DIRECTIVES 
DIRECTIVE (EU) 2019/789 OF THE EUR OPEAN PARLIAMENT AND OF THE COUNC IL 
of 17 Apr il 2019 
laying down rules on the exercise of copy right and related rights applicable to certain online 
transmissions of broadcast ing organisations and retransmissions of television and radio 
prog rammes, and amending Council Directiv e 93/83/EEC 
(Text with EEA relevance) 
THE EUR OPEAN PARLIAMENT AND THE COUNCIL OF THE EUR OPEAN UNION, 
Having regar d to the Treaty on the Functioning of the European Union, and in particular Article 53(1) and Article 62 
thereof, 
Having regar d to the proposal from the European Commission, 
After transmission of the draf t legislative act to the national parliaments, 
Having regar d to the opinion of the European Economic and Social Committ ee (1), 
After consulting the Committ ee of the Regions, 
Acting in accordance with the ordinar y legislative procedure (2), 
Whereas: 
(1) In order to contr ibute to the proper functioning of the internal mark et, it is necessar y to provid e for wider dis­
semination in Member States of television and radio programmes that originate in other Member States, for the 
benefit of users across the Union, by facilitating the licensing of copyright and relat ed rights in works and other 
prot ected subject matt er contained in broadcasts of certain types of television and radio programmes. Television 
and radio programmes are imp ortant means of promoting cultural and linguistic diversity and social cohesion, 
and of increasing access to information. 
(2)  The development of digital technologies and the internet has transf ormed the distr ibution of, and access to, 
televi sion and radio programmes. Users increasing ly expect to have access to televi sion and radio programmes, 
both live and on-demand, through traditional channels, such as satellit e or cable, and also through online 
services. Broadcasting organisations are theref ore increasing ly offering, in addition to their own broadcasts of 
televi sion and radio programmes, online services ancillar y to such broadcasts, such as simulcasting and catch-up 
services. Operato rs of retransmission services, whic h aggregat e broadcasts of televi sion and radio programmes 
into packag es and provide them to users simultaneously with the initial transmission of those broadcasts, 
unalt ered and unabr idged, use various techniques of retransmission, such as cable, satellite, digital terrestrial, and 
mobile or closed circuit IP-based networks, as well as the open internet. Further more, operat ors that distr ibute 
televi sion and radio programmes to users have differ ent ways of obtaining the programme-car rying signals of 
broadcasting organisations, including by means of direct injection. There is a growing demand, on the part of 
users, for access to broadcasts of television and radio programmes not only originating in their Member State , 
but also in other Member States. Such users include members of linguistic minor ities in the Union, as well as 
persons who live in a Member State other than their Member State of origin. 17.5.2019 L 130/82 Official Jour nal of the European Union EN     
(1)OJ C 125, 21.4.2017, p. 27. 
(2)Position of the European Parliament of 28 March 2019 (not yet published in the Official Jour nal) and decision of the Council of 15 Apr il 
2019. (3)  Broadcasting organisations transmit daily man y hours of television and radio programmes. Those programmes 
incor porate a variety of cont ent, such as audio visual, musical, literary or graphic works, prot ected under Union 
law by copyright or relat ed rights or both. That results in a complex process of clear ing the rights of a multitude 
of rightholders, and for various catego ries of works and other prote cted subject matt er. Often the rights need to 
be cleared in a shor t time frame, in particular when prepar ing programmes such as news or current affairs 
programmes. In order to make their online services available across borders, broadcasting organisations need to 
have the required rights to works and other prot ected subject matter for all the relevant territories, which further 
increases the complexity of the clearance of such rights. 
(4)  Operato rs of retransmission services typically offer multiple programmes compris ing a multitude of works and 
other prot ected subject matte r and have a very shor t time frame for obtaining the necessar y licences and, hence, 
face a significant rights clearance burden. Authors, producers and other rightholders also risk having their works 
and other protect ed subject matte r used without author isation or payment of appropr iate remuneration. Such 
remuneration for the retransmission of their works and other protect ed subject matter is important to ensure 
that there is a diverse content offer , whic h is also in the interest of consumers. 
