Scope

Directive 2019/789 aims to improve the cross-border availability of television and radio programs in the internal market, by facilitating clearance of copyright and related rights for certain online services of broadcasters and for the retransmission of television and radio programs by means other than cable. The Directive also contains rules for programs transmitted via direct injection.

Relevance

Both Directive 2019/790 and Directive 2019/789 seek to solve copyright challenges in the light of transnational consumption and new technologies. The Norwegian Government has launched a hearing for implementing the Directive in the Norwegian Copyright Act, with a deadline set at 15 March 2024. We expect the legislative proposal to be considered by the Parliament during the first half of 2025.

Key takeaways

Directive 2019/789 is meant to increase access to broadcast programs from other Member States. It includes the application of the country of origin-principle for ancillary online services, rules governing the exercise of retransmission rights by rightholders other than broadcasting organisations, and provisions for mediation in cases where agreements cannot be reached. Additionally, it sets rules for the transmission of programs through “direct injection,” and amends the definition of “cable retransmission” in Directive 93/83/EEC. The Regulations in the Directive will have a positive effect on consumers, license holders and distributors.