Broadcasters need a “blanket license” covering both online and offline content, the EBU’s Head of European Affairs has told a European Parliament hearing into the proposal for a Directive on Collective Rights Management.

The hearing, organized on 16 May by the Greens/EFA political group, was attended by a number MEPs involved in the drafting of a European Parliament report on the proposal.

Addressing the group, EBU Head of European Affairs Nicola Frank said the proposal was “a step in the right direction”, stressing that public service media have “always relied on collective rights management”.  

Ms Frank told the hearing: “At present, collecting societies in the EU can grant us one licence, which allows us to use music both for our broadcasts and our online services, as needed through reciprocal agreements between collecting societies.”

The proposal recommends a multi-territory licensing system for online music use which, while conceived to support the activities of online-only music services, such as Spotify, would overcomplicate music licensing for broadcasters’ own online services.

To some extent, the proposal does recognize this fact, and exempts broadcasters from the multi-territory licensing system for their online catch-up, live streaming and “ancillary” services. But the exemption does not cover the full scope of broadcasters’ online offer today. The proposed legal formulation for the exemption could, in reality, hamper the development of broader online offers in the future.

Ms Frank underlined that broadcasters need to be able to provide attractive and innovative online media content. 

“Providing a mix of linear TV and online content, including online-only content, is particularly important to reach older children and young adults, who might otherwise not be exposed to the educational and cultural benefits of public service broadcasting,” she said.

“Broadcasters require a blanket license covering both online and offline content. Obliging us to seek an additional licence for online-only content from a collecting society, potentially in another country, would simply increase the administrative burden and complexity of rights’ clearance, contrary to the Directive’s aims.”

In addition, Nicola Frank cautioned that the Directive should not affect extended collective licensing and other mandatory licensing mechanisms that exist in different EU Member States, and preclude any future obstacles to the establishment of such mechanisms.

Background:

The Proposal for a Directive on Collective Rights Management aims to improve the governance and transparency of collective rights management organizations, and render possible the delivery of music licenses covering several EU territories.

As EU co-legislator, the European Parliament is required to prepare a report on the Proposal for a Directive on Collective Rights Management and propose amendments. The European Parliament must then agree on amendments with the EU Member States, who are represented by the EU Council as the other co-legislator. When Parliament and Council reach an agreement on amendments, which should happen during the second half of 2013, the proposal for a Directive will become applicable EU law. 

The full transcript of Nicola Frank’s speech can be found here
Complete footage of the hearing is available on the website of the Greens/EFA political group.