19 | 05 | 2023

Recommendation of the European Commission on Combating Online Piracy of Sports and Other Live Events

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On 4 May 2023, the European Commission (hereinafter: the Commission) adopted the Recommendation on combating online piracy of sports and other live events, such as concerts and theatre performances. These are unauthorised online retransmissions of content protected by copyright and/or related rights on a commercial scale causing direct damage to rightholders.

The Recommendation encourages Member States of the European Union, national authorities, holders of rights and providers of intermediary online services to take effective, proportionate and appropriate measures to combat such unauthorised retransmission of protected content, in accordance with fundamental rights and rules of personal data protection.

The organisation of sports and cultural events as well as their live transmission require substantial material, human and creative investments. On the other hand, the organisation of such events contributes to economic growth and job creation, with building sports and cultural offer for European users. Unauthorised online transmissions of sports and cultural events can thus cause significant loss for rightholders and broadcasting organisations in the field of sports and cultural industries in the European Union.

Therefore, recommendations by the Commission are focused on urgent action upon receipt of notices regarding unauthorised retransmission of sports and other live events, with an emphasis on urgent action from providers of hosting services in order to minimise the harm caused by authorised retransmissions. Further recommendations relate to the possibility of seeking corresponding injunctions against such unauthorised retransmissions, including blocking access to disputed internet locations, then, to the cooperation between national authorities, internet intermediaries and rightholders, focused on combating such unauthorised activities and other corresponding measures. The entire publication by the Commission on this document is available here.