FA Proposes Global Ban on Gambling

 By Alasdair Muller and Patrick Mitchell

The FA has proposed amendments to its rules on gambling which, if approved by its shareholders at their AGM on 21 May, will come into effect from the start of the 2014-15 season. The amendments have already received recommendation from the FA Council and the Football Regulatory Authority.

The revised rules would introduce a world-wide ban on players and other participants involved in the top eight tiers of the English league system from betting on the outcome of football matches and competitions, or on any other “football-related matter”, including the transfer of players, employment of managers and team selections.

This represents a significant extension to the FA’s current rules, which prevent players and other participants betting on matches or competitions in which they are involved (or over which they have a degree of influence), or on “football-related” matters concerning any club which competes in the leagues in which, in the relevant season, the relevant participant is involved.

This proposed new “global” approach would be comparable to the position adopted by, for example, the British Horseracing Authority. The BHA’s rules prohibit riders and other participants in racing from making bets on horseracing, “regardless of where the bet is placed or where the race is run”.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2372

Football rights guidelines approved by Agcom!

Further to the preliminary inquiry carried out by the Italian Communication Authority (Agcom) with operators holding a direct interest in the sale of media rights for the Italian football seasons (as discussed here), yesterday the Authority approved the guidelines issued by the Lega Nazionale Professionisti Seria A (hereinafter “Lega Nazionale”) for seasons 2015/2016, 2016/2017, 2017/2018. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2366

Italy – (Yet another) LCN Suspension

Groundhog Day for LCN in Italy, as today the Consiglio di Stato (Administrative Supreme Court) suspended the LCN Consultation. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2362

Media, Sport & Entertainment Webinars 2014: Television Signal Piracy

Media, Sport & Entertainment Webinars 2014

Television signal piracy
Wednesday 23 April 2014
3.00 – 4.00 pm BST

We are delighted to invite you to the second of our series of 1 hour webinars. This webinar will focus on Television signal piracy.

Signal piracy has been described by many of our clients as their single biggest threat. DLA Piper has acted on many of the recent cutting edge cases in this field and we are intimately familiar with the issues involved in protecting our clients’ property and services across jurisdictions. This session will look at recent cases, regulations and strategies for dealing with pirates, and our Italian team will consider the new Agcom regulations in Italy.

I will chair the session, and our speakers will include specialists from the UK (Ruth Hoy), Italy (Giangiacomo Olivi and Alessandro Ferrari ), Dubai (Jamie Ryder) and US (Richard Flaggert).

 It’s simple: the webinars are free and delivered to your desk. You can access the slides on your PC and access the audio presentation by freephone number. There will be an opportunity at the end of each session to ask questions.

This webinar may attract continuing legal education points, CPD or CLE, depending on the rules in your jurisdiction.

Best regards

Nick Fitzpatrick
Global Co-Chair, Media, Sport and Entertainment

If you wish to attend,  please click the RSVP at the bottom of the page.

Please click here to RSVP

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2356

EU – International data transfers from processors to processors made easier, good news for cloud providers and outsourcers

By Patrick Van Eecke and Elisabeth Verbrugge

Working Party 29 issued a working document on model clauses for personal data transfers from EU data processors to non-EU sub-processors. This is an important step towards creating a more comprehensive framework for contract-based personal data transfers outside the EEA.

European data protection laws in principle prohibit the transfer of personal data to countries outside the EEA which are not deemed to offer an adequate level of protection. As only a very limited number of countries are deemed to offer such adequate level of protection, the processing of personal data in global companies or in a cross-border context in general, often proves to be a challenge. Indeed, transfers to such third countries are only permitted in case an exception applies, or in case the data controller adduces additional safeguards, e.g. via conclusion of a data transfer agreement. The European Commission has approved three sets of model clauses which can be used as a basis for such data transfer agreements. Subject to local notification and approval requirements, transfer agreements based on those model clauses will typically provide a sufficient legal basis for data transfers. To date, the European Commission has only approved model clauses governing “controller-to-controller” and “controller-to-processor” transfers.

However, practice demonstrates that companies are often confronted with an EU controller – EU processor – non-EU sub-processor set-up. The transfer of personal data outside the EEA only occurs in the processor – sub-processor relationship, and not in the controller – processor relationship. In such case, companies are often forced to rely on one of the exceptions permitting data transfers (which is often a challenge as the exceptions can rarely be invoked in relation to large-scale data transfers), or to create a customised data transfer agreement (which offers less legal security and/or is subject to burdensome approval processes).

We therefore welcome Working Party 29′s initiative to take the first steps towards creating model clauses for processor-to-processor data transfers. Indeed, such model clauses will complement the existing model clauses framework and facilitate compliance with European data protection laws. It should, however be noted that these draft new model clauses have not yet adopted been by the European Commission and therefore do not constitute a new official set of model clauses. Use of these new model clauses will not yet guarantee compliance with data transfer requirements. It can, however, be expected that using these draft new model clauses could facilitate approval from the local data protection authority in countries where customised transfer agreements are subject to such data protection authority approval.

For more information, contact Patrick Van Eecke (Patrick.VanEecke@dlapiper.com) or Elisabeth Verbrugge (Elisabeth.Verbrugge@dlapiper.com).

