaping the overall picture: both paid and advertising-financed on-demand services have consolidated their position, and over-the-top players and online platforms are offering their services in various forms. As a result, viewers can now benefit from both well-established traditional broadcasters and on-demand players, and viewing habits have of course also changed significantly. These market changes are also reflected in the regulatory framework, which poses a very preliminary issue of setting the right definitions and identifying the related obligations, including those concerning the promotion of European works under the various headlines of production, programming and visibility as enshrined in Articles 13, 16 and 17 of the Audiovisual Media Services Directive (AVMSD). So far audiovisual media services have been regulated differently depending on whether they are linear or non-linear, while services that do not fall under the editorial responsibility of their providers, such as video-sharing platforms, have remained outside the full scope of the obligations set by the AVMSD. On-going reforms in various fields are challenging the qualifying features of these concepts, so the question is whether these subjects will remain substantially excluded. As reference for the underlying issues an earlier issue of IRIS Plus of 2016 devoted to “On-demand services and the material scope of the AVMSD is still relevant. But even once the nature of the service itself has been defined, it might be necessary to have a closer look at the programming in order to assess the targeted audience. Services provided in a given member state may indeed be regulated differently, depending on the country of origin of the programme. The question is whether additional rules may be adopted in the targeted member state. As is well known, the main rationale for the regulation of audiovisual media services at EU level has been the internal market, with the country-of-origin principle at its core. According to this principle, audiovisual media service providers have to abide only by the rules of the one member state with jurisdiction over them, but can nonetheless operate in all member states. At the same time, this principle does not prevent member states from establishing higher standards at national level. However, a receiving member state with stricter rules than those laid down by the AVMSD cannot restrict the reception of services from another member state on the basis of those stricter rules. Whereas exceptions apply in specific circumstances, in principle service providers may choose the jurisdiction that, from a regulatory standpoint, best fits their purposes. In order to avoid this “jurisdiction shopping” when it comes to the rules aiming at promoting European works, the on-going reform of the AVMSD proposes to allow the targeted member state to impose financial obligations on providers of on-demand services, established in other member states, against the turnover generated in the imposing country. Nevertheless, services established outside the EU but targeting its member states are not included by the proposal. In this landscape, the present issue of IRIS Plus starts with an outlook of the latest market developments, before exploring the regulatory context, and sets out international and European obligations as well as national frameworks. The report then continues considering self- and co-regulatory tools and case-law, and provides an outline of the main aspects of the current reform of the AVMSD in this field. For the national overviews, national correspondents of our network have been involved in the checking of the information provided. Our acknowledgments therefore go to Eva Lievens, Christophoros Christophorou, Jan Fučík, Gianna Iacino, Andres Joesaar, Enric Enrich, Anette Alén-Savikko, Amélie Blocman, Lorna Woods, Alexandros Economou, Polyák Gábor, Ronan Ó Fathaigh, Ernesto Apa, Kevin Aquilina, Jurgita Iešmantaitė, Ieva Andersone, Mariana Lameiras, Eugen Cojocariu, and Erik Ullberg. Some questions inevitably remain unanswered as is unavoidable during an on-going revision process. For example the issue concerning the vagueness of the obligations concerning on-demand services in the current wording of the AVMSD, which has caused great disparity among member states and to a certain degree of forum-shopping: will this be solved by the Commission’s proposal? It is not to the charge of this report to provide even a tentative answer to such a question. The report rather aims at providing a gateway to relevant information on these issues that constitute the legal background against which the obligations on on-demand service providers for the promotion of European works should be considered....Less

Languages: English

Tags: internet - copyright

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Supporting innovation, creativity and enterprise, charting a path ahead

