In 2006, the Austrian Constitutional Court ruled that exclusive rights holders are entitled to adequate remuneration taking into account their ownership of the TV signal and the right of the public in respect of access to information. The mandatory right to short reporting was deemed to be no different than privately agreed content licences.
However, under the latest European harmonization with the Audiovisual Media Services Directive 2010/13/EU (AVMSD), any broadcaster established in the EU has guaranteed access to exclusively transmitted events of high public interest for the purpose of transmitting short news reports. The case in question has therefore now been referred to the Court of Justice of the European Union for a preliminary ruling on whether the free use of the TV signal for short news reporting contradicts the European primary law— the European treaties and the Charter of fundamental rights of the EU.
If the relevant AVMSD provision is declared invalid, exclusive rights owners throughout the EU could ask for adequate remuneration for the used TV signals from their short-reporting competitors.