Documents considered by the Committee on 15 May 2019 Contents

5Copyright in the Digital Single Market—Online Transmissions

Committee’s assessment

Legally and politically important

Committee’s decision

Cleared from scrutiny; drawn to the attention of the Business, Energy and Industrial Strategy Committee

Document details

Proposal for a Regulation of the European Parliament and of the Council 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

Legal base

Article 114 TFEU; ordinary legislative procedure; QMV

Department

Business, Energy and Industrial Strategy

Document Number

(38077), 12258/16 + ADDs 1–4; COM(16) 594

Summary and Committee’s conclusions

5.1The proposal is part of the Commission’s “Copyright in the Single Market” package of September 2016. It aims to enable the wider dissemination of television and radio programmes across Member States, by “facilitating licensing of copyright and related rights in works and other protected subject-matter contained in broadcasts”.16

5.2The Minister of State for Universities, Science, Research and Innovation (Chris Skidmore MP) has written17 to the Committee to provide an update on the progress of the proposal and to request final scrutiny clearance.

5.3The Minister informs the Committee that the proposal, which is now a Directive rather than a Regulation as first proposed, was formally adopted by the Council on 15 April 2019.

5.4We asked the Minister to provide further information on when the Directive would be likely to be implemented, and what its implications would be for the UK as a third country rather than a Member State.

5.5The Minister confirmed that the implementation period for the Directive is 24 months and that whether or not the UK would be required to implement the Directive will depend on the nature of the UK’s relationship with the EU at the end of that period. If this implementation period were to end after any implementation period under the UK/EU Withdrawal Agreement, the powers of the 2018 Withdrawal Act would not be sufficient and the UK’s implementation of the Directive would require separate legislation.

5.6The Minister also set out that after the UK’s exit from the EU the application of the Directive in the UK would depend on the nature of the future relationship between the UK and the EU. In terms of the impact for the UK as a third country, the Minister clarifies that, for example, the provisions that allow copyright clearance in one Member State to be regarded as if clearance in any other Member State would not work if the UK were a third country, unless some alternative arrangement was reached. Accordingly, “[a] reciprocal arrangement would need to be included […] if UK broadcasters (and ultimately consumers) were to benefit from simpler, lower cost, rights clearance processes”.

5.7We thank the Minister for this further information and confirm that we grant final scrutiny clearance of this proposal.

5.8We draw this document and chapter to the attention of the Business, Energy and Industrial Strategy Committee.

Full details of the documents

Proposal for a Regulation of the European Parliament and of the Council 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: (38077), 12258/16 + ADDs 1–4; COM(16) 594.

Previous Committee Reports

Seventeenth Report HC 71–xv (2016–17), chapter 5 (2 November 2016); Sixteenth Report HC 301–xvi (2017–19), chapter 1 (28 February 2018); Sixty-first Report HC 301–lix (2017–19), chapter 2 (27 March 2019)


17 Letter from Chris Skidmore MP to Sir William Cash MP, dated 25 April 2019




Published: 21 May 2019