Credit: MECO

On Wednesday 30 March 2022, the two bills transposing two European directives in the field of copyright and related rights were adopted in Chamber of Deputies (Luxembourg's Parliament).

This vote is a decisive step in adapting the legislative framework to the challenges posed by the digital environment, particularly in the relations between digital players and rights holders, or to guarantee greater legal certainty in unprecedented situations which did not exist in an analog world.

European framework

Digital technologies have radically changed the way content is produced, distributed and viewed. The legislative framework must reflect as well as guide these changes and this is what motivated the establishment of two European directives in the field of copyright and related rights. These are the European guidelines:

  • Directive 2019/789 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes.
  • Directive 2019/790 on copyright and related rights in the digital single market (hereinafter the "copyright" directive).

Adopted on 17 April 2019, these two European directives have now been transposed into national law.

Law applicable to certain online transmissions and retransmissions of television and radio programmes

The first of the two laws adopted on 30 March 2022 transposes the directive establishing rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes. It aims to:

  • Extend the country of origin principle to certain online services provided by broadcasters;
  • Introduce new provisions relating to the retransmission of radio and television programmes using means other than cable (including introducing collective management for retransmission);
  • Specify the rules governing the use of protected works or other protected objects through the technical process of direct injection.

Law transposing the "Copyright" Directive

The second law voted on 30 March 2022 transposes the "Copyright" Directive and modernises certain aspects of the legal framework for copyright and related rights, in order to take into account technological progress in terms of digitilisation and new distribution channels protected content such as digital platforms. Furthermore, this directive aims to harmonise certain aspects of copyright and related rights in the EU internal market more generally.

For the practical implementation, a regular and open dialogue between the actors concerned, namely digital platforms, rights holders, press publishers, broadcasters and collective management organisations, etc. is essential.

In order to support more specifically the implementation of Article 17 of the “Copyright” Directive, the European Commission has published specific guidelines. Article 17 provides new rules for providers of online content sharing services for protected content uploaded by their users.