The Cable and Satellite Directive, also referred to as the Directive on the Coordination of Certain Rules Concerning Copyright and Neighbouring Rights Applicable to Satellite Broadcasting and Cable Retransmission, was established by the European Commission in 1993. This legislation mandates that nations uphold the rights of copyright owners, granting them the authority to determine whether their work can be broadcasted on cable or satellite television. Additionally, the law defines the “place” of a satellite broadcast as the originating signal location.
The Cable and Satellite Directive, also known as the Directive on the Coordination of Certain Rules Concerning Copyright and Neighbouring Rights Applicable to Satellite Broadcasting and Cable Retransmission, was introduced by the European Commission in 1993. This directive mandates that member countries must recognize the right of a copyright owner to determine whether their work can be transmitted via cable or satellite. It also defines the “place” of a satellite broadcast as the location where the signal originates. For example, if a TV show is copyrighted, the owner of the copyright has the right to decide whether the show can be broadcasted through cable or satellite, and this right is protected by law under the Cable and Satellite Directive. Additionally, the directive specifies that the “place” of a satellite broadcast is determined by the location where the signal originates, meaning that a TV show broadcasted from France is subject to French copyright laws, even if it is being watched in another country.
The Directive is a legal framework established by the European Union to harmonize copyright and neighboring rights regulations for satellite broadcasting and cable retransmission within member states.
The Directive aims to ensure the protection of copyright and neighboring rights in the context of satellite broadcasting and cable retransmission, while also facilitating the cross-border transmission of broadcasts within the EU.
The Directive covers various aspects related to satellite broadcasting and cable retransmission, including the rights of broadcasters and cable operators, the retransmission of broadcasts, the licensing of rights, and the enforcement of copyright and neighboring rights.
Satellite broadcasting refers to the transmission of broadcasts by means of a satellite for reception by the public, regardless of the technology used for the transmission.
Cable retransmission refers to the simultaneous and unaltered retransmission by cable of broadcasts received from a terrestrial transmitter.
No, the Directive specifically focuses on satellite broadcasting and cable retransmission and does not cover online streaming services. However, separate regulations may apply to online streaming platforms.
The Directive grants broadcasters and cable operators the exclusive right to authorize or prohibit the retransmission of their broadcasts by cable operators or satellite broadcasters.
No, cable operators and satellite broadcasters must obtain the necessary licenses or permissions from the rights holders (broadcasters) before retransmitting their broadcasts.
The Directive establishes a system of mandatory collective management of copyright and neighboring rights for cross-border satellite broadcasting and cable retransmission, allowing for easier licensing and transmission of broadcasts across EU member states.
The Directive requires member states to establish effective and dissuasive penalties for copyright infringement, which may include fines, injunctions, and damages. The specific penalties may vary depending on national legislation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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