Legal Definitions - Directive on the Coordination of Certain Rules Concerning Copyright and Neighbouring Rights Applicable to Satellite Broadcasting and Cable Retransmission

The Directive on the Coordination of Certain Rules Concerning Copyright and Neighbouring Rights Applicable to Satellite Broadcasting and Cable Retransmission, often referred to as the Cable and Satellite Directive, is a European Union law introduced in 1993. Its primary goal is to harmonize copyright rules across EU member states regarding the transmission of creative works via satellite and their subsequent retransmission by cable networks. This directive ensures that copyright holders maintain control over their works when broadcast across borders within the EU.

Specifically, it establishes two key principles:

• It grants copyright owners the exclusive right to decide whether their protected works (like films, music, or TV shows) can be relayed or retransmitted by either satellite or cable systems. This means broadcasters and cable operators generally need permission from the copyright holder.
• It defines the "place" where a satellite broadcast is considered to originate. For legal purposes, the broadcast is deemed to take place in the EU country from which the signal is initially sent to the satellite, rather than where it is received. This simplifies licensing and legal jurisdiction for cross-border satellite transmissions.

Examples:

• Film Distribution Across Borders: Imagine a film production company based in France creates a new television series. They license the series for satellite broadcast across Europe. Under the Cable and Satellite Directive, this French company, as the copyright owner, has the exclusive right to decide if a cable operator in Germany can pick up that satellite signal and retransmit it to its subscribers. The Directive ensures the German cable operator must seek permission and potentially pay licensing fees to the French production company, rather than simply taking the broadcast without authorization.

• Live Sports Event Licensing: Consider a major football league in Spain that broadcasts its live matches via satellite from a studio in Madrid. A cable provider in Italy wishes to include these matches in its sports package for Italian viewers. The Directive clarifies two things: first, the Spanish football league (the copyright holder) has the right to authorize or deny this retransmission by the Italian cable provider. Second, for legal and licensing purposes, the satellite broadcast is considered to originate in Spain, where the signal was uplinked, simplifying the legal framework for licensing the rights across EU borders.

• Music Concert Broadcasts: A popular band performs a live concert in Sweden, which is broadcast via satellite throughout the European Union. A local cable television network in Poland wants to include this concert in its programming. According to the Directive, the music label or the band (as copyright holders) must grant permission for this cable retransmission. Furthermore, if there were any legal disputes regarding the broadcast, the Directive specifies that the "place" of the satellite broadcast is Sweden, where the signal originated, streamlining the legal process for all parties involved.