As announced in Europolitics 4232, the European Commission opened a consultation of audiovisual professionals, on 13 July (running until 18 November). It seeks their views on how to facilitate the distribution of audiovisual works (TV and films) online. The executive considers that national rules on distribution and protection of copyright represent a hindrance to this market.
"Consumers increasingly expect to be able to watch anything, anywhere, any time and via any of a number of devices (TV, personal computer, game console, mobile media device). Business models have to evolve rapidly to keep pace with the ever faster pace of technological change," reads a statement by the EU executive.
These options do not rally unanimity. The European commercial televisions represented by ACT drew red lines, on 12 July, stating that "business rules must not be abandoned in the online world because broadcasters will continue to invest in content only if they stand a reasonable chance of making a return".
The green paper serves as a starting point for a general debate: "Should the regulatory framework be adapted to enable firms in the sector to develop new business models, to give creators of content new distribution channels and to give consumers better access to content across Europe?" If so, how?
These contributions will come on top of work by Commissioner Michel Barnier's staff on a legislative proposal on collective copyright and a revision of the 2001 directive on compliance with intellectual property rights.
TV, CINEMA, COPYRIGHT
The green paper focuses on three main themes: online cinema, internet television and remuneration of authors and performers for exploitation of their rights online. On TV, the Commission suggests the idea of a European passport' for copyright and asks whether it could benefit online distribution of audiovisual works.
On cinema, considering the territorial approach taken by producers when granting distribution rights, the Commission wishes to zero in on the constraints that hinder the development of multi-territory platforms of online films. Are current film financing and distribution models, based on territorial systems, relevant in the digital context, it asks.
For authors and performers, the Commission raises the question of an "inalienable right" to be remunerated "proportionally" for exploitation of their rights online. This right could be granted at European level. In that case, should such a right necessarily be managed by collective rights management societies, asks the Commission.
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