(5)  The rights in works and other prote cted subject matt er are harmonised, inter alia, through Directive 2001/29/EC 
of the European Parliament and of the Council (3) and Directive 2006/115/EC of the European Parliament and of 
the Council (4), which provide for a high level of prot ection for rightholders. 
(6)  Council Directive 93/83/EEC (5) facilitat es cross-border satellite broadcasting and retransmission by cable of 
televi sion and radio programmes from other Member States. Howe ver, the provisions of that Directive on 
transmissions of broadcasting organisati ons are limited to satellit e transmissions and, theref ore, do not apply to 
online services ancillar y to broadcasts. Further more, the provisions concer ning retransmissions of television and 
radio programmes from other Member States are limited to simultaneous, unaltered and unabr idged retrans ­
mission by cable or micro wave systems and do not cover retransmissions by means of other technologies. 
(7)  According ly, cross-border provision of online services that are ancillar y to broadcasts, and retransmissions of 
televi sion and radio programmes originating in other Member States, should be facilitated by adapt ing the legal 
framew ork on the exer cise of copyright and related rights relevant for those activities. That adap tation should be 
done by taking account of the financing and production of creative conte nt, and, in particular , of audio visual 
works. 
(8)  This Directive should cover ancillar y online services offered by a broadcasting organisati on, whic h have a clear 
and subordinate relationship with the broadcasting organisation's broadcasts. Those services include services that 
give access to televi sion and radio programmes in a strictly linear manner , simultaneously to the broadcast, and 
services that give access, within a defined time period after the broadcast, to television and radio programmes 
whic h have been previously broadcast by the broadcasting organisation, so-called ‘catc h-up services’. In addition, 
the ancillar y online services covered by this Directive include services that give access to mat erial that enriche s or 
other wise expands televi sion and radio programmes broadcast by the broadcasting organisation, including by 
way of previewing, exte nding, supplementing or reviewing the relevant programme's content. This Directive 
should apply to ancillar y online services that are provid ed to users by broadcasting organisations together with 
the broadcasting service. It should also apply to ancillar y online services that, while having a clear and 
subordinate relationship with the broadcast, can be accessed by users separately from the broadcasting service 
without there being a precondition for the users to have to obtain access to that broadcasting service, for 
examp le via a subscr iption. This does not affect the freedom of broadcasting organisati ons to offer such ancillar y 
online services free of charge or against payment. The provi sion of access to individual works or other prot ected 17.5.2019 L 130/83 Official Jour nal of the European Union EN     
(3)Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of 
copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10). 
(4)Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on 
certain rights relate d to copyright in the field of intellectual proper ty (OJ L 376, 27.12.2006, p. 28). 
(5)Council Directive 93/83/EEC of 27 Sept ember 1993 on the coordination of certain rules concer ning copyright and rights related to 
copyright applicable to satellite broadcasting and cable retransmission (OJ L 248, 6.10.1993, p. 15). subject matt er that have been incor porated in a television or radio programme, or to works or other prote cted 
subject matter that are not related to any programme broadcast by the broadcasting orga nisation, such as services 
giving access to individual musical or audiovi sual works, music albums or videos, for example video-on-demand 
services, should not fall within the scope of the services covered by this Directive. 
(9)  In order to facilitat e the clearance of rights for the provision of ancillar y online services across borders, it is 
necessar y to provide for the establishment of the countr y of origin principle as regar ds the exer cise of copyright 
and relat ed rights relevant for acts that occur in the course of the provision of, the access to or the use of an 
ancillar y online service. That principle should cover the clearance of all rights that are necessar y for 
a broadcasting organisation to be able to communicate to the public or make available to the public its 
programmes when providing ancillar y online services, including the clearance of any copyright and related rights 
in the works or other prote cted subject matt er used in the programmes, for example the rights in phonograms or 
performa nces. That countr y of origin principle should apply excl usively to the relationship between rightholders, 
or entities representing rightholders, such as collective management organisations, and broadcasting organ­
isations, and solely for the purpose of the provision of, the access to or the use of an ancillar y online service. The 
countr y of origin principle should not apply to any subsequent communication to the public of works or other 
prot ected subject matt er, by wire or wireless means, or to any subsequent making available to the public of 
works or other prot ected subject matter , by wire or wireless means, in such a way that members of the public 
may access them from a place and at a time individually chosen by them, or to any subsequent reproduction of 
the works or other prote cted subject matter which are contained in the ancillar y online service. 