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2339

US Copyright Office Calls For Public Comment on Music Licensing

By Matt Ganas and Sam Churney

As part of a concerted effort to assess the effectiveness of existing methods of licensing music, the US Copyright Office has published a request in the Federal Register for public comment on a number of copyright issues. This request relates to an ongoing congressional review and a potential overhaul of the US Copyright Act, 17 U.S.C. 101, et. seq. (the “Act”),  in view of technological developments that continue to shape music industry practices in the digital age.  According to the Copyright Office, information gathered during the public comment period will be reported to Congress for consideration of possible revisions to the Act.

The congressional review is directed to a variety of issues concerning the US copyright system’s mechanisms for licensing musical works (i.e., compositions) and sound recordings (i.e., recorded performances of musical works). The Copyright Office thus seeks public comment related to a number of subjects, including (for example):

  • whether Section 115 of the Act – which establishes a compulsory licensing scheme for the right to reproduce and distribute phonorecords (i.e., physical copies) of musical works – should be updated to permit licensing of musical works on a “blanket” rather than “song-by-song” basis;
  • whether the scope of Section 115’s statutory license should be expanded to include public performances of musical works;
  • whether antitrust consent decrees governing Broadcast Music, Inc. (“BMI”) and the American Society of Composers, Authors and Publishers (“ASCAP”) with respect to public performance licenses for musical works:
    • are serving their intended purpose of protecting licensees from anticompetitive price discrimination, or
    • should be amended to enable music publishers to withdraw digital rights from the blanket BMI/ASCAP license and negotiate public performance licenses directly with digital music services (an issue that internet radio service provider Pandora recently litigated against both ASCAP and BMI);
  • whether the limited public performance right in sound recordings pursuant to Section 114 – which applies only to “digital audio transmissions” (i.e., satellite radio and internet-based music services) – should be expanded to include broadcast radio transmissions; and
  • whether federal copyright protection should extend to sound recordings made prior to February, 15 1972 in view of recent developments and, if so, whether pre-1972 sound recordings should be included within the Act’s statutory licensing provisions.

In addition to considering specific revisions to the Act, Congress is also assessing how the federal government might influence music licensing policy more generally.  The Copyright Office thus seeks comment on whether and to what extent the government could play a role in encouraging: (i) the development of alternative licensing models and (ii) the adoption of universal standards for identifying sound recordings and musical works to facilitate the music licensing process. From an economic perspective, Congress is also analyzing how music marketplace advancements have impacted the income of recording artists, composers and songwriters, and whether industry revenues are split fairly between distributors and creators of musical works and sounds recordings.

Comments are due by May 16, 2014 and can be submitted electronically on a comment page on the Copyright Office’s website.

The relevant notice in the Federal Register can be read here: http://www.copyright.gov/fedreg/2014/79fr14739.pdf

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2332

FC Barcelona sanctioned by FIFA for international transfers of minors

By Ceyhun Pehlivan and Jorge Monclús

FIFA’s Disciplinary Committee has sanctioned the Spanish Football Federation (“RFEF”) and Spanish club FC Barcelona for “breaches relating to the international transfer and registration of players under the age of 18“.

The investigations undertaken by the FIFA Transfer Matching System over the last year confirmed that both the RFEF and FC Barcelona had violated provisions relating to the transfer and registration of international minors, as well as other relevant regulations regarding the registration and participation of certain players in national competitions between 2009 and 2013.

Accordingly, the FIFA’s Disciplinary Committee has deemed the above-mentioned infringements as serious and decided to sanction the Spanish club with a transfer ban at both national and international level for two complete and consecutive transfer periods as well as a fine of 450,000 Swiss francs (approximately €370,000). Moreover, FC Barcelona has been granted a period of 90 days to regularise the situation of the affected minor players.

Additionally, the RFEF has also sanctioned with a fine of 500,000 Swiss francs (approximately €410,000) and ordered to regularise its regulatory system concerning the international transfer of minors in football in a period of one year.

FC Barcelona has recently issued an official statement confirming that they would appeal the ban to FIFA.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2328

Google gives UK “super flagger” powers

Google has granted the UK security services privileged “super flagger” status over YouTube videos, which enables the government to alert YouTube to videos deemed to threaten national security.  It follows a campaign led by the government to persuade ISPs, search engines and social media sites proactively to monitor online content.

The authority will grant the UK Metropolitan Police’s Counter Terrorism Internet Referral Unit the ability to refer videos to YouTube that it believes have violated the Terrorism Act. Google itself will retain the ultimate discretion as to whether to remove content for breaching its community guidelines.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2323

ATVOD issues new regulatory guidance

By Patrick Mitchell and Bethan Lloyd

The co-regulator of video on demand (“VOD”) editorial content, the Authority for TV on Demand (ATVOD), has recently published revised guidance [http://www.atvod.co.uk/uploads/files/Statement_on_New_Scope_Guidance_FINAL.pdf ] on the scope of the regulations concerning VOD services.   The updated guidance draws upon the outcomes of a consultation process and is also intended to reflect ATVOD’s recent experience, including various appeals of its decisions to Ofcom. Please let us know if you want our insights on this new guidance.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2317

Ofcom Confirms Terms for New Channel 4 Licence

Ofcom has announced that Channel 4′s public service broadcasting licence will be renewed for a 10-year period following the expiry of the current licence at the end of 2014.

The licence will be for 10 years – its terms remain unchanged, with the exception that Ofcom has tripled Channel 4′s quota for programmes produced outside England (i.e. in Scotland, Wales and Northern Ireland) – from 3% per volume and spend, to 9% from 2020.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2312

Older posts «