German Federal Court declares unlawfulness of penalty initiated by FIFA

German football club SV Wilhelmshaven (SVW) won a case before the German Federal Court (BGH) today concerning the lawfulness of a penalty based on FIFA.

Due to the non-payment of training compensations for an international transfer of a player, the FIFA Disciplinary Committee had decided on the enforced relegation of the SVW. After the CAS had affirmed this penalty, the North German Football Association (NFV) had implemented the relegation. While further complaints remained unsuccessful, the SVW won before the Higher Regional Court in Bremen (OLG), which considered the enforced relegation to be unlawful. Today, the BGH confirmed the OLG’s judgement.

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/09/german-federal-court-declares-unlawfulness-of-penalty-initiated-by-fifa/

Cyber-Bullying: Some Legal Issues of the Bill under Discussion

On 12 September 2016, the Italian Deputy Chamber has begun the discussion of the Bill no. 3139 (“Bill”), aimed at contrasting cyber-bullying.  This would impose significant duties on web-site operators (as defined within the same Bill). You can find here the text of the Bill and below a summary of its main contents.

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/09/cyber-bullying-some-legal-issues-of-the-bill-under-discussion/

FIFA Appeals Committee upholds transfer bans for Real Madrid and Atlético Madrid

FIFA’s Appeal Committee has rejected the appeals by the Spanish football clubs “Atlético de Madrid” and “Real Madrid” for breaches relating to the international transfer and registration of players under the age of 18.

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/09/fifa-appeals-commitee-uphold-real-madrid-and-atletico-madrid-transfer-bans/

Think before you link – CJEU confirms that linking to freely available but unauthorised content can infringe copyright

By Rahool Sarjua and John Cloke

Following the string of cases on hyperlinking the CJEU has dealt with in recent years, the court has emphatically confirmed in its judgment in GS Media v Sanoma & Ors that hyperlinking to works that have been made available on the Internet without the authorisation of the copyright owner can infringe copyright.

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/09/think-before-you-link-cjeu-confirms-that-linking-to-freely-available-but-unauthorised-content-can-infringe-copyright/

AVMS Market: Italian Communications Authority Launches a New Public Consultation

On July 26, 2016, the Italian Communications Authority (“AGCom“) launched a public consultation on the audiovisual media services (“AVMS“) relevant market (hereinafter, “Consultation“). The text of the Consultation (Annex A to Resolution no. 342/16/CONS) is available here. Operators may send to the AGCom their contribution papers, within September 24, 2016. Below you can find a list of the main topics included within the Consultation. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/09/avms-market-italian-communications-authority-launches-a-new-public-consultation/

UK: The ASA continues crack down on “FREE BET” adverts

The Advertising Standards Authority (the “ASA“) ruled that Betway’s “£30 Free Bet” promotion was misleading and omitted material information.

In June, Betway’s website featured an ad banner reading: “Football Betting Offer £30 Free Bet … Bet Now“. The fine print stated: “Key Terms 1) New Customers Only. 2) Min deposit £10+ required. 3) Maximum Free Bet Amount is £30. 4) Free Bet will be unlocked after original deposit is staked. 5) Additional Terms apply“.

The ASA found that Betway had failed to make clear that the promotion was a “matched bet” offer of between £10 and £30 depending on the amount new customers deposited. The ASA considered this significant material information which should have been included expressly in the promotion. On the basis that the advertisement implied the offer was for a fixed free bet amount of £30, the ASA deemed it to be misleading and a breach of CAP Code rules 3.1 (Misleading Advertising) and 8.17 and 8.17.1 (Significant conditions for promotions). The full ruling is available here.

The ASA’s decision follows its 2014 report into the application of the UK advertising codes to gambling advertising in which it promised “continued scrutiny” of free bets and other promotional offers (see earlier post here).

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/08/uk-the-asa-continues-crack-down-on-free-bet-adverts/

UK Secondary ticketing continues to be in the spotlight with publication of CMA response

The Competition & Markets Authority (CMA) has responded to the review of consumer protection measures that were adopted in relation to secondary ticketing. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/08/uk-secondary-ticketing-continues-to-be-in-the-spotlight-with-publication-of-cma-response/

UK: Tax treatment of freeplays

Following the March UK Budget announcement, HMRC has released a consultation paper on its proposal to impose remote gaming duty on freeplays, to bring the RGD rules into line with the GBD rules.

The proposal is that freeplays (as widely defined) are, when used, attributed a value for RGD purposes and only cash prizes resulting from freeplays, are deductible. Freeplays given as a prize, and vouchers exchanged for a freeplay, will not be deductible. The consultation paper also confirms that operators cannot even now deduct freeplays given as incentives rather than winnings.

Closing date for comments on the consultation is 17th October 2016 . There is no comment on when the changes are due to become law but the original proposal was 1st August 2017.

View the consultation paper.

For further information please contact Richard Woolich, UK Head of Tax.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/08/uk-tax-treatment-of-freeplays/

Leicester City Football Club: The Legendary Rise That Almost Never Happened

Leicester City’s rise to the top of English football has been well documented, but what is less well known is that it almost never happened as the club very nearly went into liquidation. Read all about how one of our restructuring partners helped save Leicester City and set the foundations for its glory years. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/leicester-city-football-club-the-legendary-rise-that-almost-never-happened/

Bill on the Amendment to the Polish Gambling Act adopted

At a meeting of the Council of Ministers on 19 July 2016, the Bill on the Amendment to the Gambling Games Act and Certain Other Acts, tabled by the Ministry of Finance, was adopted. The Ministry stressed that its main objective was to limit the so-called “grey zone”, protect players against the negative consequences of gambling and increase social awareness of the risks associated with illegal gambling. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/bill-on-the-amendment-to-the-polish-gambling-act-adopted/

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