(10)  Given the specifi cities of the financing and licensing mechanis ms for certain audio visual works, whic h are often 
based on exclusive territori al licensing, it is appropr iate, as regards television programmes, to limit the scope of 
application of the countr y of origin principle set out in this Directive to certain types of programmes. Those 
types of programmes should include news and current affairs programmes as well as a broadcasting organisa ­
tion's own productions which are excl usively financed by it, including where the funds for the financing used by 
the broadcasting organisation for its productions come from public funds. For the purposes of this Directive, 
broadcasting organisations' own productions should be underst ood as cover ing productions carried out by 
a broadcasting organisation with the use of its own resources, but excl uding productions commissioned by the 
broadcasting organisation to producers that are independent from the broadcasting organisation and co- 
productions. For the same reasons, the countr y of origin principle should not apply to television broadcasts of 
spor ts events under this Directive. The countr y of origin principle should apply only when programmes are used 
by the broadcasting organisation in its own ancillar y online services. It should not apply to the licensing of 
a broadcasting organisation's own productions to third parties, including to other broadcasting organisations. The 
countr y of origin principle should not affect the freedom of rightholders and broadcasting organisations to agree, 
in compliance with Union law, on limitations, including territorial limitations, to the exploitation of their rights. 
(11)  The countr y of origin principle set out in this Directive should not result in any oblig ation for broadcasting 
organisations to communicate or make available to the public programmes in their ancillar y online services, or 
to provid e such ancillar y online services in a Member State other than the Member State of their principal 
establishment. 
(12)  Since the provision of, the access to or the use of an ancillar y online service is, under this Directive, deemed to 
occur solely in the Member State in which the broadcasting organisation has its principal establishment, while, de 
facto, the ancillar y online service can be provid ed across borders to other Member State s, it is necessar y to ensure 
that in setting the amount of the payment to be made for the rights in question, the parties take into account all 
aspects of the ancillar y online service, such as the features of the service, including the duration of the online 
availability of programmes included in the service, the audience, including the audience in the Member State in 
whic h the broadcasting organisation has its principal establishment and in other Member States in whic h the 
ancillar y online service is accessed and used, and the languag e versions provided. It should never theless remain 
possible to use specifi c methods for calculating the amount of payment for the rights subject to the countr y of 
origin principle, such as methods based on the revenues of the broadcasting organisation generated by the online 
service, which are used, in particular , by radio broadcasting organisations. 
(13)  On account of the principle of contractual freedom, it will remain possible to limit the exploitation of the rights 
affected by the countr y of origin principle set out in this Directive, provi ded that any such limitation is in 
compl iance with Union law. 17.5.2019 L 130/84 Official Jour nal of the European Union EN     (14)  Operato rs of retransmission services can use diffe rent technologies when they retransmit simultaneously , in an 
unalt ered and unabr idged manner , for recep tion by the public, an initial transmission from another Member State 
of television or radio programmes. The programme-car rying signals can be obtained by operat ors of retrans ­
mission services from broadcasting organisations, which themselves transmit those signals to the public, in 
diffe rent ways, for example by capturi ng the signals transmitt ed by the broadcasting organisations or receiving 
the signals directly from them through the technical process of direct injection. Such operat ors' services can be 
offered on satelli te, digital terrestrial, mobile or closed circuit IP-based and similar netw orks or through internet 
access services as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council (6). 
Operato rs of retransmission services using such technologies for their retransmissions should theref ore be 
covered by this Directive and benefit from the mech anism that introduces mandatory collective management of 
rights. In order to ensure that there are sufficient safeg uards against the unauthor ised use of works and other 
prot ected subject matter , which is particularly important in the case of services that are paid for, retransmission 
services which are offered through internet access services should be included in the scope of this Directive only 
where those retransmission services are provid ed in an environment in which only author ised users can access 
the retransmissions and the level of content secur ity provid ed is comparable to the level of secur ity for content 
transmitte d over managed netw orks, such as cable or closed circuit IP-based networks, in whic h content that is 
retransmitted is encr ypted. Those requirements should be feasible and adequate. 
