Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission is a
European Union directive which governs the application of copyright and related rights to satellite
and cable television in the European Union. It was made under the internal market
provisions of the Treaty of Rome.
An author has the exclusive right to authorise or to prohibit the broadcasting of his or her works by satellite (Art. 2).
This right may only be subject to a compulsory licensing scheme when the satellite broadcast is simultaneous with a terrestrial
broadcast [Art. 3(2)]. Satellite broadcasting is assimilated to terrestrial broadcasting for the purposes of related rights
(rights of performers, phonogram producers and broadcasting organisations) (Art. 4): the protection of these rights is
governed by Directive 92/100/EEC
The main effect of the Directive is to stipulate that cable retransmission must be on the basis of contractual
, licences with copyright holders, although existing statutory licence schemes were permitted
to remain in force until the end of 1997 (Art. 8). These licences may only be granted or refused by
[Art. 9(1)], which effectively makes such societies compulsory: a
collecting society may be deemed to be mandated to manage the cable retransmission rights of a copyright holder in the
absence of any expressive agreement [Art. 9(2)]. Broadcasting organisations are free to exercise their own related rights
to licence or prohibit the cable retransmission of their own broadcasts (Art. 10). The Directive also provides for mediation
in disputes between cable operators and collecting societies (Art. 11) and for measures to prevent
abuse of monopoly powers
- Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, OJ no. L346 of 1992-11-27, p. 61.