European Commission publishes Notice to Stakeholders on Copyright and Related Rights after the end of the transition period

After the end of the transition period, the EU rules in the field of copyright and related rights no longer apply to the UK. This has in particular the following consequences:

  • UK broadcasters will no longer benefit from the mechanism provided for by the Satellite and Cable Directive (93/83/EEC) when providing cross-border satellite broadcasting services to EU customers, and will have to clear rights in all Member States which the signal reaches. Correspondingly, broadcasters in the EU will no longer be able to benefit from the mechanism when providing cross-border satellite broadcasting services to customers in the UK and they may have to secure clearance of the rights of all relevant right holders if they wish to broadcast to the UK;
  • EU collective management organisations will not be subject to the obligation to represent collective management organisations based in the UK for multi-territorial licensing in accordance with Article 30 of the Collective Rights Management Directive (2014/26/EU) and vice versa;
  • the mechanism of mutual recognition provided for by the Orphan Works Directive (2012/28/EU) will no longer apply between the UK and the EU. Therefore, orphan works which have been recognised in the UK by the end of the transition period will no longer be recognised in the EU and vice versa. Therefore, the uses of orphan works from the UK allowed under the Directive, e.g. making them available online, will no longer be allowed for cultural institutions in the EU and vice versa;
  • beneficiary persons and authorised entities in the UK will no longer be able to obtain accessible format copies from authorised entities in the European Union under the Marrakesh Directive (2017/1564/EU) and vice versa. The exchange of accessible format copies between the EU and third countries that have ratified the Marrakesh Treaty is governed by the Marrakesh Regulation (2017/1563/EU). The UK is currently not a party to the Marrakesh Treaty;
  • persons residing in the UK will no longer benefit from their digital content subscriptions when travelling to the EU under the Portability Regulation (2017/1128/EU) and a provider of online content services established in the UK will need to comply with the rules of the relevant EU Member State or States where it wishes to offer services to its subscribers, including the need to clear all relevant rights for that or those Member States; and
  • UK nationals (unless they have their habitual residence in the EU) and UK companies/firms will no longer be entitled to obtain a sui generis database right in respect of databases in the EU under the Database Directive (96/9/EC) and vice versa.

The updated Notice does not address:

  • EU rules on other intellectual property rights;
  • EU rules on exhaustion of intellectual property rights;
  • EU rules on customs enforcement of intellectual property rights;
  • EU rules on audiovisual and media services;
  • EU rules on geoblocking;
  • EU rules on electronic commerce and net neutrality.

To read the Notice in full, click here.