Office of the US Intellectual Property Enforcement Coordinator

This Joint Strategic Plan, which incorporates views from a variety of individual stakeholders across government, industry, educational institutions, trade organisations and public interest groups, off ...More This Joint Strategic Plan, which incorporates views from a variety of individual stakeholders across government, industry, educational institutions, trade organisations and public interest groups, offers an outline of the work to be carried out over the next three years by the U.S. Federal Government in support of a healthy and robust intellectual property enforcement policy environment in the United States. It lays out four primary, overarching goals to guide the work of Federal agencies and other stakeholders: • Enhance national understanding of the economic and social impacts flowing from misappropriation of trade secrets and the infringement of intellectual property rights; • Promote a safe and secure internet by minimizing counterfeiting and IP-infringing activity online; • Secure and facilitate lawful trade; and • Enhance domestic strategies and global collaboration in support of effective IP enforcement....Less

Languages: English

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2015 Report on EU customs enforcement on Intellectual Property rights

DG TAXUD

The annual publication of the result of customs actions at the EU external borders provides an opportunity to measure the scale of customs actions to enforce IPR. The enforcement of IPR by customs is ...More The annual publication of the result of customs actions at the EU external borders provides an opportunity to measure the scale of customs actions to enforce IPR. The enforcement of IPR by customs is a priority for the Commission and the Member States. Innovation and creativity are the engines of our economy. It is important to provide right-owners with the certainty that the fruit of their inventions will be protected. The competitiveness of European businesses depends on it. For many years customs administrations in the Union have been known for their high standard of enforcement of IPR. In 2015, customs authorities made over 81.000 detentions, consisting of a total of 43,7 million articles. The domestic retail value of the detained articles represented over 640 million euros. This report contains statistical information about the detentions made under customs procedures and includes data on the description, quantities and value of the goods, their provenance, the means of transport and the type of intellectual property right that may have been infringed. Each detention is referred to as a 'case' that may contain one or more articles. Each case may contain articles of different product categories and from different right-holders. In COPIS1 Member States register each case with information per category of goods and per right-holder. For each category of goods and each right-holder a detention procedure will be initiated, which explains why there are more procedures than cases. Certain statistics, e.g. on results, product category or involved IP right are given per procedure instead of per case as the figure can differ per procedure. Other statistics remain per infringement case, e.g. customs procedures or transport mode as the figure is only relevant per case. The statistics are established by the Commission, based on the data transmitted by the Member States' administrations, in accordance with the relevant EU customs legislation. From 1 January 2014, Regulation (EU) No 608/20132 lays down the provisions concerning customs enforcement of intellectual property rights including provisions for submitting relevant information by Member States to the Commission. The annual statistics provide useful information to support the analysis of IPR infringements in the EU and the development of appropriate counter-measures by customs. Such figures allow for a better understanding of the scope and extent of the problem....Less

Languages: English

Tags: report - public stakeholder - general public - public sector institutions

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Technology is Culture

EDIMA

The online environment continues to offer a multitude of opportunities to the creative sectors and the online environment should be considered a cornerstone of the success of the creative industries i ...More The online environment continues to offer a multitude of opportunities to the creative sectors and the online environment should be considered a cornerstone of the success of the creative industries in Europe and beyond today....Less

Languages: English

Tags: consumers - report - creative industries - general public - private sector companies - digital content

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Counterfeiting and terrorism

UNIFAB

Today, counterfeiting no longer represents just an economic cost to businesses affected by it, it also constitutes a problem of organised crime for the public authorities. Even more than its new aspec ...More Today, counterfeiting no longer represents just an economic cost to businesses affected by it, it also constitutes a problem of organised crime for the public authorities. Even more than its new aspect linked to organised crime, governments are indeed more worried by its links to terrorism. However, criminal organisations and terrorist groups are not homogenous entities. According to a dossier on piracy, Les Yeux du Monde, "their aims diverge, as organised crime primarily seeks financial profit, while terrorist networks require sources of funds, which are mainly comprised of different forms of illegal trafficking. This is how, piracy and counterfeiting connect to organised crime and international terrorism...Less

Languages: English - French

Tags: report - organised crime - general public - terrorism

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