New report on telecommunications market in the EU

By Patrick Mitchell and Chris Elliott

The European Commission has published a new report on the telecommunications market and regulation in the EU.  The report covers the period from January 2012 to December 2013 and covers a variety of regulatory issues including, among others: market regulation, broadband plans and financing, access and interconnection, consumer issues, universal service and net neutrality.

You can read the report here.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2659

UK anti-piracy campaign set for launch

By Patrick Mitchell and Chris Elliott

In an effort to combat digital piracy, the film and music industries have reached an agreement with the UK’s leading ISPs to launch the ‘Voluntary Copyright Alert Programme’ next year.  The programme will send up to four warning emails or letters to households suspected of copyright infringement and is part of a wider scheme aiming to educate people about copyright and legal ways to download digital content.

 However, the campaign has come under criticism from certain rights holders for being heavily watered down from the measures originally envisaged in the Digital Economy Act 2010 which provided for “technical measures” to be taken against persistent offenders, including the potential sanctions of suspension or limiting internet access.  Under the new campaign, no further action will be taken against those suspected of copyright infringement, even if they ignore the warnings.

In June 2013, the French government removed still relatively new anti-piracy legislation (the so-called “HADOPI law”) that had allowed the regulator to disconnect internet service for offenders after three warnings, admitting that the penalty was too difficult to enforce.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2655

Italy – YouTube case changes rules on Internet liability

The Internet liability regime for hosting providers have been subject of different interpretations by courts in Italy and a new interesting position came up with the decision of the Court of Turin (Italy) involving YouTube and Google which overturned its initial decision of a few months ago introducing new principles of Internet liability for online operators. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2650

Following loss before the Supreme Court, Aereo “astonishes” broadcasters with new legal strategy

By Andrew L. Deutsch, Marc E. Miller and Melissa A. Reinckens

Shortly after its highly publicized loss before the US Supreme Court (see here), which appeared to doom its over-the-air television Internet streaming business, New York-based Aereo has asserted in federal district court that it is entitled to a compulsory license to carry over-the-air broadcasts under § 111 of the Copyright Act. Such a license, which is available to cable systems, could be a complete defense to copyright infringement claims by broadcasters. Aereo bases its claim on the Supreme Court’s ruling that the Aereo service is “highly similar” to that of a cable system.

Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2644

Italy: Serie A media rights – End of the story?

As you may well be aware, Lega Nazionale Professionsti Serie A (the Italian top-tier soccer league) football rights have not yet been fully licensed. Whilst we are waiting for the results of the additional tender for the so called Package C and Package E media rights for the seasons 2015 to 2018, there is still some degree of uncertainty. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2641

Media, Sport & Entertainment Webinar 2014: Fair Dealing

Wednesday 23 July  2014
3.00 – 4.00 pm BST

We are delighted to invite you to the next session in our series of 1 hour webinars. This webinar will focus on Fair dealing.

When is it “fair” to use copyright content belonging to another without permission? This webinar will feature a lively discussion of the latest position on “fair use” defences to copyright claims. We will compare and contrast the laws of several major jurisdictions, with practical examples, and will consider future developments in this important area for the media industry.

I will chair the session, and our speakers will include specialists from the UK (John Wilks), Italy (Roberto Valenti), France (Florence Guthfreund-Roland) and the US (Andrew L. Deutsch).

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 email events@dlapiper.com

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2637

Celebrity endorsements on social media: 7 tips for navigating the right of publicity

By David M Kramer

Social media makes building a brand easy: the tools are laid out in front of you, ready to launch your company to worldwide fame with a click of the mouse. Craft a few irreverent tweets, refresh the company Facebook page and voilà: you instantly have the power to engage consumers on a level never before possible, without the constraints of old-line paradigms.

In the real world, it’s not that simple. As with any emerging medium, the always-on world of social media generates risks for brand owners every minute. While these risks are not always predictable, experience provides guidance on some issues brands may face. Among these questions: how far can you leverage the names and images of celebrities when promoting your brand online?

Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2634

Australia: Official supplier of statistics to the NRL fails to obtain interlocutory injunction for breach of its intellectual property

On 8 May 2014, Sports Data Pty Ltd (Sports Data), NRL’s previous official supplier of statistics, filed an interlocutory applications against Prozone Sports Australia Pty Ltd (Prozone), the new supplier of statistics to the NRL. Sports Data alleged that during late 2013 and early 2014, Prozone used or copied the template or set of input criteria that it had developed over many years in order to provide detailed statistical analysis to the NRL. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2626

Australia: Illegal streaming hits the World Cup

The 2014 FIFA World Cup has been a ratings success for SBS, which has an exclusive Media Rights Licence to broadcast the World Cup across television, radio and the internet in Australia. However, with the tournament now nearing its final stages, the Sydney Morning Herald has reported that SBS is attempting to identify illegal live-streamers from Europe and the Middle East who are providing footage of the matches into Australia. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2624

Changes in Spain’s Cinema Act: Cool-off period for non-theatrical shows

Author: Diego Ramos

 

For several weeks, Spanish public authorities (city halls in particular) have offered to their residents and visitors non-theatrical exhibitions of movies for a reduced price or even for free. Summer Cinemas, Cinema Clubs, Cinema Weeks and similar initiatives have proven to be extremely popular in many cities, towns and villages all across Spain. Quite frequently, these offers included the attractive slogan “see the latest releases”  (which was more or less true depending on what you consider “latest releases”). From last Saturday (5 July 2014) this shall no longer work in this way.

By means of Spanish Royal Decree Law 8/2014, the Spanish Government has amended without early notice Spanish Law 55/2007 on Cinema matters. In addition to changing the terms under which the cinematographic entities operating in Spain shall register themselves, a change has been inserted on article 15.4 of that Law. According to that change, Spanish public authorities (basically city halls, but also other similar authorities) shall no longer exhibit for free or for a reduced price movies that were subject to theatrical release less than twelve months before the intended date of non-theatrical exhibition by the authorities. Such restrictions shall not apply in the case in which the representatives of the movie theatres / video producers notify to the authorities that no harm should occur as a result of the non-theatrical exhibition.

This legal change shall have a clear impact on a practice that has been growing steadily in the last years. At least in part, it shall return to the traditional approach, exhibiting less recent movies and making an effort to deliver quality rather than novelty.

From a formal viewpoint, it shall be clarified that a Spanish Royal Decree Law is a peculiar piece of legislation in the Spanish legal system. It is for all purposes a law, with the same status as an Act of Parliament, but it is approved by the Government in urgent situations and becomes immediately binding, subject to the later ratification of the Parliament only. Since the current Government has an outright majority in Parliament, ratification can be taken for granted.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/?p=2613

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