Elgar Commentaries series
Edited by Irini A. Stamatoudi and Paul Torremans
Chapter 7: THE SATELLITE AND CABLE DIRECTIVE
The Council Directive 93/83/EEC on satellite broadcasting and cable retransmission (the Directive) has a certain and quite limited ambit, namely to fosterpan-European broadcasting services by facilitating satellite broadcasting and cable retransmission of radio and television programmes. The Directive is a counterpart to the Television without Frontiers Directive of 1989, which has similar objectives with respect to clearing barriers in the field of broadcasting and advertising law, but which has nothing to say about copyright matters. Also, several provisions of this Directive are closely interrelated to the norms and achieved goals of Directive 92/100 on rental and lending. Further, Directive 2001/29 on copyright in the information society has eventually effectively harmonised all economic rights with respect to acts of public communication 'by wire or by wireless means', whereby Article 3 of that Directive encompasses not only broadcasting, but also cablecasting, cable retransmission and webcasting. As indicated in Article 14(3) of the Directive the Commission had the duty to evaluate the Directive in a report no later than 1 January 2001, what was actually effectuated on 26 July 2002. The report goes beyond an analysis of the implementation process and examines also the practical application of the Directive, thus an important part of the sources to this commentary. The CJEU found in the SGAE case 5 that this Directive called for minimum harmonisation, as it had already stated in the CJEU case Egeda, .
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