Copyright and geoblocking: between the principle of territoriality and the EU\'s single digital market

Radulović Stanislav (Javna medijska ustanova \"Radio-televizija Vojvodine\", Novi Sad),

Geoblocking represents a key technological solution in the contemporary digital environment, enabling territorially limited use of copyright‐protected subject matter on the Internet. Through this effect, the traditional concept of the territoriality of copyright is maintained and reinforced within the digital sphere. Given that virtual space is inherently unlimited and does not recognise the concept of state borders, geoblocking constitutes one of the central mechanisms for preserving the functional role of copyright. Geoblocking is particularly prevalent on online platforms for the streaming of audiovisual content. In addition to serving as a mechanism for protecting the territorial scope of copyright, it simultaneously contributes to the fragmentation of the European Union’s internal market. In essence, its application allows distributors to secure territorial exclusivity of licences and ensure the economic viability of investments in the production of audiovisual content. In recent years, a substantive debate has been conducted within the institutions of the European Union regarding the effects of geoblocking on the Digital Single Market. The EU has directed its efforts towards reducing unjustified geoblocking through the adoption of Regulation (EU) 2018/302. However, this regulatory framework does not cover the audiovisual services sector. Specifically, the Regulation does not apply to audiovisual services, including cinematographic content, nor to services whose principal purpose is to provide access to sports broadcasts based on exclusive territorial licences. Summa summarum, within the current normative and technological framework, geoblocking continues to retain the role of a key mechanism for preserving the territorial scope of copyright in the digital environment. Although burdened by certain functional limitations, it remains an indispensable instrument for the enforcement of copyright under conditions of global content availability and for maintaining the economic sustainability of licensing copyrighted works in national markets.

Keywords: copyright, European Union legislation, digital environment, Digital Single Market, geoblocking