Tag Archives: Audiovisual production

Audiovisual Media Services Directive

Leave a reply

Audiovisual Media Services Directive

Outline of the Community (European Union) legislation about Audiovisual Media Services Directive

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Audiovisual and media

Audiovisual Media Services (AMS) Directive

Document or Iniciative

Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance).

Summary

This Directive establishes legal, regulatory and administrative provisions related to the provision and distribution of audiovisual media services.

Which media service providers * does the Directive apply to?

This Directive applies to media service providers when:

  • the head office of the provider and the editorial decisions taken about the audiovisual media services are located in the same Member State;
  • the head office and audiovisual media services are located in different Member States;
  • the service provider has its head office in a Member State, whereas decisions on the audiovisual media services are taken in a third country;
  • the service provider uses a satellite up-link situated in a Member State;
  • the service provider uses satellite capacity appertaining to a Member State.

To what extent does freedom of retransmission apply?

Member States shall not restrict retransmissions on their territory of audiovisual media services from other Member States, as long as the programmes broadcast are not of a violent or pornographic nature which could offend the sensibilities of minors.

They may also limit retransmissions if they believe public policy, health and security or consumer protection to be at risk.

What are the obligations of media service providers?

Media service providers shall make the following information available to consumers:

  • their name;
  • their geographical address;
  • their contact details;
  • the competent regulatory or supervisory bodies.

Protection of minors

In order to protect minors against the negative effects of pornographic or violent programmes, such programmes, when broadcast, must be preceded by an acoustic warning or identified by the presence of a visual symbol throughout the broadcast.

Incitement to hatred

Audiovisual media services may not contain any incitement to hatred based on race, sex, religion or nationality.

Accessibility of audiovisual media services

Providers are obliged to improve the accessibility of their services for people with a visual or hearing disability.

The right to information

Member States may take measures aimed at ensuring that certain events, which it considers are of major importance for society, cannot be broadcast exclusively in such a way as to deprive a substantial proportion of the public in that Member State. Each Member State may draw up a list of events and implementation procedures.

For the purpose of short news reports, any broadcaster established in a Member State has the right to access short extracts of events of high interest to the public which are broadcast on an exclusive basis.

Promotion of European and independent works

Broadcasters must devote at least 10% of their transmission time, or 10% of their programming budget, to European works created by producers who are independent of broadcasters, excluding time allocated to:

  • news;
  • sports events;
  • games;
  • advertising;
  • teletext services;
  • teleshopping.

With regard to on-demand audiovisual media services, Member States shall ensure that audiovisual media service providers promote the production of and access to European works. To this end, audiovisual service providers can contribute financially to the production of European works, or they can reserve a share and/or prominence for European works in their catalogue of programmes.

Audiovisual commercial communication

Media service providers provide audiovisual commercial communications *. These must comply with certain conditions:

  • they must be readily recognisable. Surreptitious audiovisual commercial communication shall be prohibited;
  • they shall not use subliminal techniques;
  • they shall not prejudice respect for human dignity;
  • they shall not be discriminatory;
  • they shall not encourage behaviour harmful to the environment;
  • they shall not contain messages relating to alcoholic beverages specifically aimed at minors;
  • they shall not promote tobacco products;
  • they shall restrict the promotion of medicinal products and medical treatments to those available on prescription only;
  • they shall not cause moral or physical detriment to minors.

Certain programmes or audiovisual media services may be sponsored *. In this case, they must meet other types of requirements:

  • they shall not affect the editorial independence of the media service provider;
  • they shall not directly encourage the purchase or rental of goods;
  • viewers shall be informed of the sponsorship agreement.

Product placement is authorised in certain circumstances and in certain types of programmes.

Television advertising and teleshopping

Television advertising and teleshopping shall be distinguishable from editorial content through optical, acoustic or spatial means.

The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising or teleshopping on the condition that the interruption only takes place once for each programme period of 30 minutes.

This Directive repeals Directive 89/552/EC.

Key terms of the Act
  • Media service provider: the natural or legal person who has editorial responsibility for the choice of the audiovisual content of the audiovisual media service and determines the manner in which it is organised;
  • Audiovisual commercial communication: images with or without sound which are designed to promote, directly or indirectly, the goods, services or image of a natural or legal entity pursuing an economic activity;
  • Sponsorship: any contribution made by public or private undertakings or natural persons not engaged in providing audiovisual media services or in the production of audiovisual works, to the financing of audiovisual media services or programmes with a view to promoting their name, trade mark, image, activities or products;
  • Product placement: the inclusion of a product, a service or a trade mark in a programme in return for payment or for similar consideration.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2010/13/EU

5.5.2010

–

OJ L 95 of 15.4.2010

European cinema: opportunities and challenges in the digital era

Leave a reply

European cinema: opportunities and challenges in the digital era

Outline of the Community (European Union) legislation about European cinema: opportunities and challenges in the digital era

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Audiovisual and media

European cinema: opportunities and challenges in the digital era

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 24 September 2010 on opportunities and challenges for European cinema in the digital era [COM(2010) 487 final – Not published in the Official Journal].

