The complex relationship between geo-blocking and territorial licences viewed through the two prisms of copyright law and competition law

Abstract

ABSTRACT The article critically evaluates the controversial technology i.e. geo-blocking, through two related prisms, digital copyright (in particular, audio-visual services) and, EU Competition Law. Two EU Regulations are key to this analysis: the Portability Regulation and the Geo-blocking Regulation. Compellingly, there are both contradictions and tensions between these two Regulations when it comes to copyright-protected services. The discordant legislative provisions are not the sole quandary; the General Court’s ruling in the Groupe Canal + case is generally anti-geoblocking in tone. By ruling against absolute territorial protection in the context of pay-TV licences, the General Court indirectly challenges the geo-blocking clauses in the aforementioned licences. While the CJEU annulled the General Court’s decision on grounds of proportionality, concerns relating to the fate of geo-blocking clauses in licensing agreements still prevail. An analysis of the two contradictory Regulations and the Groupe Canal + judgment suggests an apparent diminishing role for geo-blocking technology in the context of copyright-protected audio-visual services. However, vigorous lobbying efforts by the audio-visual sector introduce an element of uncertainty, meaning that the rescission of the copyright carve-out in the Geo-blocking Regulation is not a foregone conclusion by any means.