HUB FOCUS: Recent TV trends in China

Our global Media, Sport & Entertainment Hub provides insights into various legal and commercial issues impacting on this space.

As part of our “HUB FOCUS” series, we provide an extract, focusing on recent trends in the broadcast media industry in China:

Internet has significantly changed the landscape of the TV industry in China. Currently, the number of people that are watching programs online instead of watching programs using a TV is growing rapidly. Apart from video sites, CCTV and other major TV broadcasters have also established their Internet presence. For example, CCTV operates China Network Television (CNTV) which provides users with a globalized, multilingual and multi-terminal public webcast service platform. It appears the merger of internet and TV is the trend in China and IPTV seems to be a promising industry in coming years.

A notable recent development is that, perhaps due to the popular use of Internet to stream video programs in China, GAPPRFT has started to enhance its control on Internet culture and communication. On 5 September, 2014, GAPPRFT reiterated the ‘Provisions on the Administration of Online Overseas Film and Television drama’, stating that any overseas films or television dramas may only be broadcasted online when the appropriate License for Publication of Films or License for Distribution of Television Drama has been acquired. Internet video and audio broadcasters were required to also register its overseas film and television drama related information with the relevant administrative departments before 31 March, 2015. As of 1 April, 2015, overseas films or television dramas not registered may not be broadcasted online.”

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/hub-focus-recent-tv-trends-in-china/

United States: UFC Hires Anti-Doping Crusader

By Courtney Saleski

Last week, the UFC named Jeff Novitzky as Vice President of Athlete Health and Performance.  According to the press release, Mr. Novitzky will help the UFC “invest in state of the art sports science studies, further develop its out-of-competition testing policy, and enrich its education and prevention programs.”

Since at least the early 2000s, Mr. Novitzky has pioneered anti-doping investigations and prosecutions as a federal agent with the US IRS and US FDA. Mr. Novitzky is best known for leading the steroid investigations of the Bay Area Laboratory Co-Operative and former baseball star Barry Bonds, as well as for his involvement in the investigation of Lance Armstrong.  Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/united-states-ufc-hires-anti-doping-crusader/

Internet of Things: Another Over the Top War?

The Italian Communications Authority (Autorità per le garanzie nelle comunicazioni – “Agcom”) published its survey on M2M (see also here the full text of the survey and our previous posts). Agcom confirmed that connected cars are dominating the scene, with almost half of the mobile M2M connections, although smart city, smart logistic and smart home applications will remain more profitable.    Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/internet-of-things-another-over-the-top-war/

Australia: Perth Glory suspended, fined and going to Supreme Court

By Thomas Zhong and Judith Miller

Perth Glory have been fined $269,000 and ejected from the finals series of the A-League after being found guilty of salary cap breaches.

SALARY CAP BREACHES ACROSS THREE SEASONS

The breaches include the non-disclosure of:

  • Payments outside of the Standard Player Contract
  • Payments to a player’s family member
  • Payments of player agents’ fees
  • A third party sponsorship

UPDATE 14 APRIL 2015: Perth Glory have confirmed that the application seeking an injunction from the Supreme Court of Western Australia has been suspended, in “the spirit of the game”, to allow the FFA appeal process to be exhausted.

Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/australia-perth-glory-suspended-fined-and-going-to-supreme-court/

Steps forward in the amendment of Romanian gambling legislation

The Romanian state has made several steps forward in the process of amending Romanian gambling legislation.

As such, given that the amendments to the main gambling act were brought by way of a government emergency ordinance (“EGO 92/2014″), which entered into force on 13 February 2015, such act needs to be also passed via the Romanian Parliament who may approve it, approve it in an amended form or reject it. 

The Senate, as first designated Chamber of the Romanian bicameral parliament, voted in favor of the law approving the EGO 92/2014 in its current form, disregarding the proposed amendments from the Senate Finance and Budget Commission.

