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Document 01993L0083-20190606
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
Consolidated text: 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
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
01993L0083 — EN — 06.06.2019 — 001.001
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COUNCIL DIRECTIVE 93/83/EEC of 27 September 1993 (OJ L 248 6.10.1993, p. 15) |
Amended by:
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DIRECTIVE (EU) 2019/789 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 April 2019 |
L 130 |
82 |
17.5.2019 |
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
CHAPTER I
DEFINITIONS
Article 1
Definitions
For the purpose of this Directive, ‘communication to the public by satellite’ means the act of introducing, under the control and responsibility of the broadcasting organization, the programme-carrying signals intended for reception by the public into an uninterrupted chain of communication leading to the satellite and down towards the earth.
The act of communication to the public by satellite occurs solely in the Member State where, under the control and responsibility of the broadcasting organization, the programme-carrying signals are introduced into an uninterrupted chain of communication leading to the satellite and down towards the earth.
If the programme-carrying signals are encrypted, then there is communication to the public by satellite on condition that the means for decrypting the broadcast are provided to the public by the broadcasting organization or with its consent.
Where an act of communication to the public by satellite occurs in a non-Community State which does not provide the level of protection provided for under Chapter II,
if the programme-carrying signals are transmitted to the satellite from an uplink situation situated in a Member State, that act of communication to the public by satellite shall be deemed to have occurred in that Member State and the rights provided for under Chapter II shall be exercisable against the person operating the uplink station; or
if there is no use of an uplink station situated in a Member State but a broadcasting organization established in a Member State has commissioned the act of communication to the public by satellite, that act shall be deemed to have occured in the Member State in which the broadcasting organization has its principal establishment in the Community arid the rights provided for under Chapter II shall be exercisable against the broadcasting organization.
CHAPTER II
BROADCASTING OF PROGRAMMES BY SATELLITE
Article 2
Broadcasting right
Member States shall provide an exclusive right for the author to authorize the communication to the public by satellite of copyright works, subject to the provisions set out in this chapter.
Article 3
Acquisition of broadcasting rights
A Member State may provide that a collective agreement between a collecting society and a broadcasting organization concerning a given category of works may be extended to rightholders of the same category who are not represented by the collecting society, provided that:
Article 4
Rights of performers, phonogram producers and broadcasting organizations
Article 5
Relation between copyright and related rights
Protection of copyright-related rights under this Directive shall leave intact and shall in no way affect the protection of copyright.
Article 6
Minimum protection
Article 7
Transitional provisions
CHAPTER III
CABLE RETRANSMISSION
Article 8
Cable retransmission right
Article 9
Exercise of the cable retransmission right
Article 10
Exercise of the cable retransmission right by broadcasting organizations
Member States shall ensure that Article 9 does not apply to the rights exercised by a broadcasting organization in respect of its own transmission, irrespective of whether the rights concerned are its own or have been transferred to it by other copyright owners and/or holders of related rights.
Article 11
Mediators
Article 12
Prevention of the abuse of negotiating positions
CHAPTER IV
GENERAL PROVISIONS
Article 13
Collective administration of rights
This Directive shall be without prejudice to the regulation of the activities of collecting societies by the Member States.
Article 14
Final provisions
When Member States adopt these measures, the latter shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such a reference shall be laid down by the Member States.
Article 15
This Directive is addressed to the Member States.