(15)  To retransmit initial transmissions of television and radio programmes, operators of retransmission services have 
to obtain an author isation from the holders of the excl usive right of communication to the public of works or 
other protect ed subject matter . In order to provid e legal certainty to the operators of retransmission services and 
to overco me dispar ities in national law regar ding such retransmission services, rules similar to those that apply to 
cable retransmission as defined in Directive 93/83/EEC should apply . The rules under that Directive include the 
oblig ation to exercise the right to grant or refuse author isation to an operator of a retransmission service through 
a collective manag ement organisation. Unde r those rules, the right to grant or refuse author isation as such 
remains intact, and only the exer cise of that right is regulated to some extent. Rightholders should receive 
appropr iate remuneration for the retransmission of their works and other prote cted subject matte r. When 
determining reasonable licensing term s, including the license fee, for a retransmission in accordance with 
Directive 2014/26/EU of the European Parliament and of the Council (7), the economic value of the use of the 
rights in trade, including the value allocat ed to the means of retransmission, should, inter alia, be take n into 
account. This should be without prejudice to the collective exercise of the right to payment of a sing le equitable 
remuneration for performers and phonogram producers for the communication to the public of commercial 
phonograms as provided for in Article 8(2) of Directive 2006/115/EC, and to Directive 2014/26/EU, in particular 
its provi sions concer ning the rights of rightholders with regar d to the choice of a collective manag ement 
organisation. 
(16)  This Directive should allow agreements concluded between a collective manage ment organisation and operators 
of retransmission services for rights that are subject to mandat ory collective management under this Directive to 
be exte nded to apply to the rights of rightholders who are not represente d by that collective management 
organisation, without those rightholders being allowe d to excl ude their works or other subject matter from the 
application of that mech anism. In cases where there is more than one collective manag ement organisation that 
manag es the rights of the relevant categor y for its territory , it should be for the Member State, in respect of the 
territory of which the operat or of a retransmission service seeks to clear the rights for a retransmission, to 
determine which collective manage ment orga nisation or orga nisations have the right to grant or refuse the auth ­
orisation for a retransmission. 
(17)  Any rights held by broadcasting organisations themselves in respect of their broadcasts, including rights in the 
cont ent of programmes, should not be subject to the mandat ory collective manag ement of rights applicable for 
retransmissions. Operato rs of retransmission services and broadcasting organisations general ly have ongoing 
commercial relations, and as a result the identity of broadcasting organisations is known to operat ors of retrans ­
mission services. According ly, it is comparatively simple for those operators to clear the rights with broadcasting 
organisations. As a consequence, to obtain the necessar y licences from broadcasting organisations, operat ors of 
retransmission services do not face the same burden as they face when seeking to obtain licences from holders of 
rights in works and other protect ed subject matte r included in the television and radio programmes they 
retransmit. Theref ore, there is no need for simplification of the licensing process with regard to rights held by 
broadcasting organisations. It is, however , necessar y to ensure that where broadcasting organisations and 17.5.2019 L 130/85 Official Jour nal of the European Union EN     
(6)Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concer ning 
open inter net access and amending Directive 2002/22/EC on universal service and users' rights relating to electronic communications 
netwo rks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union 
(OJ L 310, 26.11.2015, p. 1). 
(7)Directive 2014/26/EU of the European Parliament and of the Council of 26 Febr uary 2014 on collective management of copyright and 
relate d rights and multi-terr itorial licensing of rights in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72). operat ors of retransmission services enter into negotiations, they negotiate in good faith regarding the licensing 
of rights for the retransmissions covered by this Directive. Directive 2014/26/EU provid es for similar rules 
applicable to collective management organisations. 
(18) The rules provided for in this Directive concer ning the rights in retransmission exercised by broadcasting organ­
isations in respect of their own transmissions should not limit the choice of rightholders to transfer their rights 
either to a broadcasting organisation or to a collective management organisation, thereby allowing them to have 
a direct share in the remuneration paid by the operat or of a retransmission service. 
