New Italian online gaming licenses now available!

The tender for the award of new Italian online gaming licenses has now been launched, but operators have to hurry up! Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2018/01/new-italian-online-gaming-licenses-now-available/

UK Government criminalises the use of ticket tout bots

By Francis Keepfer

The UK Government has introduced new draft legislation which criminalises the use of ‘bots’ to bulk buy event tickets.

Bots are automated programs used by ticket touts to circumvent security measures and maximum ticket purchase limits on legitimate ticketing websites.

The Breaching Limits on Ticket Sales Regulations 2017, introduced as part of the Digital Economy Act 2017, now make it a criminal offence to use ‘anything that enables or facilitates completion’ of any part of an online ticket sales process ‘with intent to obtain tickets in excess of a limit imposed’ by the seller.

The offence is committed whether the offer of tickets is made or anything is done to obtain the tickets, in or outside of the United Kingdom, and a person guilty of an offence under the Regulations is liable, in England and Wales, to an unlimited fine, and in Scotland, to a fine not exceeding £50,000.

The new legislation comes against a backdrop of recent efforts by the UK Government to combat large scale ticket touting. This includes the introduction of the Digital Economy Act 2017, which places additional requirements on ticket sellers and provides revised guidance for consumers, and two high-profile investigations carried out by National Trading Standards (NTS) and the Competition and Markets Authority (CMA), the former investigation leading to a series of raids and arrests in December last year. In November last year, the CMA raided the offices of secondary ticket websites StubHub and Viagogo as part of a year-long probe into ‘suspected breaches of consumer protection law’.

Internationally, a number of countries and private-sector companies are also cracking down on the use of ticket tout bots. The practice was banned in the United States in 2016, and Australia is currently considering legislation on the same. Google has also recently announced new restrictions on ticket sellers and ticket websites in order to combat fraud.

Matt Hancock, minister for the creative industries, said of the new Regulation:

We’re determined to make sure 2018 is the year we help real fans get the chance to see their favourite music and sports stars at a fair price. We’ll be acting to stamp out the growing problem of touts misusing technology to scoop up vast numbers of tickets only to sell them on at rip-off prices. Our work, together with improvements by industry, will help make the market more transparent and mean a great year for Britain’s thriving live events scene.”

 The draft legislation can be found here.

 

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2018/01/uk-government-criminalises-the-use-of-ticket-tout-bots/

Follow-us! Audiovisual Finance: the New Italian Cinema Law – DLA Piper Rome, Via dei Due Macelli 66 – 11:00 AM, 6 December 2017

Follow us (Rome, Via dei Due Macelli 66, 6 December 2017, 11:00 AM) for our roundtable on the Decrees implementing the Italian Law no. 220/2016 (“Cinema Law”) and the related investment opportunities concerning audiovisual works (including tax credit, automatic contribution, protection of minors and European works). We will also analyze the financing structures of audiovisual and theatrical works. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/12/follow-us-audiovisual-finance-the-new-italian-cinema-law-dla-piper-rome-via-dei-due-macelli-66-1100-am-6-december-2017/

CAP launches new guidance on advertising ‘free trials’ or other promotional offer subscriptions

By Francis Keepfer

The Committee of Advertising Practice (CAP) has this week launched new guidance on the advertisement of ‘free trials’ or other similar promotional offer subscriptions. The guidance has been issued as part of National Consumer Week 2017 which this year is focusing on subscriptions and subscription traps.

Working in collaboration with other organisations such as Citizens Advice and National Trading Standards, CAP’s aim is to ‘raise awareness and understanding amongst consumers about subscriptions so that they are better equipped to make informed choices and know who to turn to if something has gone wrong’.

