Dutch Supreme Court: Cable retransmission has ended, but the levy might be reintroduced

Dirk Visser, Institute for Private Law, Leiden University, Dutch Supreme Court: Cable retransmission has ended, but the levy might be reintroduced. Verschenen op Kluwer Copyright Blog, 7 april 2014.

"The cable distribution of Dutch television programs as it currently takes place in The Netherlands is no longer a ‘cable retransmission’ in the sense of the EU Satellite and Cable (SatCab) Directive, because it is no longer preceded by an ‘initial transmission’ ‘intended for reception by the public’. Therefore, the mandatory collective management of cable retransmission rights prescribed by article 9 of the SatCab Directive does no longer apply, nor does the rule of article 9.2 of the same that the relevant collecting societies have a mandate to represent non-members. [...]

This could well mean that several Dutch collecting societies, in particular those representing actors, screenwriters and directors (Norma, Lira and Vevam) can no longer claim remuneration for cable (re)transmission of programs broadcast by Dutch broadcasters. This represents 90% of the programs viewed in The Netherlands. Remuneration for programs broadcasted by foreign broadcasters is probably not affected, to the extent that those programs are still retransmitted. Performing rights societies Buma and Sena are not affected, because their rights are not limited to retransmissions, they also include broadcasting rights. Also, musical rights are not covered by the presumption of transfer to the filmproducer. Visual rights collecting society Pictoright is also not affected because it mainly represents rights in preexisting works which are not covered by the presumption of transfer.

It is important to note, however, that the Dutch Ministry of Justice has started a consultation process [2] for a possible amendment to the bill copyright contract law that is currently pending before the lower house of the Dutch parliament. In this amendment a right to a proportional equitable remuneration, which is to be exercised collectively, is introduced relating to video-on-demand and all kinds of broadcasting including cable transmission. If this amendment would be accepted, a right collective right to remuneration for cable distribution would be reintroduced."

Lees hier meer. Lees het arrest van de Hoge Raad hier.