In recent days, the Prima media group has sent a letter to pay-TV operators, strongly urging them to comply with the conditions set out in the licensed content agreements.
FTV Prima took this step directly on behalf of its CEO Lukáš Kubát, who took the helm of the media group last year. In this document, which is available to the editorial team at MediaGuru.cz, the company acts as the authorised broadcaster of nine television channels and the holder of all rights to broadcast and rebroadcast copyright-protected content. The main aim of the letter is to remind partners of the need to comply with all agreements.
In the letter, the broadcaster makes it clear that copyright protection is an absolute and long-term priority for the entire group. In the text, the television group explicitly points out that the basic service agreement – specifically, the distribution of their free-to-air channels – grants contractual partners rights only to retransmission. Contracts for additional digital services then permit the use of the livestream service only in relation to the broadcast itself, not to programmes or other content.
Prima further points out that, in the case of catch-up viewing, this may only be used for licensed programmes, the list of which is regularly updated on FTV Prima’s FTP servers. The media group is therefore unable to grant more licence rights to use this protected content than it actually holds itself under valid copyright agreements.
Pressure (not only) from global players
As it states, Prima has recently been approached with increasing frequency by major providers of copyright-protected content that forms part of its programming. According to information from MediaGuru.cz, Disney, for example, is exerting significant pressure. These foreign and domestic rights holders have officially announced that they will pay increased attention to the protection of their intellectual property.
FTV Prima itself has already received specific information that serious infringements are taking place in the Czech Republic on the part of certain distributors and television operators. These operators are reportedly handling television content in a manner that does not comply with the distribution agreements and licence rights in place. If a given global player has its own streaming service, it wants to offer it to the market as an exclusive product.
According to these findings, television operators are creating libraries and tiles from copyright-protected content, which are subsequently searchable within their services. At the same time, copyrighted works are being made available without authorisation via catch-up services, without these operators holding the necessary licence rights for such content. Prima states that this conduct constitutes a direct breach of the distribution agreements concluded with the television group.
Inspection and possible legal action
It is for this very reason that Prima has called for an immediate audit of the handling of programmes and licensed content. Operators must immediately verify whether their internal libraries consist exclusively of licensed programmes, insofar as the contracts permit this at all. A further requirement from the television group is the regular inspection of the relevant FTP servers and the ongoing updating of its own list of licensed programmes.
Should FTV Prima discover the aforementioned breaches, it is prepared to take all necessary measures to ensure full compliance with the contracts entered into.
Prima makes no secret of its activities
FTV Prima’s long-term priorities were also confirmed to MediaGuru.cz by its spokesperson, Blanka Bumbálková. She reiterated that the television group is keen to ensure that all copyright-protected content is used exclusively in accordance with the law and applicable contracts. She emphasised that the warning sent is not a response to a single specific complaint from one rights holder, but is based on complaints from several different entities.
“The protection of intellectual property rights is a long-term priority not only for the Prima Group. The Prima Group is keen to ensure that rights to copyright-protected content are used in accordance with concluded contracts and the law, and that there are no infringements of these rights. (...) Its aim is primarily to raise awareness, as a preventive measure, of the need to respect copyright and to prevent any potential, even unintentional, infringements of copyright-protected content,” said Bumbálková.
Source: mediaguru.cz