ECL FOR BROADCASTERS’ AND THIRD PARTIES’ ACTIVITIES B y Terese Foged, UBOD secretariat at Lassen Ricard, Copenhagen Poland and WIPO conference , Warsaw 1

2 What is UBO Union of Broadcasting Organisations UBOD – Denmark UBOS – Sweden UBON – Norway UBOI – Iceland UBOE – Estonia Coordination among broadcasters regarding retransmission on all platforms – and on demand, public performance, educational use etc. UBO is for broadcasters that have not cleared all the rights for third party activities Coordinators and vice-coordinators – in UBOD: Caroline Reiler (DR), Peter Weber (ZDF) Lassen Ricard law firm is secretariat for UBO, day-to-day administration; and also attorney for UBO

3 Members of UBO DR TV 2|Danmark Samvirket (local broadcasters) SVT TV4 NRK TV 2 (Norway) YLE RUV SVF KNR ARD ZDF ARTE RTL VG Media: Sat.1, Pro7 France Télévisions RAI TVE + a large number of associate members from Poland, Turkey, Russia etc.  More than 100 TV channels (+ radio)

4 Cooperation with the collecting societies Very important with well-functioning cooperation among/within the collecting societies – Copydan and KODA the largest in Denmark The collecting societies and UBO together make agreements with the users covering all rights UBO only gives consent for the rights of the broadcasters (right to the signal and acquired rights) The collecting societies represent all other rights holders under ECL; cf. art. 10 of the SatCab directive for cable retransmission The collecting societies collect the remuneration and distribute it to UBO and the other rights holders

ECL for broadcasters’ own activities  Not via UBOD, but broadcasters directly  National public service broadcasters: DR, TV 2 and regional TV 2 stations (only)  Specific ECL provisions (secs. 30 and 30 a in the Danish Copyright Act) and general ECL (sec. 50(2)) for exploitation outside the specific ECLs  Broadcast (linear) and on demand (non-linear) via own website and apps Agreements: DR, TV 2 and regional TV 2 stations’ agreements with Koda [CISAC] about use of music DR agreement with Forfatterkassen [writers] about use of literary works DR and TV 2 agreements with Copydan Billedkunst [visual arts] about use works of visual arts 5

6 ECL for broadcasters’ own activities - archives Agreements between DR and Copydan: 2008: “Achive package 1” about use of own archive productions on demand, i.e. the whole archive on- line : “Archive packages 2a and 2b” and on reutilisation of DR archives about repeat broadcast on specialised TV channels of programs that have been broadcast earlier, and 30 days’ catch up use of clips on demand of 500 hours’ and 40 hours’ archive productions, typically drama series DR’s upload of clips to social media such as YouTube, Twitter, Facebook – but the social media’s use is not cleared  2015: 5007 programs or 2570 hours were repeat broadcast on 4 DR channels (the specialised TV channels)

7 ECL for third parties’ activities – TV distributors  UBOD, national and foreign broadcasters  Specific ECL provision (sec. 35), supplemented by the general ECL (sec. 50(2))  Linear and non-linear use Agreements: Copydan (ECL) and UBOD together on one side Cable, incl. IPTV and OTT/internet, satellite, DTT – any platform Reception on traditional TV with or without a box, pc, tablet, smart phone Retransmission Various catch up services: Start Over, extended Start Over up to 48 hours back in time, and coming: 8 days’ catch up Store TV service (N-PVR) Mirroring of broadcasters’ on demand programs Portability

8 ECL for third parties’ activities  Specific ECL provision (sec. 35), supplemented by the general ECL (sec. 50(2)) Agreements with restaurants, stores, museums and other public premises: Public performance of broadcasts  Specific ECL provision (sec. 13 on reproduction within educational activities), supplemented by the general ECL (sec. 50(2)) Agreements with educational institutions: Schools, universities etc. about use of TV and radio for the purpose of educational activities

9 Example 1: broadcasters’ own activities - DR TV app (all DR programs, linear and non-linear)

10 Example 2: broadcasters’ own activities - DR Ramasjang app (children 3-6 years) (non-linear)

11 Example 3: TV distributor activities - largest TV distributor (YouSee) app (all TV channels linear and non-linear)

Amaliegade 31 DK-1256 København K T F E W lassenricard.dk 12 Thank you for listening. Terese Foged UBOD secretariat at Lassen Ricard