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/12/cap-launches-new-guidance-on-advertising-free-trials-or-other-promotional-offer-subscriptions/

UK Autumn Budget 2017

KEY POINTS

On Wednesday 22 November, the UK Chancellor of the Exchequer delivered his Autumn 2017 Budget. The most significant announcement (though absent from the Chancellor’s speech) was that, from April 2019, the UK will be imposing UK tax on gains made by non-residents disposing of UK commercial property whether directly or via property-rich companies or other entities.

The Budget has also confirmed that with effect from April 2020, non-resident companies with UK source income such as rental income from UK real estate will be within the scope of UK corporation tax rather than income tax.

Alongside the Budget, the UK government has produced a position paper on how the digital economy should be taxed and a proposal to impose a withholding tax on royalties derived from UK sales paid to low tax jurisdictions from April 2019. Below is a summary of some the measures announced:

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/11/uk-autumn-budget-2017/

Can a TV show format acquire copyright protection?

By Patrick Mitchell and Will Thorman


Many years ago the Courts determined that there was no copyright in the format for the “Opportunity Knocks” game show (see Green v New Zealand Broadcasting Corporation [1989] 2 All ER 1056) and since then several other claims to copyright in TV formats have failed when considered under English law.

However, in its judgment (available here), the English High Court held that it was possible that a game show format could acquire copyright protection as an original ‘dramatic work’.

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/11/can-a-tv-show-format-acquire-copyright-protection/

CINEMA AND AUDIOVISUAL MEDIA SERVICES: A WIDER PROTECTION FOR EU WORKS

On 2 October 2017, the Italian Council of Ministers approved a new Legislative Decree (“Decree“), aimed at ensuring a wider protection to EU (and Italian) works in the audiovisual media services (“AVMS“) sector. A brief outline of the new provisions is set out below.
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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/10/cinema-and-audiovisual-media-services-a-wider-protection-for-eu-works/

Ofcom launches revised rules on consumer protection and nuisance calls

By Francis Keepfer

The UK telecoms regulator, Ofcom, has launched a review of its General Conditions of Entitlement (the regulatory rules that all UK communications providers (CPs) must follow in order to operate) and a consultation on updating its guidance concerning the provision of calling line identification (CLI) facilities.

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/09/ofcom-launches-revised-rules-on-consumer-protection-and-nuisance-calls/

Update: German Sports Betting Regulation

By Dr. Michael Stulz-Herrnstadt and Christoph Engelmann

The state parliament of Schleswig-Holstein announced that it will not approve the new State Treaty on Gambling. They want to push for an entire new law that includes licenses for online casinos as mentioned in their coalition agreement.

In addition the administration of North Rhine-Westphalia announced that it will not ratify the new law and that it stopped the implementation of the new responsibilities (the new law provides that North Rhine-Westphalia takes over the sports betting regulation from Hesse).

The consequence of this situation is that the new State Treaty will not enter into force on 1 January 2018 as planned. This is because the law provides that it will be invalid if it is not ratified by all 16 German states until 31 December 2017.

Until the German states find an agreement for a new law the current regulatory situation remains. Sports betting will be tolerated for EU-licensed operators as long as they comply with material regulatory requirements like advertising restrictions and AML obligations. This is now confirmed by several higher administrative courts like the ones of North Rhine-Westphalia, Saarland and Hesse.

Dr. Michael Stulz-Herrnstadt and Christoph Engelmann recently commented on the decision of the higher administrative court of Hesse in the German magazine “GRUR-Prax” 2017 p. 387; the article can be viewed here (in German, subscription based). Dr. Michael Stulz-Herrnstadt was also interviewed about the Schleswig-Holstein situation by the magazine “Online Gambling Lawyer“.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/09/update-german-sports-betting-regulation/

Changes to the law on Sport in Poland

by Rafał Burda and Wojciech Biegański

The new Polish Sports Law that came into force on 12 September 2017 introduces important changes with respect to the regulatory aspects of sport as well as some organisational and structural changes to sport in Poland that are aimed at conforming with modern standards of sports regulation. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/09/changes-to-the-law-on-sport-in-poland/

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