(19)  Member States should be able to apply the rules on retransmission established in this Directive and in Directive 
93/83/EEC to situations where both the initial transmission and the retransmission take place within their 
territory. 
(20)  In order to ensure that there is legal certainty and to maintain a high level of protection for rightholders, it is 
appropr iate to provide that when broadcasting organisations transmit their programme-car rying signals by direct 
injection only to signal distr ibutors without directly transmitting their programmes to the public, and the signal 
distr ibut ors send those programme-car rying signals to their users to allow them to watch or listen to the 
programmes, only one sing le act of communication to the public is deemed to occur in which both the 
broadcasting organisations and the signal distr ibut ors participat e with their respective contr ibutions. The 
broadcasting organisations and the signal distr ibut ors should theref ore obtain author isation from the rightholders 
for their specifi c contr ibution to the sing le act of communication to the public. Participation of a broadcasting 
organisation and a signal distr ibut or in that sing le act of communication to the public should not give rise to 
joint liability on the part of the broadcasting organisation and the signal distr ibut or for that act of communi ­
cation to the public. Member States should remain free to provide at national level for the arrangements for 
obtaining author isation for such a sing le act of communication to the public, including the relevant payments to 
be made to the rightholders concer ned, taking into account the respective exploitation of the works and other 
prot ected subject matt er, by the broadcasting organisation and signal distr ibutor , related to the sing le act of 
communication to the public. Signal distr ibut ors face, in a similar manner to operat ors of retransmission 
services, a significant burden for rights clearance, excep t as regards rights held by broadcasting organ­
isations. Member States should theref ore be allowe d to provid e that signal distr ibut ors benefit from a mecha nism 
of mandatory collective manag ement of rights for their transmissions in the same way and to the same exte nt as 
operat ors of retransmission services for retransmissions covered by Directive 93/83/EEC and this Directive. 
Where signal distr ibut ors merely provide broadcasting organisations with ‘technical means’, within the meaning 
of the case-law of the Cour t of Justice of the European Union, to ensure that the broadcast is received or to 
improve the reception of that broadcast, the signal distr ibutors should not be considered to be participating in an 
act of communication to the public. 
(21)  When broadcasting organisations transmit their programme-car rying signals directly to the public, thereby 
carrying out an initial act of transmission, and also simultaneously transmit those signals to other organisations 
through the technical process of direct injection, for example to ensure the quality of the signals for retrans ­
mission purposes, the transmissions by those other organisations constitute a separate act of communication to 
the public from the one carried out by the broadcasting organisation. In those situations, the rules on retrans ­
missions laid down in this Directive and in Directive 93/83/EEC, as amended by this Directive, should apply . 
(22)  To ensure the efficient collective manage ment of rights and the accurate distr ibution of revenues collected under 
the mandatory collective management mechanism introduced by this Directive, it is important that collective 
manag ement organisations maintain proper records of membership, licences and the use of works and other 
prot ected subject matte r, in accordance with the transparency obligations set out in Directive 2014/26/EU. 
(23)  In order to prevent circum vention of the application of the countr y of origin principle through the extensi on of 
the duration of existing agreements concer ning the exer cise of copyright and related rights relevant for the 
provis ion of an ancillar y online service as well as the access to or the use of that service, it is necessar y to apply 
the countr y of origin principle also to existing agreements, but with a transitional period. Dur ing that transitional 
period, the principle should not apply to those existing agreements, thus provid ing time to adapt them, where 
necessar y, in accordance with this Directive. It is also necessar y to provid e for a transitional period in order to 
allow broadcasting organisations, signal distr ibut ors and rightholders to adapt to the new rules on the 
exploitation of works and other prot ected subject matt er through direct injection set out in the provisions in this 
Directive on transmission of programmes through direct injection. 17.5.2019 L 130/86 Official Jour nal of the European Union EN     (24)  In line with the principles of bette r regulation, a review of this Directive, including its provisions on direct 
injection, should be under taken after a certain period of time of this Directive being in force, in order to assess, 
inter alia, its benefits for Union consumers, its impact on the creative industr ies in the Union, and on the level of 
investment in new content, and hence also the benefits regarding improved cultural diversity in the Union. 
