Report on Territoriality & Financing of Audiovisual Works
The European Audiovisual Observatory has published a free report on the latest developments in European media law concerning territoriality and the financing of audiovisual production. The report provides an in-depth look at issues surrounding the country-of-origin principle as well as the principle of territoriality in light of recent developments in media law.
The Digital Single Market and media legislation in Europe are changing the ways in which audiovisual works can be financed and exploited across different territories. The European Audiovisual Observatory has spent a number of years reviewing the implications of these developments and provides a comprehensive overview of their findings in the newly released report "Territoriality and Financing of Audiovisual Works: Latest Developments".
The report focuses on the potential impacts of recent media regulations and copyright law on the “country of origin” (COO) principle (which places content under the jurisdiction of the country where the audiovisual media service provider is established) and the principle of territoriality of copyright (whereby works are licensed on a country-by-country basis). The latest development in this field was the adoption of the Directive on copyright and related rights applicable to certain online transmissions in March of last year, which saw the principle of territoriality preserved after intensive discussion with stakeholders in the audiovisual industry.
In five chapters, the report looks at different impacts on the audiovisual sector such as:
- territorial licensing in the pre- financing of audiovisual works through the pre-sale of rights to broadcasters and distributors on a territorial basis
- overview of international and European frameworks concerning territoriality of copyright and the COO principle, as laid down in copyright and audiovisual media legislation, focusing in particular on the latest developments in this field
- legal provisions adopted at national level
- views of the industry on the previously mentioned legal developments and the discussions surrounding territoriality and the COO principle, in particular as far as licensing practices and financing are concerned
- a recent case law concerning territorial licensing before and after the harmonisation of EU copyright legislation
Download the Full Report
The full report is free of charge and can be downloaded in PDF format on the website of the European Audiovisual Observatory (click here to access the report).
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