AD INVESTMENTS IN MEDIA GREW SIGNIFICANTLY IN MAY

Monitoring for this May reports an almost one-third year-on-year growth in investments in media ad space.

The volume of gross monitored investments directed at media ad space purchases in May shows a significant year-on-year growth. On average, it exceeds 30% in the monitored ATL offline media. In gross figures, it is two billion Czech crowns more than last May. This is the outcome of AdIntel monitoring by Nielsen Admosphere.

A two-digit growth was reported by all monitored media with the highest values being achieved in print, OOH advertising and TV. Last May suffered from lower investments due to the first wave of the pandemic; compared to that period, this May shows that advertisers’ interest has recovered.

For the period of the first five month of this year (January to May), the monitored volume of ad investments is five percent higher than in the same period last year. Print and TV ads show the most favourable development while OOH advertising has lagged behind the last year’s volume.

Source: ATO-Nielsen Admosphere

The summary does not include investments in internet advertising as the monitoring only covers display advertising.

Please note that the volumes monitored do not express real volumes invested in media advertising, they rather show development trends.

Source: mediaguru.cz

GRPS INCREASED IN MAY, THE DEMAND FOR TV ADVERTISING IS GROWING

The volume of TV ads expressed as the number of delivered advertising GRPs on Czech TV screens increased in May this year.

The volume of TV ads expressed as the number of delivered advertising GRPs on Czech TV screens increased this May. Compared to last May, it has grown by a quarter in aggregate year-on-year (+25%). The figure relates to the volume of GRPs delivered through TV spots and sponsoring. Although last May was affected by the first wave of the coronavirus pandemic, the comparison of this April and May shows that there is a growth in demand for TV space.

The highest increase in GRP as of this May is seen in the stations of Česká televize, which may only sell standard ad spots on ČT2 and ČT sport. Sports events, specifically the Ice Hockey World Championship, are one of the drivers of demand for TV advertising on public TV. A high year-on-year increase in GRP is also experienced by stations sold by Atmedia, and a two-digit growth was reported by the key players on the TV advertising market – Media Club (Prima, Óčko, Barrandov and other players excluding Atmedia) and TV Nova in May.

Share of business networks in delivered GRPs (%), May 2021

Source: Nielsen Admosphere, TV spots and sponsoring

May developments indicate advertisers’ interest in using TV ads, which is expected to continue over this year’s autumn season. The two strongest commercial TV companies have announced preparation of several new programmes for this TV autumn. Given the statutory limits of time that may be used by operators for ad broadcasting, the pressure on TV ad space is likely to grow.

Source: mediaguru.cz

STEPPING ON THE GAS. NOVA’S CEOS COMMENTING ON REDESIGNED NEWS AND KELLNER

How is the Czech economy doing? How are the most important firms in the country doing? And how do the bosses – the leaders of the firms – see the presence and future of the Czech Republic? Answers to these questions are searched in a series of interviews and articles to be found bellow:

We addressed tens of women and men leading Czech businesses. Not only the biggest ones but also the mid-sized ones across various industries. We want to know their experience gained in the most difficult year of the last decade and we want to find out how they has changed and what their direction is. We want to know how the backbone and brain of the Czech economy work and thus how the entire country operates and will operate in future.

Did it all happen so fast? This week, it has been two years since the strongest local TV – Nova – introduced its new co-CEOs: the long-term CFO Klára Brachtlová and the Sales Director Jan Vlček who has similar long-term experience.

Within twenty four months, they had to deal with the move under PPF’s control, changes relating to the coronavirus, huge investments and tragic deaths of people who were key to Nova’s business.

“Turbulent times,” agrees Vlček and Brachtlová adds, “Our appointment was a natural development and then, everything was strongly impacted by external conditions.”

From Barrandov terraces there is an impressive view of the sky above Prague. The clouds disappeared during our double interview for Forbes, which must have been rather symbolic for Nova’s CEOs. According to them, after all Covid adversities their TV is heading for a better future.

“We have many plans and we step on the gas,” agree the bosses. At the same time, they appreciate the model of two CEOs, which is not too usual in the Czech Republic.