(25)  This Directive respects the fundamental rights and obser ves the principles recognised in the Char ter of 
Fundamental Rights of the European Union. While this Directive may result in an interference with the exercise 
of the rights of rightholders, insof ar as mandatory collective manag ement takes place for the exercise of the right 
of communication to the public with regard to retransmission services, it is necessar y to prescr ibe the application 
of mandatory collective manage ment in a target ed manner and to limit it to specifi c services. 
(26)  Since the objectives of this Directive, namely promoting the cross-border provi sion of ancillar y online services 
for certain types of programmes and facilitating retransmissions of television and radio programmes originating 
in other Member State s, cannot be sufficiently achieved by Member States but can rather , by reason of the scale 
and effects, be better achi eved at Union level, the Union may adopt measures in accordance with the principle of 
subsidiar ity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of propor ­
tionality as set out in that Article, this Directive does not go beyond what is necessar y in order to achieve those 
objectives. As concer ns the cross-border provision of ancillar y online services, this Directive does not oblig e 
broadcasting orga nisations to provide such services across borders. Neither does this Directive oblig e operat ors of 
retransmission services to include in their services televi sion or radio programmes originating in other Member 
States. This Directive concer ns only the exer cise of certain retransmission rights to the extent necessar y to 
simplify the licensing of copyright and related rights for such services and with regar d to television and radio 
programmes originating in other Member States. 
(27)  In accordance with the Joint Political Declaration of 28 Sept ember 2011 of Member States and the Commission 
on explanato ry documents (8), Member States have under take n to accompan y, in justif ied cases, the notifi cation 
of their transposition measures with one or more documents explaining the relationship between the 
compo nents of a directive and the corresponding parts of national transposition instr uments. With regard to this 
Directive, the legislator considers the transmission of such documents to be justified, 
HAVE ADOPTED THIS DIRECTIVE: 
CHAPTER I 
General provisions 
Article 1 
Subject matter 
This Directive lays down rules that aim to enhance cross-border access to a greater number of television and radio 
programmes, by facilita ting the clearance of rights for the provision of online services that are ancillar y to the broadcast 
of certain types of television and radio programmes, and for the retransmission of televis ion and radio programmes. It 
also lays down rules for the transmission of television and radio programmes through the process of direct injection. 
Article 2 
Def initions 
For the purpose of this Directive, the follo wing definitions apply:  
(1) ‘ancillar y online service’ means an online service consisting in the provision to the public, by or under the control 
and responsibility of a broadcasting organisation, of televis ion or radio programmes simultaneously with or for 
a defined period of time after their broadcast by the broadcasting organisation, as well as of any mater ial which is 
ancillar y to such broadcast ; 17.5.2019 L 130/87 Official Jour nal of the European Union EN     
(8)OJ C 369, 17.12.2011, p. 14. (2) ‘retransmission’ means any simultaneous, unalte red and unabr idged retransmission, other than cable retransmission 
as defined in Directive 93/83/EEC, intended for recep tion by the public, of an initial transmission from another 
Member State of television or radio programmes intended for reception by the public, where such initial 
transmission is by wire or over the air including that by satelli te, but is not by online transmission, provided that: 
(a)  the retransmission is carried out by a party other than the broadcasting organisation whic h made the initial 
transmission or under whose control and responsibility that initial transmission was made, regardless of how the 
party carrying out the retransmission obtains the programme-car rying signals from the broadcasting 
organisation for the purpose of retransmission; and 
(b)  where the retransmission is over an internet access service as defined in point (2) of the second paragraph of 
Article 2 of Regulation (EU) 2015/2120, it is carried out in a manage d environment ;  
(3) ‘managed environment ’ means an environment in which an operator of a retransmission service provi des a secure 
retransmission to author ised users;  
(4) ‘direct injection’ means a technical process by whic h a broadcasting organisati on transmits its programme-car rying 
signals to an organisation other than a broadcasting organisation, in such a way that the programme-car rying 
signals are not accessible to the public during that transmission. 
