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Council Directive on satellite broadcasting copyright

A Council Directive on the coordination of rules concerning copyright and rights relates to copyright applicable to satellite broadcasting and cable retransmission (Directive 93/83/EEC of 27.9.1993). The Directive sets out that Member States shall provide an exclusive right to...

A Council Directive on the coordination of rules concerning copyright and rights relates to copyright applicable to satellite broadcasting and cable retransmission (Directive 93/83/EEC of 27.9.1993). The Directive sets out that Member States shall provide an exclusive right to the author of a copyrighted work or work protected by copyright to authorize its communication to the public by satellite, subject to the further provisions of the Directive. These include: The acquisition of broadcasting rights; rights of performers, phonographic producers, and broadcasting organizations; relations between copyright and related rights; transitional provisions; cable retransmission right and its exercise; exercise of this right by the broadcasting organizations; mediation; prevention of the abuse of negotiating positions. Member States shall bring into force the laws and administrative provisions necessary to comply with the Directive before 1 January 1995. The preamble to the Directive points out that the Council has already adopted Directive 89/552/EEC concerning the pursuit of television broadcasting activities. However, the achievement of the objectives of that Directive in respect of cross-border satellite broadcasting and the cable retransmission of programmes from other Member States is currently still obstructed by differences between national rules of copyright and legal uncertainty. This latter, in particular, constitutes an obstacle to the free circulation of programmes within the Community.