Since 2015, performers have a right to remuneration for the cable retransmission of their performances on television. Since 2019, this rights also counts for performances that are broadcast via the direct injection. And, since 1 May 2022, a new law extends this right to the retransmission made by any means other than the cable.
This new law transposes the European Directive 2019/789 of 17 April 2019 (known as the Satcab II Directive) into Belgian law. Taking into account the technological developments, the law extends the system of mandatory collective management to which cable retransmission and communication by the direct injection are subject, to retransmissions carried out by any technical means but the cable. In other words, regardless of the means used to retransmit their performances on television, performers have a non-transferable right to remuneration that they cannot renounce.
By “retransmission by any technical means other than the cable”, the legislator refers to the simultaneous/live retransmission as part of a TV or radio programme which is carried out by a party other than the broadcaster via satellite, digital & IPTV networks or mobile networks. It also covers live streaming via the open internet provided that it takes place in a controlled and secure environment for authorised users. Note that the original transmission by the broadcaster must not have been made online to qualify. Online broadcasting “on demand”, deferred watching (replay) or streaming, however, are excluded.
When will these rights be paid to the artists?
In order to be able to collect these rights, a tariff based on objective, measurable and representative criteria must be adopted. After having had several meetings with cable companies to explain our approach, PlayRight currently is in negotiations to obtain fair tariffs. Once we have reached an agreement, PlayRight will be able to collect these rights on behalf of the performers. Subsequently, we will immediately distribute these rights to the artists concerned.
To be continued.