“Coordination is more difficult but I keep saying that we complement one another very well and that we are able to substitute each other very effectively. I find it a big advantage not only in these times,” says Brachtlová.

According to Vlček, their long-term personal relationship, mutual trust and respect play a significant role in the arrangement. “We have to be able to rely on each other. Klára comes from the financial background, I was involved in sales and marketing, so we complement one another perfectly.“

Let’s discuss the key moments of your two years in office. How was the TV market impacted by the pandemic?

JV: It was definitely a shock in terms of demand. When the first wave came, the market slumped radically, by tens of percent. Every media type suffered significantly, TV probably came off best in percentage terms. But at the same time, the market was very fast to take a breath and bounce back, after about two months cooperation continued. The second wave surprised everyone by being so long and by locking down economy so thoroughly. But now we can see that clients are planning and starting their activities again.

Has the income from advertising changed for you?

JV: The most strict lockdown occurred before Christmas and as clients plan ahead the autumn investments did not suffer. The second half of the year was very good.

KB: In terms of TV consumption, it was ironically a very successful year, ratings went up significantly.  Consumption of streaming platforms has also increased, in this respect, it was a very positive period for TV in fact. People were locked down in their homes and consumed more video content.

What measures did you have to adopt?

KB: We responded very early, in principle at the end of last January. And we were very careful, keeping the measures even in summer when other firms started easing. We strictly divided critical infrastructures into shifts so that the teams did not meet, we built a backup broadcast centre in our premises half a kilometre away, not to mention other preventive measures, such as wearing masks at work or the restricted operation of our canteen.

What was the hardest impact of the pandemic? Was it the impact on your original production?

KB: Definitely in the short term. For me it was the most complicated matter in the spring – in mid-March or so we all of a sudden stopped our production. People were scared, nobody knew what would come next. It had some effect on viewers, we reduced the number of premieres significantly in the spring. But all TV companies joined their forces and a shooting exception was negotiated with the Ministry of Health quite soon. At the end of last May, we were able to start our production again without masks but of course, under strict preventive measures.

JV: We are a company that is modern with considerable digital background, which means that although some teams – such as news production – were hit by the measures more, the rest of the firm was less affected.

We introduced nearly compulsory work from home, a number of things relating to clients were settled through video conferences. And it actually worked very well. People were suffering more socially.

A new owner was another turning point. What has changed with the entry of PPF? Or are the changes going on?

KB: The courtship period and finalisation of the transaction were relatively long and in my opinion, PPF’s entry confirmed the direction and strategy that our TV had followed. PPF is a very strong group ready to invest. It has been fully supporting us in the set direction, which is the production of quality content and its consumption across platforms.

Was the process hit by the sudden death of Petr Kellner?

KB: In the first place, we have to say that what happened to Mr. Kellner is a large human and family tragedy. It had an unbelievable personal impact on all of us, he was a young man, has children…  That was the main effect.

As for the firm’s operation, PPF has a broad portfolio of firms with autonomous and very competent managements – I consider Nova to be one of them. In terms of operation, there were no changes, we continue our strategy.

JV: The firm has its plan for many years to come, teams are stable, structures are set up and working well. There are no changes from this perspective, the human aspect is the worst when you think about what happened.

Can anything change with the new owner of PPF?

JV: At the group level, management was assumed by the other co-owner who had been building the firm with Mr. Kellner since the start, for thirty years (Editor’s Note: Ladislav Bartoníček). So nothing has changed.

Radim Pařízek, the head of Digital Broadcasting, died unexpectedly this year as well …

KB: Digital Broadcasting is Nova’s strategic partner and Radim Pařízek was not only a business partner for me but also a close friend, his death touched me greatly.

As for our cooperation with the firm, we go on. Radim’s arrangements were very good, he had a strong team building relationships with the Czech Telecommunication Office and has brought up a strong person to replace him, his daughter. She is taking over the business together with Mr. Jeřábek and I find the firm stable.

Your position is also stable. What is the most challenging aspect of being a clear market leader?

JV: If you are in Nova’s position, you are always the first one who is attacked by those wanting to cut off a piece of the pie. We have been successful in keeping and strengthening our position and we continue growing in a number of areas.