Summary

This Communication sets out the strategy developed by the European Commission to help European cinema owners in the transition to digital cinema.

Obstacles to developing digital cinema

The European cinema market is very mixed. It includes different language zones and many different operators. This diversity can make it more difficult for global deals or national roll-outs to be implemented.

Another obstacle lies in the limited levels of activity in many European cinemas. 31% of European screens are in single-screen cinemas while only 10% of European cinemas are multiplexes. In view of the higher costs of digital equipment, this situation makes the digitisation process harder.

Investment in digital equipment has to be borne by exhibitors, but savings will be made by distributors thanks to the lower cost of digital copies. Investment in very expensive digital equipment may prove to be economically unviable for a number of cinemas, particularly independent or arthouse cinemas.

Finally, a consequence of digitisation will be staff redundancy for projectionists and laboratory technicians. In order to limit the social consequences of the cinema digitisation process, the transition period needs to be carefully managed and significant funding should be allocated for training professionals.

Standardisation and equipment needed for digital transition

The International Organization for Standardisation (IOS) is considering standardising the equipment needed for digital transition based on the model developed by the Digital Cinema Initiative (DCI). This model is based on (among others) “2k” resolution (a resolution of 2048×1080) or “4k” (a resolution of 4096×2160 for screens over 15 metres), and the introduction of the JPEG 2000 format using digital technologies such as HDTV Broadcast, Blu-Ray and video-on-demand. However, 2k equipment is very expensive and European cinemas will not reap short-term benefits from it, except perhaps those that screen 3D films.

Over 80% of European screens are less than 10 metres wide. For this type of screen, it is possible to use projectors with a lower resolution as the quality is more than sufficient and they are less expensive than 2k equipment. However, studios would need to agree to this type of technology being used to screen their films.

The EU shall seize the opportunities offered by the standardisation process in order to obtain the flexibility needed to enable all viable cinemas in Europe to use digital projection.

Possible financing models

Distributors can sign agreements with “integrators” who finance the acquisition of digital cinema equipment on behalf of exhibitors. These intermediaries then collect the distributors’ contribution to repay part of the investment made. However, this VPF (Virtual Print Fee) model may prove to be unsuitable for smaller and arthouse cinemas, and may have an impact on the programming freedom of exhibitors.

Member States or regions may also co-finance cinema digitisation projects using the EU’s Structural Funds through projects linked with urban regeneration, rural diversification, cultural tourism or the information society and human capital, in particular.

Furthermore, arthouse or smaller cinemas could group together and “mutualise” their costs in order to access private investment or European funds, subject to compliance with European competition rules. In addition, they may benefit from State aid for culture and heritage conservation.

Possible intervention at EU level

EU intervention accompanying digital transition will be carried out in accordance with:

  • Article 167 of the TFEU;
  • the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions;

and will take account of the funds available from:

  • the MEDIA Programme;
  • the European Investment Bank (EIB).

The MEDIA Programme is a useful tool in that it:

  • provides a training scheme for professionals;
  • sets digital technology objectives in the field of distribution and dissemination;
  • offers the possibility to create a new action specifically aimed at the digital transition of European cinemas.

Action envisaged by the European Commission between now and 2012 to accompany the transition to digital cinema projection for European cinemas includes:

  • a report on the adoption of digital cinema projection standards;
  • a study on the costs of digital equipment;
  • a Recommendation on promoting digitisation of European cinema;
  • a Communication on appropriate criteria for assessing State aid for digital projection.

Towards a single market in creative content online

Leave a reply

Towards a single market in creative content online

Outline of the Community (European Union) legislation about Towards a single market in creative content online

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Internet Online activities and ICT standards

Towards a single market in creative content online

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 3 January 2008 on Creative Content Online in the Single Market [COM(2007) 836 final – Not published in the Official Journal].

Summary

This Communication covers a wide range of subjects related to the online creative content sector *. It marks the launch by the Commission of its “online content” initiative, the aim of which is to enhance the availability of online creative content through developing new and innovative business models, and ensuring additional income for all those involved in the value chain.

It also aims to foster the emergence of a single European market for online music, films and games.

The continuous widespread availability of broadband internet access (roll-out of advanced mobile networks) and content distribution possibilities (mass availability of digital devices) are opening up new prospects for both the European online content industry and European consumers.

