Media Study - Medija centar Beograd

Council Directive 93/83/EEC of 27 September 1993 addresses issues relating to the coordination of certain rules
concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission.
The satellite broadcasting of copyright works requires authorization from the rightholder. The right to broadcast
these works may be acquired from the rightholder only by agreement. Performers are granted an exclusive right to:
Broadcast live performances by satellite;
Fix (record) an unfixed performance;
Reproduce a fixation of a performance.
Where a phonogram is used for a satellite broadcast, an equitable remuneration is to be paid to the performers, or
to the producers of phonograms, or to both. Broadcasting organizations have exclusive rights over the
retransmission, fixation and reproduction of fixations of their broadcasts. Limits may be imposed on the right to
authorize or prohibit broadcasting, for example in the case of private use or the use of short excerpts in connection
with programmes on current events. Member States may establish further protective measures than that required
by the Directive.
Cable retransmission of broadcasts is regulated by copyright and related rights in the Member States and by
agreements between copyright owners, holders of related rights and cable operators. These rights to authorize or
prohibit the cable retransmission of a broadcast are exercised through a collecting society, except where they are
exercised by a broadcasting organization in respect to its own transmissions.
Council of Europe
The main challenges addressed by the Council of Europe are:
Defending and maintaining its fundamental principles in new environments,
Promoting freedom of expression in the complex context of the new communications services.
In this respect, the Council established the Steering Committee on Media and New Communication Services
(CDMC).
At the level of the Council of Europe, particular legal instruments are used.
The most important one promoted by the Council of Europe is the European Convention on Transfrontier Television
(ECTT), adopted in 1989 (entered into force in 1993) and amended in 2002. The ECTT provides minimum common
rules, in fields such as freedom of expression, programming, advertising, sponsorship and the protection of certain
individual rights. It entrusts the transmitting States with the task of ensuring that transmitted television
programme services comply with its provisions. In return, the states are guaranteed freedom of reception of
programme services including the retransmission of the programme services which comply with the minimum rules
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