CHA PTER II 
Ancillar y online services of broadcast ing organisations 
Article 3 
Application of the countr y of origin principle to ancillar y online services 
1. The acts of communication to the public of works or other protect ed subject matte r, by wire or wireless means, 
and of making available to the public of works or other protect ed subject matter , by wire or wireless means, in such 
a way that members of the public may access them from a place and at a time individually chosen by them, occur ring 
when provid ing to the public: 
(a)  radio programmes; and 
(b)  televis ion programmes which are: 
(i)  news and current affairs programmes; or 
(ii)  fully financed own productions of the broadcasting organisation, 
in an ancillar y online service by or under the control and responsibility of a broadcasting organisation, as well as the 
acts of reproduction of such works or other prote cted subject matte r which are necessar y for the provision of, the 
access to or the use of such online service for the same programmes shall, for the purposes of exer cising copyright and 
relat ed rights relevant for those acts, be deemed to occur solely in the Member State in which the broadcasting 
organisation has its principal establishment. 
Point (b) of the first subparagraph shall not apply to the broadcasts of spor ts events and works and other prot ected 
subject matter included in them. 
2. Member States shall ensure that, when setting the amount of the payment to be made for the rights to which the 
countr y of origin principle, as set out in paragraph 1, applies, the parties take into account all aspects of the ancillar y 
online service, such as features of the service, including the duration of online availability of the programmes provided 
in that service, the audience, and the languag e versions provid ed. 
The first subparagraph shall not preclude calculation of the amount of the payment on the basis of the broadcasting 
organisation's revenues. 
3. The countr y of origin principle set out in paragraph 1 shall be without prejudice to the contractual freedom of the 
rightholders and broadcasting organisations to agree, in compl iance with Union law, to limit the exploitation of such 
rights, including those under Directive 2001/29/EC. 17.5.2019 L 130/88 Official Jour nal of the European Union EN     CHAPTER III 
Retransmission of television and radio prog rammes 
Article 4 
Exercise of the rights in retransmission by rightholders other than broadcast ing organisations 
1. Acts of retransmission of programmes have to be author ised by the holders of the excl usive right of communi ­
cation to the public. 
Member State s shall ensure that rightholders may exercise their right to grant or refuse the author isation for a retrans ­
mission only through a collective manage ment orga nisation. 
2. Where a rightholder has not transferr ed the manage ment of the right refer red to in the second subparagraph of 
paragraph 1 to a collective manage ment organisation, the collective manag ement organisation whic h manages rights of 
the same catego ry for the territory of the Member State for whic h the operat or of a retransmission service seeks to clear 
rights for a retransmission shall be deemed to have the right to grant or refuse the author isation for a retransmission for 
that rightholder . 
Howe ver, where more than one collective manage ment organisation manages rights of that catego ry for the territory of 
that Member State, it shall be for the Member State for the territory of which the operator of a retransmission service 
seeks to clear rights for a retransmission to decide whic h collective manag ement organisation or organisations have the 
right to grant or refuse the author isation for a retransmission. 
3. Member State s shall ensure that a rightholder has the same rights and obligations resulting from an agreement 
between an operat or of a retransmission service and a collective management organisation or organisations that act 
pursuant to paragraph 2, as rightholders who have mandat ed that collective manag ement organisation or organ­
isations. Member States shall also ensure that that rightholder is able to claim those rights within a period, to be fixed 
by the Member State concer ned, which shall not be shor ter than three years from the date of the retransmission whic h 
includes his or her work or other protect ed subject matt er. 
Article 5 
Exercise of the rights in retransmission by broadcas ting organisations 
1. Member States shall ensure that Article 4 does not apply to the rights in retransmission exercised by 
a broadcasting orga nisation in respect of its own transmission, irrespective of whether the rights concer ned are its own 
or have been transferred to it by other rightholders. 
2. Member States shall provi de that, where broadcasting organisations and the operators of retransmission services 
enter into negotiations regar ding author isation for retransmission under this Directive, those negotiations are to be 
conduct ed in good faith. 
Article 6 
Mediation 
Member States shall ensure that it is possible to call upon the assistance of one or more mediators as provid ed for in 
Article 11 of Directive 93/83/EEC where no agreement is concluded between the collective management organisation 
and the operator of a retransmission service, or between the operat or of a retransmission service and the broadcasting 
organisation regarding author isation for retransmission of broadcasts. 
