EC Copyright proposal
As a provider of audiovisual services and a buyer of rights, Orange welcomes the the balanced approach of the Commission towards the modernization of the EU copyright framework and of the regulation of retransmission.
Ensuring a well-functioning marketplace for audiovisual services in the future is a desirable goal for European creators and services providers, and will help promoting European creation and cultural industries.
However, the audiovisual value chain is a fragile one and progressive steps must be taken to build the single market.
Thus the modernization exercise should be carefully conducted, in particular regarding the extension of the country of origin principle. Orange considers the extension of the clearance of rights facilities for IPTV and mobile retransmissions, as well as for services ancillary to TV services, as positive steps, considering the rise of such technologies and the need for legal certainty for European service providers.
On the topic of intellectual property enforcement, cautiousness is required regarding any legal change. The limited liability regime as set up in the E-commerce directive, which involves no obligation to monitor for technical intermediaries, proved its worth and must be maintained. Co-regulation, as laid down in the Commission’s project, is the right way to go, as well as boosting legal offers of contents.