Therefore, the law has been sent to the second Parliament Chamber – the Chamber of Deputies - who will put it under debate in the Chamber of Deputies Finance and Budget commission. The commission will make their proposals and will consequently submit the law of approval to the vote of the plenary session.

The Chamber of Deputies shall cast the decisional vote on the law for the approval of EGO 92/2014.

In what concerns the secondary legislation, on 9 April 2015 the Romanian state notified to the European Commission the implementation norms to the main gambling legislation act.

The standstill period is due to expire on 10 July 2015.

For the moment, the implementation norms are only available in Romanian version.

We will keep you updated as to any further developments.

 

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/steps-forward-in-the-amendment-of-romanian-gambling-legislation/

Australia: Essendon v ASADA: Players cleared

The Australian Football League Anti-Doping Tribunal has cleared 34 past and present players of any wrongdoing in relation to a supplements program at the Essendon Football Club. The tribunal, consisting of two former Victorian County Court Judges and a former player (now barrister) have withheld the reasons for the decision until the appeal period ends.

The players were facing a ban of up to two years if the Australian Sports Anti-Doping Authority (ASADA) had presented sufficient evidence to achieve the “comfortable satisfaction” burden of proof required to constitute a doping case. The Tribunal was comfortably satisfied that the substance Thymosin Beta-4 was at the relevant time a prohibited substance under the Code, but the Tribunal was not comfortably satisfied that any player was administered Thymosin Beta-4.

Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/essendon-v-asada-players-cleared/

Belgium: Even a world famous painter needs to respect copyrights

By Alexis Fierens and Raf Schoefs

The well-known Belgian painter Luc Tuymans has based his painting ‘A Belgian Politician’ on a picture of the Belgian right-wing politician Jean-Marie Dedecker that was made by the professional photographer Katrijn Van Giel, without asking her authorisation. Tuymans unsuccessfully invoked the parody exception and was found to infringe Van Giel’s copyright. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/even-a-world-famous-painter-needs-to-respect-copyrights/

Australia: Dallas Buyers Club LLC obtains customer identities from ISPs in landmark piracy ruling

By Judith Miller and Matthew Evans

On Tuesday 7 April 2015, a single Federal Court Judge ordered six internet service providers (ISPs) to hand over the names and identities corresponding to approximately 4,700 unique IP addresses, which have allegedly downloaded and shared the Dallas Buyers Club movie without permission over the peer-to-peer sharing network BitTorrent.

Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/australia-dallas-buyers-club-llc-obtains-ip-addresses-of-isps-in-landmark-privacy-ruling/

The European Commission’s Scrutiny of Online Platforms – A push for the Digital Single Market

By Kate Vernon and Louisa Mottaz

The Digital Single Market

The creation of a Digital Single Market is set to be the new priority for the European Commission (the “EC“). In the past week the Commission has been more vocal about its desire to see more cross-border activity in the digital world.  Half of all European consumers shopped online in 2014 but only 15% purchased goods from another Member State.  The Commission is looking to see if there are  barriers in place which are preventing goods and services from being traded online across the EU. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/the-european-commissions-scrutiny-of-online-platforms-a-push-for-the-digital-single-market/

UK: Intellectual Property Office publishes advice on exhibition of copyright protected works

By Patrick Mitchell and Holly Pearlman

On 24 March 2015, the UK Intellectual Property Office published “Copyright notice: public exhibition of copyright works”, a notice aimed at libraries, museums, galleries and other institutions who may wish to exhibit works which are copyright protected.  The notice is informative and outlines the difference between having literary, dramatic, artistic or musical works on public display, a legitimate act not infringing copyright laws, and performing these works in public, which could constitute copyright infringement.
 
To read the notice in full please go to: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/415698/Copyright_Notice_-_5_2015_exhibition_of_works.pdf.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/uk-intellectual-property-office-publishes-advice-on-exhibition-of-copyright-protected-works/

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