According to some studies covering the 25 Member States, revenue from the sale of online content will go from EUR 1.8 billion in 2005 to EUR 8.3 billion in 2010.

Existing regulation of the European online content sector is too fragmented and lacks transparency. One of the main objectives of the strategic i2010 framework launched in 2005 is the creation of an open and competitive market for the services of the European Union (EU) information society.

However, this situation gives rise to new challenges, ranging from copyright to consumer safety and technical (radio spectrum and broadband) issues. This Communication specifically relates to the distribution of online content.

Challenges associated with developing a single market for creative content online

Three objectives need to be met to ensure the transfer of creative content services to an online environment, namely:

  • to encourage European content contributing to European competitiveness while fostering the diversity of content creation and Europe’s cultural and linguistic heritage;
  • to modernise the legal framework relating to distribution of creative content taking into account copyright for the creation of content;
  • fostering the active role of users in content creation, selection and distribution.

On the basis of the public consultation held in 2006 on these issues, the Commission identifies the main challenges which merit Community action:

  • availability of creative content;
  • development of multi-territory licensing;
  • interoperability and transparency of Digital Rights Management systems (DRMs);
  • fight against piracy and illegal downloading of copyright-protected content.

The lack of availability of creative content intended for online distribution and the few operating licences granted to new platforms remain the main obstacles to the development of services proposing online content. The availability of creative content is not sufficiently stimulated by the development of new forms of distribution. Copyright holders fear losing control since the development of piracy in the digital environment has proved to be very damaging and distributors cannot reach agreement with content owners on the terms of trade for exploitation of content. This situation prevents licensing on new platforms for online content. Another concern relates to the high cost of transactions related to the granting of rights. By enhancing its role of facilitator at the heart of the new platform for discussion on online content, the Commission wishes to establish constructive dialogue between stakeholders.

The lack of multi-territory licences for creative content makes it difficult for online services to make full use of European cultural works outside their national markets, while content services are available across the Internal Market. The Commission had already recommended the implementation of a multi-territory licensing system specific to the field of musical words online.

The Commission encourages the establishment of a framework for the interoperability * and transparency of Digital Rights Management Systems which would enable copyright holders to enforce compliance in the digital environment while guaranteeing clear information for consumers on the terms of use for downloaded content and on the interoperability of corresponding online services.

The Commission invites access and service providers, copyright holders and consumers to work closely together on the basis of a “code of conduct” to combat online piracy and ensure that a wide range of online services are available legally.

Twofold approach: communication and consultation

The Commission’s approach is twofold. On the one hand, establishment of a new framework for discussion between stakeholders by creating a platform for discussion on all the issues raised by online creative content (content availability, improvement of mechanisms for the granting of rights, the development of multinational licensing, online copyright management, cooperation mechanisms to improve compliance with copyright in an online environment, etc.) and, on the other hand, preparation for the adoption of a Proposal for a Recommendation on online creative content by mid-2008.

By referring to the Annexes to this Communication, stakeholders are invited to give their views by 29 February on the main challenges associated with the development of a single market in creative content online.

Key terms used in the act
  • Creative content online: content and services such as online audiovisual creations (cinema, television, music and radio), online games, online publication, online educational content and content created by users.
  • Interoperability: interoperability means that several systems, whether identical or radically different, can communicate without ambiguity and work together. Interoperability is a very important concept for the global telephone network and the Internet, which are essentially heterogeneous networks, where diverse and varied equipment intersects. Communications must therefore comply with clear and uniform standards.

Related Acts

Council Conclusions of 20 November 2008 on the development of legal offers of online cultural and creative content and the prevention and combating of piracy in the digital environment [Official Journal C 319 of 13.12.2008].
The European Council notes in its conclusions that the online distribution of cultural and creative assets is a factor in accessing culture, in economic development, employment and cultural diversity. Its development potential in Europe is considerable but may be impeded by online piracy which infringes the remuneration of copyright holders and holders of related rights.
The Council invites Member States to draw out solutions with a view to combating online piracy whilst encouraging the development of the legal offer. Furthermore, Member States are also invited to promote audiovisual and film offer notably through the implementation of the Directive on audiovisual media services. In this regard, the European Commission is invited to cooperate closely with Member States.

Orphan works

Leave a reply

Orphan works

Outline of the Community (European Union) legislation about Orphan works

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Businesses in the internal market > Intellectual property

Orphan works

Proposal

Proposal for a Directive of the European Parliament and of the Council of 24 May 2011 on certain permitted uses of orphan works [COM(2011) 289 final – Not published in the Official Journal].

Summary

This Proposal establishes a legal framework concerning orphan works * taking the form of:

  • books, journals, newspapers, magazines or other writings;
  • cinematographic or audiovisual works contained in the collections of film heritage institutions;
  • cinematographic, audio or audiovisual works belonging to the archives of public service broadcasting organisations.

