Territoriality and the Quest for a Unitary Copyright Title external link

IIC, 2024

Abstract

After 30 years of harmonization at EU level, copyright and related rights remain decidedly territorial in scope. This is despite the continuous quest for an internal market and the profound impact on cross-border creation, dissemination and use of cultural content. This contribution recounts the outcome of research done on territoriality in the context of the ReCreating Europe project. It discusses why national territorial rights persist, what type of legal mechanisms the EU legislature employs to address the adverse effects of territoriality, and sketches a number of models for a unitary title based on Art. 118 TFEU which could be explored going forward.

Art. 118 TFEU, Copyright, EU, territoriality, unitary title

Bibtex

Article{nokey, title = {Territoriality and the Quest for a Unitary Copyright Title}, author = {van Eechoud, M.}, url = {https://link.springer.com/article/10.1007/s40319-023-01412-w}, doi = {https://doi.org/10.1007/s40319-023-01412-w}, year = {2024}, date = {2024-02-01}, journal = {IIC}, abstract = {After 30 years of harmonization at EU level, copyright and related rights remain decidedly territorial in scope. This is despite the continuous quest for an internal market and the profound impact on cross-border creation, dissemination and use of cultural content. This contribution recounts the outcome of research done on territoriality in the context of the ReCreating Europe project. It discusses why national territorial rights persist, what type of legal mechanisms the EU legislature employs to address the adverse effects of territoriality, and sketches a number of models for a unitary title based on Art. 118 TFEU which could be explored going forward.}, keywords = {Art. 118 TFEU, Copyright, EU, territoriality, unitary title}, }

Film Financing in the Digital Single Market: Challenges to Territoriality external link

IIC, vol. 51, num: 2, pp: 167-186, 2020

Abstract

This article discusses the role of territorial licences for feature films against the background of judicial and market developments in the EU. Currently, territorial licences are deemed a cornerstone of the exploitation and financing of films in Europe. However, current models of film financing are under increasing pressure both from market developments such as the turbulent growth of global online video platforms, and from developments in EU law aimed at removing national territorial barriers to the Single Market. Examples are the rule of Union-wide exhaustion of the distribution right, the EU Portability Regulation and the country of origin rules for satellite broadcasting and online simulcasting. EU competition law sets additional limits to grants of territorial exclusivity, and prohibits clauses in broadcasting and pay television licences that prevent or restrict “passive” sales to consumers/viewers in non-licensed territories. The freedom of right holders to preserve territorial exclusivity by way of contract is likely to become increasingly vulnerable to EU competition law, as underlying territorial rights no longer support territorial grants. For the film sector where territorial exclusivity remains indispensable, the European Commission could create specific competition law rules in the form of “block exemptions”. Language exclusivity – i.e. exclusive grants of rights for distinct language versions of a film – could provide a practical and legally more robust alternative to territorial licensing.

Copyright, Digital Single Market, film, financing, frontpage, territoriality

Bibtex

Article{Hugenholtz2020, title = {Film Financing in the Digital Single Market: Challenges to Territoriality}, author = {Hugenholtz, P. and Poort, J.}, url = {https://link.springer.com/content/pdf/10.1007%2Fs40319-019-00900-2.pdf}, doi = {https://doi.org/10.1007/s40319-019-00900-2}, year = {0130}, date = {2020-01-30}, journal = {IIC}, volume = {51}, number = {2}, pages = {167-186}, abstract = {This article discusses the role of territorial licences for feature films against the background of judicial and market developments in the EU. Currently, territorial licences are deemed a cornerstone of the exploitation and financing of films in Europe. However, current models of film financing are under increasing pressure both from market developments such as the turbulent growth of global online video platforms, and from developments in EU law aimed at removing national territorial barriers to the Single Market. Examples are the rule of Union-wide exhaustion of the distribution right, the EU Portability Regulation and the country of origin rules for satellite broadcasting and online simulcasting. EU competition law sets additional limits to grants of territorial exclusivity, and prohibits clauses in broadcasting and pay television licences that prevent or restrict “passive” sales to consumers/viewers in non-licensed territories. The freedom of right holders to preserve territorial exclusivity by way of contract is likely to become increasingly vulnerable to EU competition law, as underlying territorial rights no longer support territorial grants. For the film sector where territorial exclusivity remains indispensable, the European Commission could create specific competition law rules in the form of “block exemptions”. Language exclusivity – i.e. exclusive grants of rights for distinct language versions of a film – could provide a practical and legally more robust alternative to territorial licensing.}, keywords = {Copyright, Digital Single Market, film, financing, frontpage, territoriality}, }

Is Harmonization a Good Thing? The Case of the Copyright Acquis external link

Copyright, copyright acquis, European Union, harmonization, related rights, territoriality, unification

Bibtex

Chapter{Hugenholtz2013, title = {Is Harmonization a Good Thing? The Case of the Copyright Acquis}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/publicaties/download/Is_harmonization_a_good_thing.pdf}, year = {1117}, date = {2013-11-17}, keywords = {Copyright, copyright acquis, European Union, harmonization, related rights, territoriality, unification}, }