Have your say on the UK implementation of the EU Portability Regulation: public consultation now open!
What is the regulation about?
 |
| 'Netflix and chill'...anywhere in the EU |
The regulation
aims to allow, or make it easier, for the subscribers of online content providers
to benefit from their services even when they are travelling to another EU
member state. At the moment, “this is not always possible as some providers
block access to their services outside a subscriber’s home country,” says the
government. Differentiated access based on the geographical location of the
subscribers is often put in place to respect territorial agreements on the use
of content protected by copyright. The regulation primarily concerns services
providing online access to television, film or sport programs online content
providers in the UK, such as Netflix, BBC iPlayer, Sky and BT Sports.
At the moment,
the Government proposes to implement the EU Regulation relying on no less than
six different pieces of legislation (existing and new). These would be the Consumer Protection from Unfair Trading
Regulations 2008, the Copyright Designs and Patents Act 1988, the Data
Protection Act 1998, the Enterprise
Act 2002, the 2018 Domestic Regulations (the
proposed text) and the EU Regulation 2017/1128 itself.
 |
| No more, as of April 1, 2018. No April Fool. |
Lost? Fear not as
the consultation call features a colour-coded table, which summarizes the
relevant provisions of the EU Portability Regulation and their corresponding
domestic statutory provisions. In order to
guide you through this maze of regulatory text (see page 10 here).
What is the public consultation about?
The government is
particularly interested in hearing the view of businesses,
from their perspective, on
the enforceability of the proposed regulations under UK law.. As such, the call
asks a series of targeted questions to check that its proposed approach has
been fully thought through. It is worth noting that responses are not limited
to these questions; any other views are also welcome.
Because we can
never escape it, the government is also interested in hearing the view of
businesses regarding their implementation plan in light of the ever- so-
imminent (or is it?) Brexit. This has Merpel asking: Why the rush before Brexit? Well, because
Brexit is around the corner! The UKIPO seems to take the view that anything
that is implemented under UK law before the cut-off point is likely to be
incorporated in some manner in the arrangements that will fixed in the Brexit
bill. The UKIPO has stated that it will be part of the negotiations concerning
IP issues all the way until the end of the process. It would be poor sport to negotiate
the provisions while a member of the EU, but to refuse to implement them later
on account of Brexit being round the corner.
How to send your views
The consultation
will close on the 31st of January 2018, at 23:45. Responses can be
sent by email or post at the following addresses:
Via email: portability@ipo.gov.uk
Via post:
Copyright and Enforcement Directorate
Intellectual Property Office Room 1Y05 Concept House
Cardiff Road
Newport
NP10 8QQ
Happy consulting!
Have your say on the UK implementation of the EU Portability Regulation: public consultation now open!
Reviewed by Mathilde Pavis
on
Sunday, January 07, 2018
Rating:
Reviewed by Mathilde Pavis
on
Sunday, January 07, 2018
Rating:
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Posts
Hi Mathilde,
ReplyDeleteUnfortunately the statement that "The regulation primarily concerns services providing online access to television, film or sport programs online content providers in the UK, such as Netflix, BBC iPlayer, Sky and BT Sports" is not entirely correct. The new regime will apply only to services which are paid for, so for instance Netflix, Sky Spoerts etc. However free catchup services such as the BBC iPlayer, All4 etc are not required to meet the portability standards. Services which are financed through advertising (eg ITV Hub), but are free to viewers, are also exempt.
Not sure that a payment is a necessary criterion in view of the definition of "subscriber" in the explanatory note: '“subscriber” means any consumer who, on the basis of a contract for the provision of an online content service with a provider, whether against payment of money or without such payment, is entitled to access and use such service in the Member State of residence.'
ReplyDeleteThe introduction on the IPO consultation paper states: "Free-to-access services can also choose to make their content available on a portable basis under the Regulation (Article 6), but are not obliged to do so."
ReplyDeleteI think it's fairly safe to assume that such services will choose to opt out, given the likely costs involved in technically enabling EU access but excluding ex-UK, and maintaining relationships and agreements with content rights holders who will want to continue to maximise commercial opportunities (and programme investment) from other territories. Will be interesting to watch what happens with this post-April, and UK position post-Brexit...