It was not always easy, the TV market was fragmented, there are many more channels than five or ten years ago and the internet has brought considerable fragmentation of media consumption to the media landscape. Habits are changing and so are the target groups in individual media types.

Despite all that you keep your TV ratings.

JV: We are even increasing some of them. The news is an excellent example. The internet as such has brought disruption and we are happy to be in both the TV and online business. With the entry of PPF, we strengthened one of the pillars on which our strategy is built – a paid service funded from subscription. From this point of view, we are also growing in terms of the other pillar, which is being market innovator.

But the pillar is very little for the time being…

JV: We have big targets. Our long-term plan is very ambitious and is focused on digital, our strategy is to change the focus of our business model from a strict B2B approach to being able to adopt B2C, which is represented namely by Voyo. We have some quantified goals that approach a more even distribution of income from services and classic advertising. It is now dominant.

KB: However, TV advertising will remain the key pillar in the income structure.

Are you working with an alternative that digital will be key for you one day?

JV: There is a very interesting aspect that the difference between a combination of TV and digital and a combination of digital and another media type is huge. We can see that TV and digital are complementary. For example, from Voyo we have first-hand experience that every medium can communicate certain things better and their mutual powers are yet to be seen. In this respect, we are not worried that digital might slowly nibble away at TV. They are different things but they strengthen each other.

TV is still the most effective in terms of reach quality.

KB: We take the internet as a supplement, as an additional source of income that is definitely helping us and will help us financing the ever more expensive production of original content. The funds just do not flow from one area to the other.

JV: In addition, TV is still by far the cheapest medium to reach target groups in general – and is likely to keep this position for a very, very long time. TV is also most effective in terms of reach quality, you can show things to people on a big screen, with sound, which emotions. Which is much easier to remember than what target groups in other media can see.


For 2019, Voyo’s revenues were CZK 52 million. Where would you like to get looking forward?

KB: It is a complex and central project, we are working on it with other CME countries. Within five years, we would be very happy to have a million subscribers in the Czech Republic and Slovakia. From this you can count other figures.

Should your viewers expect that part of your production will go to Voyo only?

KB: We will not specify the level of investments but in terms of numbers of planned formats and shows, viewers will be affected this autumn when some shows will be shown primarily on Voyo. At least one format will go just to Voyo in the autumn, we are also planning a great show Love Island that will be run on both linear TV and Voyo.

How is the appropriate strategy sought in this respect?

KB: It is alchemy. The programming strategy has many variables: what our competitors are doing, what the power of the public TV is at the moment; working with target groups is also very important. Everyone expects that younger viewers will go to Voyo to see more adventurous formats than the classic linear TV viewers. This is the starting point.

JV: At the moment, we are preparing repositioning of TV channels, which is part of the alchemy. We seek to address individual target groups more effectively. There are more things to come. We want to optimise the existing portfolio of channels.

Can there be a change in the number of channels?

JV: Everything is open, we will see. We can expect the rebranding and repositioning project this year.

Is it still true that your target group is defined by age as 15–54? Does the young generation watch TV?

JV: There is an interesting effect. Teenagers tend to consume things more on digital displays but when they settle down, have their homes and families they come back to the more standard model, consuming TV. That is what matches their lifestyle. It is true that we reach the youngest groups either through targeted TV shows or by digital. But when we talk about category 20+, there is a return to the standard model.

KB: In addition, there are TV formats that are directed at substantially younger audiences, such as Pop Idol (SuperStar).

You increase investments in your original production by thirty percent year-on-year. What are they used for?

KB: For linear TV, we are working on the TV series Pan profesor starring Vojtěch Dyk and we are preparing a great surprise – we are working on the redesign of our newsroom. Viewers will have a chance to see one of the most modern studios in Europe this year. It is also a large investment.

We invited the world-famous studio Veech x Veech to cooperate with us and they made the design for us. And we are back at the alchemy: we had alternatives to choose from to the best of our knowledge and belief and the board has selected the one that we believe is the best.

Will the footage change? And the news faces?

KB: The change relates to the technological part and design so that the newsroom is modern and follows current trends.

