Keywords
Summary

Keywords

1. Freedom to provide services — Television broadcasting — Directive 89/552 — Television advertising — Frequency of advertising slots during broadcasts — Increased protection of audiovisual works — Films made for television — Meaning — Films providing, from their conception, for breaks for the insertion of advertising — Included — (Council Directive 89/552, Art. 11(3))

2. Freedom to provide services — Television broadcasting — Directive 89/552 — Television advertising — Frequency of advertising slots during broadcasts — Increased protection of audiovisual works — Exception for series — Criteria — (Council Directive 89/552, Art. 11(3))

Summary

1. Films which have been made for television and which provide, from their conception, for breaks for the insertion of advertising are covered by the term "films made for television" in Article 11(3) of Directive 89/552 concerning the pursuit of television broadcasting activities, as amended by Directive 97/36.

They benefit therefore from the increased protection under that provision for audiovisual works as regards the frequency of advertising slots.

see paras 51, 55, 74, operative part 1

2. The connections which must link films in order that they can come within the exception laid down for "series" by Article 11(3) of Directive 89/552 relating to the increased protection for audiovisual works as regards the frequency of advertising slots, must relate to the content of the films concerned, such as, for example, the development of the same story from one episode to another or the reappearance of one or more characters in different episodes.

Links based on form such as the same broadcasting slot, a broadcast under the same title or theme, or a presentation before or after the programmes cannot be sufficient for the purposes of the definition of the term "series" .

see paras 103-104, 108, operative part 2