Article 7 
Retransmission of an initial transmission originating in the same Member State 
Member State s may provid e that the rules in this Chapt er and in Chapt er III of Directive 93/83/EEC apply to situations 
where both the initial transmission and the retransmission take place within their territory. 17.5.2019 L 130/89 Official Jour nal of the European Union EN     CHAPTER IV 
Transmission of prog rammes through direct injection 
Article 8 
Transmission of prog rammes through direct injection 
1. When a broadcasting organisation transmits by direct injection its programme-car rying signals to a signal 
distr ibut or, without the broadcasting organisation itself simultaneously transmitting those programme-car rying signals 
directly to the public, and the signal distr ibut or transmits those programme-car rying signals to the public, the 
broadcasting organisation and the signal distr ibut or shall be deemed to be participating in a sing le act of communication 
to the public in respect of which they shall obtain author isation from rightholders. Member States may provide for 
arrang ements for obtaining author isation from rightholders. 
2. Member States may provide that Articles 4, 5 and 6 of this Directive apply mutatis mutandis to the exercise by 
rightholders of the right to grant or refuse the author isation to signal distr ibut ors for a transmission refer red to in 
paragraph 1, carried out by one of the technical means referred to in Article 1(3) of Directive 93/83/EEC or point (2) of 
Article 2 of this Directive. 
CHAPTER V 
Final provisions 
Article 9 
Amendment to Directiv e 93/83/EEC 
In Article 1 of Directive 93/83/EEC, paragraph 3 is replaced by the following: 
‘3. For the purposes of this Directive, “cable retransmission” means the simultaneous, unaltered and unabr idge d 
retransmission by a cable or microwa ve system for reception by the public of an initial transmission from another 
Member State, by wire or over the air, including that by satellite, of televis ion or radio programmes intende d for 
recep tion by the public, regardless of how the operat or of a cable retransmission service obtains the programme- 
carrying signals from the broadcasting organisation for the purpose of retransmission.’ . 
Article 10 
Review 
1. By 7 June 2025, the Commission shall carry out a review of this Directive and present a repor t on the main 
findings to the European Parliament, the Council and the European Economic and Social Committ ee. The repor t shall be 
published and made available to the public on the website of the Commission. 
2. Member States shall provide the Commission, in a timely manner , with the relevant and necessar y information for 
the preparation of the repor t refer red to in paragraph 1. 
Article 11 
Transitional provision 
Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public of 
works or other protect ed subject matt er, by wire or wireless means, and the making available to the public of works or 
other prot ected subject matter , by wire or wireless means, in such a way that members of the public may access them 
from a place and at a time individually chosen by them, occur ring in the course of provi sion of an ancillar y online 
service as well as for the acts of reproduction whic h are necessar y for the provi sion of, the access to or the use of such 
online service which are in force on 7 June 2021 shall be subject to Article 3 as from 7 June 2023 if they expire after 
that date . 
Author isations obtained for the acts of communication to the public falling under Article 8 which are in force on 7 June 
2021 shall be subject to Article 8 as from 7 June 2025 if they expire after that date. 17.5.2019 L 130/90 Official Jour nal of the European Union EN     Article 12 
Transposition 
1. Member State s shall bring into force the laws, regulations and administrative provis ions necessar y to comply with 
this Directive by 7 June 2021. They shall immediately inform the Commission thereof. 
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompan ied by 
such reference on the occasion of their offici al publication. The methods for making such reference shall be laid down 
by Member States. 
2. Member States shall communicate to the Commission the text of the measures of national law whic h they adopt in 
the field covered by this Directive. 
Article 13 
Entr y into force 
This Directive shall enter into force on the twentieth day follo wing that of its publication in the Official Journal of the 
European Union. 
Article 14 
Addre ssees 
This Directive is addressed to the Member States. 
Done at Strasbourg, 17 Apr il 2019. 
For the Europ ean Parliament 
The President 
A. TAJANI  For the Council 
The Presid ent 
G. CIAMBA   17.5.2019 L 130/91 Official Jour nal of the European Union EN