JV: The concept of the studio should be more versatile so that it may be used for projects on the internet.

KB: We are working on it intensively and it will be ready soon, within months. We really have a lot to do now. This period is very challenging but great for us.

Are there any news to be introduced in the traditionally slower summer season?

KB: Apart from investing much, we are good economists. People are outside, they are not willing to watch TV and we need to make an effective use of our money. That is why we concentrate on the strongest seasons, which are autumn and spring.

JV: At the same time, in summer we can monitor behaviour of viewers who spend more time outside. We focus on what to offer them on Nova Plus, Voyo – so that they have more shows and can watch them wherever they want to.

Nova has always considered the idea of paid terrestrial broadcasting. What is the situation now?

KB: Our goal is to always, continuously and permanently maximize our content monetization. It is no secret that this is one of the ways. But as you have heard, we have a lot to do, we are stepping on the gas but having too many goals is tiring. It is an alternative that we have been taking into consideration for a long time, it fits perfectly in TV Nova’s strategy. But all in good time.

JV: We are making projections and analyses. It would be a way to further diversify our income but it is not a simple solution.

Source: forbes.cz

AMENDMENT TO THE COPYRIGHT ACT

At the end of 2020, the Ministry of Culture submitted to the Government of the Czech Republic a draft amendment to Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (hereinafter referred to as the “Amendment”). The Amendment to the Copyright Act is necessary for the implementation of Directive (EU) 2019/789 of the European Parliament and of the Council laying down rules for the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC (“OSC Directive”) and Directive (EU) 2019/790 of the European Parliament and of the Council on copyright in the digital single market (“DSM Directive”).

It is expected that in the coming days, the government will submit the draft Amendment to the Copyright Act to the Chamber of Deputies, as the last possible date for transposition of the above-mentioned directives is 7 June 2021.

The current wording of the Copyright Act already partially incorporates the legislation contained in the aforementioned OSC and DSM directives, and the remaining new rules should be addressed by the Amendment currently under preparation. In the following article, we will present the forthcoming changes to the Copyright Act, and briefly elaborate on the new obligations for internet service providers and exceptions to copyright – the so-called statutory licenses, such as data mining. We will also outline the new possibilities of using copyrighted content for teaching and cultural heritage purposes, or for the purposes of caricature, parody and pastiche. We will conclude the article by mentioning the newly defined additional online services of broadcasters.

New obligations for certain internet service providers

Greater protection of publishers’ rights

Perhaps the most significant new feature of the forthcoming Amendment is the proposed provision of Section 87b, which will implement Article 15 of the DSM Directive. According to the wording of the aforementioned provision, new rights will be established for publishers of press publications and new obligations will be imposed on providers of information society services (“providers”). Due to the vague wording of the draft Amendment, it is not yet certain exactly which providers will be affected by the Amendment to the Copyright Act, but we can already say with certainty that it will at least affect multinational companies such as Google, Apple or Facebook, which will now have to pay a certain amount to the authors of the content they download, based on a licence. What is happening nowadays is, to a certain extent, that these multinationals sponge on copyright holders, such as media houses and publishers, in the area of media content. They show previews of these publishers’ publications and attach their advertising to them, which they monetise while providing no remuneration to the publishers. This is a problematic behaviour that is addressed by the newly proposed wording of the Copyright Act. From the entry into force of the Amendment, providers will be obliged to agree with copyright holders on the licence and the method of remuneration for the publication of their works, even if it only includes previews of these works. The Ministry of Culture also proposes the introduction of an optional extended collective management scheme where individual copyright holders could be represented by a collective manager to facilitate negotiations with providers. According to the proposed wording of the Amendment, the above-mentioned copyright protection would be granted for two years from the publication of the work.

France was one of the first European countries to impose this new obligation on providers in line with the wording of the DSM Directive. It did not take long for Google to try to circumvent this standard using its position of dominance. Publishers could make a choice of either offering Google a licence to publish their articles for free or accepting the fact that Google will not offer their articles in its search or news previews. However, the local antitrust authority correctly assessed such conduct as an abuse of dominance and ordered Google to cease the conduct and to agree on a reasonable remuneration with the publishers. Incidentally, the first agreement between Google and publishers’ representatives, which many publishers believe to be unfavourable, has already been reached in France. It may give us at least some idea of how and to what extent copyright holders can be remunerated in this area.

