ECL FOR BROADCASTERS’ AND THIRD
PARTIES’ ACTIVITIES
By Terese Foged, UBOD secretariat at Lassen Ricard, Copenhagen
Poland and WIPO conference 16-17.03.2016, Warsaw
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What is UBO
• Union of Broadcasting Organisations
• UBOD – Denmark
• UBOS – Sweden
• UBON – Norway
• UBOI – Iceland
• UBOE – Estonia
• Coordination among broadcasters regarding retransmission on all platforms –
and on demand, public performance, educational use etc.
• UBO is for broadcasters that have not cleared all the rights for third party
activities
• Coordinators and vice-coordinators – in UBOD: Caroline Reiler (DR), Peter
Weber (ZDF)
• Lassen Ricard law firm is secretariat for UBO, day-to-day administration; and
also attorney for UBO
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Members of UBO
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DR
TV 2|Danmark
Samvirket (local broadcasters)
SVT
TV4
NRK
TV 2 (Norway)
YLE
RUV
SVF
KNR
ARD
ZDF
ARTE
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RTL
VG Media: Sat.1, Pro7
France Télévisions
RAI
TVE
• + a large number of associate
members from Poland, Turkey,
Russia etc.
 More than 100 TV channels
(+ radio)
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Cooperation with the collecting societies
• Very important with well-functioning cooperation among/within the collecting
societies – Copydan and KODA the largest in Denmark
• The collecting societies and UBO together make agreements with the users
covering all rights
• UBO only gives consent for the rights of the broadcasters (right to the signal and
acquired rights)
• The collecting societies represent all other rights holders under ECL; cf. art. 10
of the SatCab directive for cable retransmission
• The collecting societies collect the remuneration and distribute it to UBO and
the other rights holders
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ECL for broadcasters’ own activities
 Not via UBOD, but broadcasters directly
 National public service broadcasters: DR, TV 2 and regional TV 2 stations (only)
 Specific ECL provisions (secs. 30 and 30 a in the Danish Copyright Act) and
general ECL (sec. 50(2)) for exploitation outside the specific ECLs
 Broadcast (linear) and on demand (non-linear) via own website and apps
Agreements:
• DR, TV 2 and regional TV 2 stations’ agreements with Koda [CISAC] about use
of music
• DR agreement with Forfatterkassen [writers] about use of literary works
• DR and TV 2 agreements with Copydan Billedkunst [visual arts] about use works
of visual arts
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ECL for broadcasters’ own activities archives
Agreements between DR and Copydan:
• 2008: “Achive package 1”
• about use of own archive productions on demand, i.e. the whole archive online
• 2010-2015: “Archive packages 2a and 2b” and on reutilisation of DR archives
• about repeat broadcast on specialised TV channels of programs that have been
broadcast earlier, and 30 days’ catch up
• use of clips
• on demand of 500 hours’ and 40 hours’ archive productions, typically drama
series
• DR’s upload of clips to social media such as YouTube, Twitter, Facebook – but
the social media’s use is not cleared
 2015: 5007 programs or 2570 hours were repeat broadcast on 4 DR channels
(the specialised TV channels)
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ECL for third parties’ activities – TV
distributors
 UBOD, national and foreign broadcasters
 Specific ECL provision (sec. 35), supplemented by the general ECL (sec. 50(2))
 Linear and non-linear use
Agreements:
• Copydan (ECL) and UBOD together on one side
• Cable, incl. IPTV and OTT/internet, satellite, DTT – any platform
• Reception on traditional TV with or without a box, pc, tablet, smart phone
• Retransmission
• Various catch up services: Start Over, extended Start Over up to 48 hours back
in time, and coming: 8 days’ catch up
• Store TV service (N-PVR)
• Mirroring of broadcasters’ on demand programs
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• Portability
ECL for third parties’ activities
 Specific ECL provision (sec. 35), supplemented by the general ECL (sec. 50(2))
Agreements with restaurants, stores, museums and other public premises:
• Public performance of broadcasts
 Specific ECL provision (sec. 13 on reproduction within educational activities),
supplemented by the general ECL (sec. 50(2))
Agreements with educational institutions:
• Schools, universities etc. about use of TV and radio for the purpose of
educational activities
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Example 1: broadcasters’ own activities
- DR TV app (all DR programs, linear and non-linear)
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Example 2: broadcasters’ own activities
- DR Ramasjang app (children 3-6 years) (non-linear)
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Example 3: TV distributor activities
- largest TV distributor (YouSee) app (all TV
channels linear and non-linear)
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Thank you for listening.
Terese Foged [email protected]
UBOD secretariat at Lassen Ricard
Amaliegade 31
DK-1256 København K
T +45 33 32 20 12
F +45 33 32 24 74
E [email protected]
W lassenricard.dk
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