With the advent of digital technologies new market opportunities have arisen for broadcasters. In particular, Internet-based Video-on-Demand platforms that provide easy and inexpensive public access to a vast array of audiovisual content that otherwise would not enter the usual distribution channels (cinema theatres, home video and TV).
Paramount to making use of these business opportunities is the clearing of rights for online exhibition. Unlike the US situation, in Europe broadcasters do not directly acquire the exploitation rights for online distribution of their self-produced programmes. Instead, these rights lie with the persons involved in the making of the work. It is only with the permission of these people that such works can be offered online.
The allocation of rights does not present any problem for newly produced works, since online rights are normally included in contractual arrangements between the producer and all rightholders involved.
The problem arises however, when it comes to clearing online rights for older works where often rightholders, or their heirs, are not traceable, or traceable only by unreasonable administrative effort.
In recent years, some attempts have been made to find solutions that would allow broadcasters to exploit productions held in their archives for online services while sufficiently respecting the rightholders' interests. This presentation will firstly analyse the efforts led by the Council of Europe and the European Union to clarify whether legislative action would be needed in order to solve this problem.
Secondly, an overview will be provided on current solutions adopted by collecting societies in order to facilitate the finding of rightholders and the acquisition of licences for online distribution of audiovisual works.
Finally, different legislative solutions will be outlined for the case when certain rightholders are not traceable at all.