The Digital Single Market: Whither the Territoriality of Copyright?

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Presentation transcript:

The Digital Single Market: Whither the Territoriality of Copyright? Ted Shapiro Wiggin LLP 15 May 2016

The Digital Single Market 6 May 2015: Communication on a DSM Strategy for Europe DSM: "one in which the free movement of goods, persons, services and capital is ensured and where citizens and businesses can seamlessly access and exercise online activities under conditions of fair competition, irrespective of their nationality or place of residence.” 9 Dec 2015: © Communication & Draft Portability Regulation © in the DSM: Territoriality, portability, cross-border access, exceptions, role of platforms, the value gap, author/performer remuneration, enforcement...geo-filtering, digital contracts.... EC PLANS MORE DRAFT LEGISLATION THIS FALL And maybe one day – A Single Copyright Law to rule them all

Geo-Filtering Leaked Draft Communication (end April): Legislative proposals on “unjustified” geo-blocking non-discrimination based on nationality or place of residence Keyed to the Services and E-Commerce Directives AV services (and © to a certain extent) excluded but subject to separate more specific measures Pay-TV case Sat Cab on the Internet Portability E-Commerce Sector Inquiry Release Expected at the End of the Month

Satellite & Cable on the Internet Directive from 1993 for then nascent industries Varying pronouncements and subject to change (and of course subject to the vagaries of legislative procedures) Current approach Extending Mandatory CRM beyond cable to IPTV and similar closed networks But what about... Internet? Delayed Retransmissions? Other services (implicating on demand)? Extending Country of Origin principle beyond satellite to “Traditional” b’cast services online (simulcast & catch-up) Standalone OTT and other online services?

Portability Portability is distinct from full cross-border access Portability Obligation Verification Obligation Localisation Mechanism for exclusive rights Temporary presence 12 months entry into force after adoption RHs can license content on an exclusive territorial basis but the Regulation will undermine © territoriality Member State agreement expected on 26 May Parliament has barely started

PEACE LOVE AND COPYRIGHT