Using protected content to share content online

Article 17 of the DSM Directive, which is implemented in the proposed Amendment in Sections 46 to 51, introduces further significant changes aimed at strengthening the rights of authors of protected works and reaching a compromise and agreement between online content-sharing service providers and copyright holders.

The Amendment will add further obligations to the defined providers in relation to the exclusion of their liability for unauthorised disclosure of works on their servers to the public. In particular, they will have to make every effort to obtain a licence for the copyrighted content or to ensure that it is unavailable if reported by the copyright holder. Thus, providers will now have to ensure in some way that reported works do not appear on their servers, even in the future. According to the current legislation, this obligation only applies to accurately reported content and in practice it is therefore unnecessary for copyright holders to report their works to providers, as they will reappear on their repositories within days.

The amendment then elaborates on other obligations of providers and provides for some relaxation of new obligations for smaller providers.

New statutory licences

Data mining

When data are mined, they are automatically analysed. The result of this activity is the extraction of information about the interrelationships and correlations within the data, which can then be used, for example, for scientific research or even for commercial purposes. As this is an automated activity, it also involves the analysis of copyrighted works. This brings at least some uncertainty about the infringement of the rights of the authors of these works by the data processors.

In the future, the Amendment should strengthen the legal certainty of authors and copyright holders in particular, and also that of “data miners”, by clearly defining the limits and boundaries of data mining. The new licence for making a copy of a work for the purpose of exploitation will be regulated in the provision of Section 39c of the Copyright Act.

The Amendment also provides for special licences for scientific and cultural heritage institutions. These institutions will not interfere with copyright under the given conditions if they make a copy of a work specifically for the purpose of data mining for scientific research.

Use of copyrighted works for educational purposes

In the field of education, the Amendment allows schools and other educational institutions to use copyrighted works for teaching purposes under certain conditions according to the new wording of Section 31a. While this authorisation should not apply to works that are primarily intended and sold for educational purposes, the vague wording of the proposed provision raises the question of which works educational institutions will ultimately be able to use free of charge.

Licence to use the work for caricature, parody and pastiche

According to the proposed Section 38g of the Amendment, a person who uses a work for the purposes of caricature, parody or pastiche will not interfere with copyright.

Making copies of works unavailable on the market by cultural institutions

A cultural heritage institution does not infringe copyright under certain conditions under Section 37b if it reproduces or communicates to the public for non-commercial purposes a work that is not available on the market and is in the institution’s collection. It will always be necessary to include at least the name of the author of the work, who may, however, object to such publication, even in advance.

Ancillary online services offered by broadcasters

The Amendment redefines and regulates ancillary online services offered by broadcasters in the proposed provision of Section 21a. These will include services such as simulcasting, catch-up or other ancillary material (e.g. trailers, reviews, photographs from filming). In addition to these ancillary services, the Amendment introduces a new country of origin principle to be applied between broadcasters and copyright holders (or collective managers).

Should the broadcaster wish to provide and make available its programme in other EU/EEA countries, the licence for such use in the territory of the Czech Republic will be a sufficient legal title to do so according to this principle.

Conclusion

The Amendment to the Copyright Act is expected to introduce several new definitions and institutes into the Czech legal system. It promises to strengthen the rights of copyright holders and to improve the accessibility of copyrighted works. In certain areas, the Amendment also raises concerns, for example, about insufficiently defined entities for which it introduces new obligations. Internet service providers may prefer to filter the content of their services more strictly in fear of possible sanctions, which may ultimately limit the availability of these works. However, we hope that these uncertainties will be resolved in the legislative process and that the Amendment to the Copyright Act will be adopted in early June. In practice, this will help to straighten out the current environment and help authors both in terms of the protection and availability of their works and in terms of fairer remuneration for them while not limiting the availability of their works on the internet.

 

Mgr. Martin Sojka,

Junior Associate

and

Mgr. Michal Štrof,

Partner

 

PPS advokáti s.r.o.

Source: epravo.cz