It applies to all works which are protected by the Member States’ legislation in the field of copyright.

This Proposal defines the conditions governing the use of orphan works by:

  • publicly accessible libraries;
  • publicly accessible educational establishments;
  • publicly accessible museums;
  • archives;
  • film heritage institutions;
  • public service broadcasting organisations.

What are the parameters for identifying an orphan work?

The organisations referred to above are required to carry out a diligent search to identify and locate the copyright holder of a work through appropriate sources. These sources are determined by Member States, in consultation with rightholders and users. In particular, they may take the form of:

  • legal deposits;
  • databases of the relevant collecting societies;
  • indexes and catalogues from library holdings and collections;
  • publishers associations in the respective country.

The results of diligent searches must be recorded in a publicly accessible database.

Where the rightholders are not identified or located following a diligent search, a work is considered an orphan work and is recognised as such in all other Member States. The copyright holder nevertheless has the possibility of putting an end to the orphan status at any time.

What types of uses of orphan works are permitted?

Publicly accessible libraries, educational establishments and museums, archives, film heritage institutions and public service broadcasting organisations are obliged to use orphan works for a public interest purpose which includes activities such as:

  • the preservation and restoration of the works contained in their collection;
  • the provision of cultural and educational access to those works.

Organisations are obliged to maintain records of diligent searches carried out and publicly accessible records of their use of orphan works.

However, these organisations may be authorised by Member States to use an orphan work for a purpose other than that of the public interest, provided they remunerate rightholders who put an end to the work’s orphan status.

Context

This Proposal follows the Recommendation on the online digitisation of cultural heritage published in 2006 which invited Member States to equip themselves with legislation on orphan works, an invitation that few of them took up. It is also in line with the objectives of the Digital Agenda for Europe.

Key terms of the Act
  • Orphan work: a work whose rightholder has not been identified or, even if identified, has not been located after a diligent search for the rightholder has been carried out and recorded.

Reference

Proposal Official Journal Procedure

COM(2011) 289

–

2011/0136/COD

Another Normative about Orphan works

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Information society > Data protection copyright and related rights

Orphan works

Proposal

Proposal for a Directive of the European Parliament and of the Council of 24 May 2011 on certain permitted uses of orphan works [COM(2011) 289 final – Not published in the Official Journal].

Summary

This Proposal establishes a legal framework concerning orphan works
* taking the form of:

  • books, journals, newspapers, magazines or other writings;
  • cinematographic or audiovisual works contained in the collections of film heritage institutions;
  • cinematographic, audio or audiovisual works belonging to the archives of public service broadcasting organisations.

It applies to all works which are protected by the Member States’ legislation in the field of copyright.

This Proposal defines the conditions governing the use of orphan works by:

  • publicly accessible libraries;
  • publicly accessible educational establishments;
  • publicly accessible museums;
  • archives;
  • film heritage institutions;
  • public service broadcasting organisations.

What are the parameters for identifying an orphan work?

The organisations referred to above are required to carry out a diligent search to identify and locate the copyright holder of a work through appropriate sources. These sources are determined by Member States, in consultation with rightholders and users. In particular, they may take the form of:

  • legal deposits;
  • databases of the relevant collecting societies;
  • indexes and catalogues from library holdings and collections;
  • publishers associations in the respective country.

The results of diligent searches must be recorded in a publicly accessible database.

Where the rightholders are not identified or located following a diligent search, a work is considered an orphan work and is recognised as such in all other Member States. The copyright holder nevertheless has the possibility of putting an end to the orphan status at any time.

What types of uses of orphan works are permitted?

Publicly accessible libraries, educational establishments and museums, archives, film heritage institutions and public service broadcasting organisations are obliged to use orphan works for a public interest purpose which includes activities such as:

  • the preservation and restoration of the works contained in their collection;
  • the provision of cultural and educational access to those works.

Organisations are obliged to maintain records of diligent searches carried out and publicly accessible records of their use of orphan works.

However, these organisations may be authorised by Member States to use an orphan work for a purpose other than that of the public interest, provided they remunerate rightholders who put an end to the work’s orphan status.

Context

This Proposal follows the Recommendation on the online digitisation of cultural heritage published in 2006 which invited Member States to equip themselves with legislation on orphan works, an invitation that few of them took up. It is also in line with the objectives of the Digital Agenda for Europe.

Key terms of the Act
  • Orphan work: a work whose rightholder has not been identified or, even if identified, has not been located after a diligent search for the rightholder has been carried out and recorded.

Reference

Proposal Official Journal Procedure

COM(2011) 289

–

2011/0136/COD