Internet, social networks and applications for computers/mobile devices
The use of protected works on websites and platforms requires prior authorisation from the rights owners. The same applies to uses through applications for computers and mobile devices. It is usually the content provider who is responsible for obtaining such an authorisation, but access providers as well as network operators, platform, application or server owners may also be liable, although this is often legally controversial and depends on the particular circumstances.
For the simultaneous transmission of radio or TV broadcasts and/or works via the internet (simulcastsSimultaneous, unaltered and unabridged transmission of radio and TV broadcasts via internet.), or for programmes which are exclusively designed to be broadcast on the internet (webcastTransmission of works or programmes specially created for and only accessible via digital networks; the provider determines their chronological order.), SSA can usually grant an authorisation for works in its repertoireEntirety of works of a certain administration category.
Simulcasts and webcastsTransmission of works or programmes specially created for and only accessible via digital networks; the provider determines their chronological order. take place at a specific time and should therefore be distinguished from making available usages “in such a way that everyone can have access from the place and at the time they individually choose”.
Making available of recordings or audio works on demand
For the provision of radio works, sound recordings and fiction podcasts in such a way that everyone can access them from a place and at a time they choose individually by him/her, the SSA is generally able to grant the necessary authorisations for the works in its repertoireEntirety of works of a certain administration category.
The possibility of a permanent download by the public must be specified. Podcasts always imply such a possibility.
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