Source: EURLEX
Language: en
Format: md

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| CALL FOR EVIDENCE | |
| This document aims to inform the public and stakeholders about the Commission’s work, so they can provide feedback and participate effectively in consultation activities. | |
| Title of the initiative | Combating online piracy of sports and other live events – assessment of the May 2023 Commission Recommendation |
| Lead DG – responsible unit | DG CONNECT – Unit I.2 |
| Likely Type of initiative | Staff working document |
| Indicative Timing | Q4 2025 |
| This document is for information purposes only. It does not prejudge the final decision of the Commission on whether this initiative will be pursued or on its final content. All elements of the initiative described by this document, including its timing, are subject to change. | |

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| A. Political context, purpose, and scope |
| Political context |
| The Commission Recommendation on combating online piracy of sports and other live events (‘the Recommendation’) was adopted on 4 May 2023 to address the challenges linked to unauthorised retransmissions of sports and other live events.  The Recommendation encourages Member States, rightsholders, providers of intermediary services and other market players, such as advertising and payment services, to take action against the unauthorised retransmission of live events, while guaranteeing the necessary safeguards to protect fundamental rights, in full compliance with EU law.  The Recommendation builds on existing tools available under EU law to combat the unauthorised retransmission of content protected by copyright and related rights. Of particular relevance are Regulation (EU) 2022/2065 (the Digital Services Act), which lays down measures to counter illegal content online, and Directive 2004/48/EC on the enforcement of intellectual property rights.  The Commission is monitoring the effects of the Recommendation, with the support of the European Union Intellectual Property Office (‘EUIPO’) Observatory. |
| Purpose and scope |
| As stated in the text of the Recommendation itself, by 17 November 2025 the Commission should assess the Recommendation’s effects on unauthorised retransmissions of sports and other live events, taking due account of the findings of the EUIPO Observatory. On this basis, the Commission will assess whether additional measures are needed at EU level, including to prevent the illegal dissemination of other types of copyright-protected content. The Commission’s assessment will need to take account of technological developments, the evolution of distribution channels and changes in consumption patterns, as well as any impact that implementing the Digital Services Act may have had on unauthorised retransmissions of live sports and other live events.  In assessing the effects of the Recommendation, the Commission will look at how its various measures are being implemented, as well as their effects on the level of piracy of live events. More specifically, the following questions will be considered, for which stakeholders’ input would be welcomed:  ·To what extent have Member States and stakeholders made use of the measures set out in the Recommendation? This relates in particular to the recommendations to: (i) ensure prompt treatment of notices related to unauthorised retransmissions of live events, including through cooperation between providers of intermediary services and holders of rights in live events; (ii) ensure that holders of rights for live events are able to ask for injunctions, including before the start of the event, in a way that can tackle repeat infringements, and subject to appropriate safeguards; (iii) raise awareness on legal offers and increase their availability; and (iv) foster voluntary cooperation between national authorities to exchange information. What have been the effects of these measures and what were the main barriers to their uptake?  ·To what extent has the Recommendation contributed to reducing the piracy of live events? To what extent have other (EU or national) policies and external factors affected the incidence of unauthorised retransmission of live events?  ·Has the Recommendation improved cross-border cooperation between national authorities?  ·What have been the economic impacts, including possible costs (if any) of implementing the measures set out in the Recommendation for Member States and stakeholders – including service providers and rightsholders?  ·Has the Recommendation proven consistent with EU legislation it builds on (Directive 2001/29/EC, the Digital Services Act and Directive 2004/48/EC)? What in particular has been the potential impact of the Digital Services Act in unauthorised retransmissions of live sports and other live events?  ·Did the Recommendation respond to the needs of the relevant stakeholders? Do the measures set out in the Recommendation still address its initial objectives in an effective way, given technological, market and social developments?  ·Did the Recommendation help to ensure a more consistent approach across Member States? Are further measures necessary at EU level to prevent unauthorised retransmissions of live events and/or the illegal dissemination of other types of copyright-protected content, also taking into account the impact of the Digital Services Act?    This assessment will cover the period starting with the adoption of the Recommendation to November 2025. It will aim to cover all Member States, insofar as the information made available to it allows for this. In your feedback, you may identify any potential differences between measures taken regarding live sports events and those taken for other live events. |
| B. Better regulation |
| Consultation strategy |
| Stakeholder consultation is a key component of the assessment: it helps the Commission to deepen its understanding of how the Recommendation is achieving its objectives. Feedback provided by stakeholders will be used to assess its effects and identify possible remaining challenges.  This call for evidence is open to the public for feedback for a period of four weeks.  The Commission is able to draw on the support of the EUIPO Observatory for the gathering of evidence on the effects of the Recommendation, as indicated in its paragraph 41. The EUIPO Observatory closely monitors the different areas of action covered by the Recommendation through data submitted by stakeholders, following key performance indicators published in July 2023. The indicators focus on four key areas: (i) the volume of unauthorised retransmissions of sports and other live events in Member States (by looking at the number of visits to piracy websites), (ii) the prompt handling of notices related to unauthorized retransmissions of the events, (iii) the use of dynamic injunctions for live events, and (iv) the availability, affordability, attractiveness of legal offers. The EUIPO Observatory is collecting this data in two separate collection processes. Stakeholders are also invited to submit their contribution to the monitoring at: Combating piracy - EUIPO.  Additionally, the EUIPO Observatory has established a dedicated network of national authorities. The network meets twice a year to exchange information on the issues covered in the Recommendation, specifically on the measures applied, the challenges faced, and the best practices adopted. |
| Why we are consulting? |
| The call for evidence aims to gather stakeholders’ views and input on the effects of the Recommendation, in particular on the issues identified above, and on the possible need for further measures.  The results of this call for evidence will complement the data collection by the EUIPO Observatory. It will provide valuable feedback for the assessment of the Recommendation. |
| Target audience |
| The call for evidence is of interest to a wide range of stakeholders including:  ·holders of rights in the transmission of live events: broadcasters, sports event organisers, live cultural events organisers, venue operators;  ·online platforms and other online intermediaries: internet service providers, web hosting services, cloud services, content delivery networks, reverse proxy services;  ·payment and advertising services;  ·public authorities;  ·consumers and user’ organisations;  ·non-governmental organisations. |
| Data collection and methodology |
| In addition to the data collection as described under the consultation strategy, the Commission will consider other relevant studies and documentation regarding the piracy of live events. |

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