As part of the Digital Single Market ("DSM") Communication published on 6 May 2015, the Commission stressed the need for a review to "ensur[e] cross-border access to legally purchased online services" (page 8). On 25/26 June 2015, the European Council met in Brussels to discuss a number of key European issues – one of which was the portability of the DSM.

The Council shifted its emphasis by clarifying that the DSM will "facilitate" cross-border access to online material protected by copyright (paragraph 12b of the report). This may signal that concerns raised by the audio-visual industries with regard to the territorial licensing model are being taken into account to some degree.

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