Following the publication of the European Commission’s Digital Market Strategy, which expressed a desire to prevent “unjustified geo-blocking”, and a public consultation on this topic, a regulation has been proposed that would ensure that “subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these services”.
If the proposal is implemented, services like Netflix, BBC iPlayer, Sky Movies and Sky Sports would be unblocked for subscribers when travelling to another country within the European Union. While consumer groups have welcomed the proposal, film and television producers and distributors and others in the creative industries have criticized the proposal for its lack of detail, its unenforceability and its potentially detrimental impact on the market.
This seminar will focus on issues around the portability of online content services. Key questions for the seminar include:
- How will the proposed regulation affect contracts between producers and distributors of online content?
- How will “temporary presence” in another country be defined, and how can this be verified?
- What will be the impact on the market, in terms of prices, piracy, and production of content?
Presentations:
Giuseppe Mazziotti, Professor of intellectual property law, School of Law, Trinity College Dublin;
Felice Simonelli, Research Fellow, CEPS:
Introductory Presentation (Slides)
Regulation on ‘cross-border portability’ of online content services: Roaming for Netflix or the end of copyright territoriality? (CEPS Commentary)
Emilie Anthonis, ?EU Affairs Advisor, ACT :
How to make portability work (Slides)
