Written by Tambiama Madiega (1st edition),
The provision of copyright-protected online content services is still largely characterised by territorial and exclusive licensing practices which result in a lack of cross-border portability in the EU. To remedy this, the Commission proposed a regulation on the cross-border portability of online content services.
According to the proposed regulation the provision of online content services would be deemed to take place only in the country in which the subscriber is a permanent resident. This would require online content service providers to offer cross-border portability to their customers when they are temporarily present in other Member States, and would make unenforceable all contrary contractual restrictions in the licences between rights-holders and service providers.
Stakeholders and commentators have generally welcomed the proposed regulation but some concerns have been raised with regard to elements of the current wording which leaves too much room for interpretation.
- February 2016: Cross-border portability of online content services, (1st edition)