The rules will reflect new ways in which Europeans enjoy culture and entertainment services online when they travel around the EU.
According to the agreement reached on the 7th of February 2017 by negotiators of the European Parliament, the Member States and the European Commission (EC), they will soon be able to fully use their online subscriptions to films, sports events, e-books, video games or music services while traveling within the EU. We are facing the first agreement related to the modernization of EU copyright rules as proposed by the Commission in the Digital Single Market strategy.
The new portability rules will fit to new ways Europeans enjoy cultural and entertainment content. EC data suggest that in 2016, 64% of Europeans used the internet to play or download games, images, films or music. They did it increasingly through mobile devices. In a survey carried out in 2015, one in three Europeans wanted cross-border portability. For young people, this possibility is even more important. Half of people aged between 15 and 39 years old thought that portability and accessing the service they subscribe to when travelling in Europe is important.
The future regulation will enable consumers to access their online content services when they travel in the EU the same way they access them at home. For instance, when a French consumer subscribes to Canal+ film and series online services, the user will be able to access films and series available in France when he or she goes on holidays to Croatia or for a business trip to Denmark.
The online content service providers like Netflix, MyTF1 or Spotify will verify the subscriber’s country of residence by using means such as payment details, the existence of an internet contract or by checking the IP address. All providers who offer paid online content services will have to follow the new rules. The services provided without payment (such as the online services of public TV or radio broadcasters) will have the possibility to decide to also provide portability to their subscribers.
Next Steps. The agreed text must now be formally confirmed by the Council of the EU and the European Parliament. Once adopted, the rules will become applicable in all EU Member States by beginning of 2018 as the Regulation grants providers and right holders a 9 month period to prepare for the application of the new rules.
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