Media Technical Committee Meets to Advance Online and Offline Licensing throughout the Globe

The Media Technical Committee (MTC), responsible for addressing issues related to online and broadcast licensing, met on 27-28 September in Oslo, hosted by CISAC member society TONO. The two-day meeting saw experts discussing the latest issues in licensing as well as challenges and opportunities in the digital age.

The first day of the MTC began with opening remarks from Chairperson and TONO Director of Online Media, Broadcast & International Licensing Inger Elise Mey and CISAC Director General Gadi Oron who highlighted the challenging situation of copyright in various markets including US and India, and commented on the first step in a good direction of the newly released “copyright package” of the EU Commission.

TEOSTO Online, Broadcast & Key Accounts Senior Manager Markus Kaarto then informed the MTC on the situation of Nordic countries. Shortly after, a panel discussion with European Broadcasting Union (EBU) Head of Intellectual Property Heijo Ruijsenaars and GESAC Senior Legal Advisor Burak Özgen on European Union-broadcast issues discussed the views from both organisations on the revision of the Cable and Satellite Directive, cross-border portability of digital services as well as the EU consultation on platforms, online intermediaries and cloud computing.

Afterwards updates were provided on the various regional hub initiatives taken by societies worldwide to address multi-territorial licensing challenges and achieve better efficiency in joining efforts, including on Latinautor by SADAIC Head of Licensing Eduardo Falcone, on ICE by Head of Rightsholder Relations Graham Edwards, on Polaris by TONO Managing Director Cato Strom and on Pan-Asia Licensing (PAL) by APRA Director Media Licensing David Sheils. AMRA COO Scott Farrant also reported on the development of AMRA. JASRAC Chief of Broadcasting Rights Section Tomoko Ashiya then reported on the evolution of the situation with multiple CMOs in Japan.

Discussions shifted to the challenges and benefits of direct licensing. The panel included Warner Chappell VP Digital EMEA and APAC Eric Mackay, Google/YouTube Head of International Music Publishing Partner Operations Vitoria Campoamor, APRA Director Media Licensing David Sheils, HDS CEO Nenad Marcec, PRS for Music Director of Broadcast & UK Online Licensing Andy Harrower. All participants agreed that significant progress has been achieved over the past few years and that direct licensing proved to be beneficial both to right holders and DSPs, even if challenges remain in aggregating and identifying repertoires.

This was followed by updates on the impact of the SBS case and the interpretation of the right of communication to the public on the licensing terms, presented by SACD Legal Affairs Director Hubert Tilliet and SACEM Audiovisual Rights Department Director Didier Antoine. SADAIC Head of Licensing Eduardo Falcone provided the attending experts a market analysis on world collections based on CISAC data. PRS for Music ‎Director of Broadcast & UK Online Licensing Andy Harrower followed up shortly thereafter with an update on the ITV case.

Discussions moved afterwards to royalty-free music and the licensing role of societies. Herman Foss of TONO gave the experience of the society and Nordic countries. BUMA-STEMRA International Department Manager Johan Visser then reported on the development of the Retransmitted Channel Index.

The second day of the MTC started with a joint BIEM/CISAC online conference to address online licensing issues. The meeting began with a presentation of NORCODE activities by NORCODE Managing Director Inger Dirdal.

Following the presentation, a panel was held on the challenges of licensing user generated content platforms and social media that benefit from the safe harbour regulations. The panel was moderated by TONO Chairman Bendik Hofseth with participation from CISAC Director General Gadi Oron, Nic Garnett as external lawyer and licensing experts SOCAN Licensing Vice President Jennifer Brown, SACEM Director of Licensing and International Cécile Rap Veber and GEMA Legal Counsel Licensing Online Jochen Berg.

The committee then discussed the licensing complexity around NetPVR (Network Private Video Recording) and its relationship with Private Copy with the different national approaches in Europe with a presentation by AKM Head of Legal Department Ingrid Polak. This was followed by updates from SGAE’s Cristina Perpina-Robert on private copy in Spain as well as a report from JASRAC International Strategy Section Sub-Chief Kazuaki Yoneda on how NetPVR services are treated in Japan.

Afterwards the MTC examined online licensing challenges for smaller societies, reported by SAZAS Head of Mechanical Rights Department Karmen Nagode, before AMRA COO Scott Farrant and NMP Director of Online Services Hans Peter Roth reported on activities of the Technical Online Working Group in Europe. ABRAMUS’ Gustavo Gonzalez reported then on the BIEM-CISAC online working group activities. The MTC ended in exploring approaches for licensing apps available on main platforms such as Apple and Google, with SUISA Head of Online Licensing Daniel Koehler who reported on the outcomes of its working group.