Satellite and Cable Directive

Last updated
Directive 93/83/EEC
European Union directive
Flag of Europe.svg
TitleDirective on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission
Made by Council of the European Union
Made underArts. 57(2), 66 & 100a
Journal referenceL248, 1993-10-06, pp. 1521
History
Date made27 September 1993
Came into force6 October 1993
Implementation date1 January 1995
Preparative texts
Commission proposalC255, 1991-10-01, p. 3
C25, 1993-01-28, p. 43
EESC opinionC98, 1992-04-21, p. 44
EP opinionC305, 1992-11-23, p. 129
Reports 
Other legislation
Replaces
Amends
Amended byDirective 2019/789 of 17 April 2019
Replaced by
Current legislation

The Satellite and Cable Directive (frequently shortened to SatCab Directive [1] ), formally the Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission, is a European Union directive that governs the application of copyright and related rights to satellite and cable television in the European Union. It was made under the internal market provisions of the Treaty of Rome.

Contents

Satellite broadcasting

An author has the exclusive right to authorise or prohibit the broadcasting of his or her works by satellite (Art. 2). This right may only be subject to a compulsory licensing scheme when the satellite broadcast is simultaneous with a terrestrial broadcast [Art. 3(2)]. Satellite broadcasting is assimilated to terrestrial broadcasting for the purposes of related rights (rights of performers, phonogram producers and broadcasting organisations) (Art. 4): the protection of these rights is governed by Directive 92/100/EEC. [2]

Cable retransmission

The main effect of the Directive is to stipulate that cable retransmission must be on the basis of contractual, not statutory, licences with copyright holders, although existing statutory licence schemes were permitted to remain in force until the end of 1997 (Art. 8). These licences may only be granted or refused by collecting societies [Art. 9(1)], which effectively makes such societies compulsory: a collecting society may be deemed to be mandated to manage the cable retransmission rights of a copyright holder in the absence of any expressive agreement [Art. 9(2)]. Broadcasting organisations are free to exercise their own related rights to license or prohibit the cable retransmission of their own broadcasts (Art. 10). The Directive also provides for mediation in disputes between cable operators and collecting societies (Art. 11) and for measures to prevent abuse of monopoly powers (Art. 12).

Implementation

Implementation of the Directive by Member States
Flag of Austria.svg Austria Urheberrechtsgesetznovelle 1996 No. 151
Flag of Belgium (civil).svg Belgium Loi du 30 juin 1994 relative au droit d'auteur et aux droits voisins, chapter III
Flag of Bulgaria.svg Bulgaria unknown
Flag of Cyprus.svg Cyprus unknown
Flag of the Czech Republic.svg Czech Republic Law No. 121/2000 Coll. of 7 April 2000 on Copyright, Rights Related to Copyright and on the Amendment of Certain Laws
Flag of Denmark.svg Denmark Act on Copyright 1995 No. 395
Flag of Estonia.svg Estonia unknown
Flag of Finland.svg Finland unknown
Flag of France.svg France Loi no 97-283 du 27 mars 1997 portant transposition dans le code de la propriété intellectuelle des directives du Conseil des Communautés européennes nos 93/83 du 27 septembre 1993 et 93/98 du 29 octobre 1993
Flag of Germany.svg Germany Law of 08.05.1998
Flag of Greece.svg Greece Law No. 2557/1997, Official Journal A271/1997
Flag of Hungary.svg Hungary unknown
Flag of Ireland.svg Ireland unknown
Flag of Italy.svg Italy Decreto legislativo del 23/10/1996 n. 581, attuazione della direttiva 93/83/CEE per il coordinamento di alcune norme in materia di diritto d'autore e diritti connessi applicabili alla radiodiffusione e alla ritrasmissione via cavo, Gazzetta Ufficiale
Flag of Latvia.svg Latvia Autortiesību likums (2000-04-06)
Flag of Lithuania.svg Lithuania Autorių teisių ir gretutinių teisių įstatimas N. VIII-1185 (1999-05-18)
Flag of Luxembourg.svg Luxembourg Loi du 8 septembre 1997
Flag of Malta.svg Malta Copyright Act, 2000
Flag of the Netherlands.svg Netherlands unknown
Flag of Poland.svg Poland unknown
Flag of Portugal.svg Portugal Decreto-Lei n. 333/97, de 27 de Novembro de 1997
Flag of Romania.svg Romania unknown
Flag of Slovakia.svg Slovakia Copyright Act of 1997-12-05 (No. 383/1997)
Flag of Slovenia.svg Slovenia Zakon o avtorskih in sorodnih pravicah (1995-03-30)
Flag of Spain.svg Spain Ley 28/1995, de 11 de octubre, de incorporación al Derecho español de la Directiva 93/83/CEE, del Consejo, de 27 de septiembre, sobre coordinación de determinadas disposiciones relativas a los derechos de autor y derechos afines a los derechos de autor en el ámbito de la radiodifusión vía satélite y de la distribución por cable
Flag of Sweden.svg Sweden unknown
Flag of the United Kingdom.svg United Kingdom Copyright and Related Rights Regulations 1996 No. 2967

See also

Notes and references

  1. See eg Hugenholtz 2009 , p. 7; Schulte zu Sundern 2019 , p. 453
  2. Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, OJ no. L346 of 1992-11-27, p. 61.

Literature

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