The EC’s Digital Single Market strategy: implications for territorial licensing of audio-visual rights, geo-blocking and public broadcasting

The European Commission published its Digital Single Market strategy today. One of the key priorities this sets out is to prohibit unjustified ‘geo-blocking’ – practices and technologies which prevent access to online services located in other Member States, such as streaming of audio-visual content. In relation to audio-visual services, this policy – which content providers fear will undermine their business models of territorial licensing and windowing across national markets – builds on some recent legal rulings that will limit the room for manoeuvre as negotiations on the policy unfold. Dr Helen Weeds of Essex University outlines the key judgments and their implications for this important area of European economic and cultural policy