Source: EURLEX
Language: en
Format: md

C 145/2 EN Official Journal of the European Communities 17.5.2001

Notification of cooperation agreements

(Case COMP/C2/38.126 �BUMA, GEMA, PRS, SACEM)

(2001/C 145/02)

(Text with EEA relevance)

1. On 17 April 2001 the Commission received notification of agreements, pursuant to Articles 2 and 4
of Council Regulation No 17, of bilateral agreements which BUMA, Gesellschaft f�r Musikalische
Auff�hrungs- und mechanische Vervielf�ltigungsrechte (GEMA), The Performing Right Society Ltd (PRS)
and SociØtØ des Auteurs, Compositeurs et Editeurs de Musique (SACEM) entered into with each other and
with other parties.

2. The notification concerns a standard bilateral agreement which amends the existing bilateral
reciprocal representation agreements between copyright collecting societies in order to allow for the
licensing of public performance of music on the Internet. The agreement authorises each party to grant
non-exclusive licences for the online public performance of musical works of the repertoire of the other
party on a worldwide basis. It covers webcasting, streaming, online music on demand as well as music
included in video (TV, motion, pictures, etc.) transmitted online. As a basic rule, the licence will be granted:

(a) by the society operating in the country corresponding to the URL (uniform resource locator) used by
the content provider, where the primary language used at the site of the content provider is the
primary language of that country; or

(b) otherwise by the society operating in the country where the content provider is incorporated.

If the content provider has its economic residence in a different country from the countries set forth
above, the licence will be granted by the society operating in that country.

3. Upon preliminary examination, the Commission finds that the notified cooperation agreement could
fall within the scope of Regulation No 17.

4. The Commission invites interested third parties to submit any observations they may have on the
proposed operation.

5. Observations must reach the Commission not later than 15 working days following the date of this
publication. Observations can be sent to the Commission by e-mail (Miguel.Mendes-Pereira@cec.eu.int), by
fax (No (32-2) 295 01 28) or by post under reference number COMP/C2/38.126 �BUMA, GEMA, PRS,
SACEM to:

European Commission,
Directorate-General for Competition,
Antitrust Registry,
Office 0/18,
Rue Joseph II/Jozef II-straat 70,
B-1000 Brussels.