This Decree-law establishes regulations concerning copyright and related rights applicable to specific online transmissions of broadcasting organisations and the retransmission of television and radio programs. It introduces amendments to the Directive 93/83/EEC of the Council and the Decree-Law n.º 333/97.
The decree introduces new provisions to accommodate technological advancements in the audiovisual market, such as direct injection of TV program signals. As such, it defines terms such as “direct injection,” “ancillary online service,” and “country of origin principle.” It outlines the types of programs covered and not covered by the regulations, including radio and television programs, with exceptions for sports events and related content. Additionally, it addresses the exercise of retransmission rights by broadcasting organisations and the application of collective management obligations.
The decree also provides for the resolution of disputes through mediation and arbitration. Notably, it specifies that in the absence of an agreement between collective management entities of copyright and related rights or broadcasting organisations and retransmission service operators regarding the conditions of authorization for the retransmission of broadcasts, any party involved can submit the dispute to a specialised institutional arbitration mediation service.
Overall, the document aims to modernise national legislation in line with EU directives, addressing the evolving landscape of audiovisual services and ensuring the protection of copyright and related rights in the digital age.
