European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

To supplement the legal framework of the creation of a single audiovisual space, defined in the directive on “audiovisual media services” , the Council has adopted the “Satellite and Cable” Directive No 93/83 of 27 September 1993  which aims to remove obstacles to the free circulation of programs across frontiers resulting from the differences between national rules of copyright and related rights …

Context

To supplement the legal framework of the creation of a single audiovisual space, defined in the directive on “audiovisual media services” , the Council has adopted the “Satellite and Cable” Directive No 93/83 of 27 September 1993  which aims to remove obstacles to the free circulation of programs across frontiers resulting from the differences between national rules of copyright and related rights to be acquired to allow broadcasting. Carrying out minimum harmonization, the directive allows Member States to keep the possibility to provide for more far-reaching protection measures (Article 6). 

The so-called “Information Society” Directive No 2001/29  has since come to fill in the gaps of Directive No 93/83. In effect, Directive No 2001/29 applies, due to the fact that it is drafted in general terms, to all digital or analogue media, including the internet, but does not affect the existing provisions of Directive No 93/83 (Article (1)(2)(c)). Thus, the collecting societies, at the core of the system of Directive No 93/83, are not discussed in Directive No 2001/29, except in the recitals to mention the issue of compliance with competition rules by such collecting societies (recitals 17). On the other hand, copyright and related rights are more widely covered since, in addition to the right of communication, the directive organizes the protection of the right of reproduction and of the distribution rights. 

The issue of the reshaping of Directive No 93/83 is now raised due to the development of new broadcasting methods. With a view to creating a digital single market for creative content online (books, music, films, videogames), the Commission thus launched in October 2009 a reflection document aimed, inter alia, at encouraging cross-border offers of legal downloads . 

Directive No 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, OJ L 298 of 17 October 1989, 23 to 30.

Directive No 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 of 6 October 1993, 15. See, for transposition under French law, Article L. 132-20-1 et seq. of the Intellectual Property Code.

Directive No 2001/29/EC of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society, OJ L 167-10 of 22 June 2001, 10-19.

Communication EC, 22 October 2009, press release No IP/09/1563.

European Business Law

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