Media

Directive on copyright in the digital single market

The revised proposal for the new Directive on copyright in the Digital Single Market (the “Directive”) has entered its final round of trilogue negotiations (closed door negotiations between the European Parliament, the European Commission and the European Council). The Directive is intended to reform and modernise the EU’s outdated legislation in order to make copyright rules fit for the digital age. The final form of the Directive was agreed last Wednesday.

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Key dates set for coming into force of the new Audio-visual Media Services Directive

On 28 November 2018, Directive (EU 2018/1808) (“New Directive”) revising the existing Audiovisual Media Services Directive (2010/13/EU) (“AVMSD”) was published in the Official Journal of the European Union. As such the key dates for when the New Directive comes into force and by when member states must transpose it into national legislation have been confirmed.

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Australia – Navigating social media advertising

Worldwide, there has been increased regulatory scrutiny of social media influencers, including the UK’s ASA guidance (see previous update by John Wilks and Claire Sng) and Competition and Markets Authority investigation, the European Commission’s ‘Behavioural Study on Advertising and Marketing Practices in Social Media’, and the recent crackdown by South Korea’s Fair Trade Commission.

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Bundesliga clubs confirmed 50+1 rule – but liberalisation plans for Investors are not off the table

For decades investors have been interested in German football. However, on 22 March 2018 the German Football League (“DFL”) voted in favour of generally retaining the 50+1 Rule. This rule, which is unique throughout Europe, was established in 1998 and in short means that investors cannot take over clubs as the clubs shall hold a majority of their own voting rights. German clubs are generally controlled by associations made-up of fee paying members, rather than …

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Global Media Sector Trends 2018

DLA Piper’s new Global Media Sector Trends 2018 report explores how new commercial opportunities are being created by disruption, specifically in relation to the rise of over-the-top (OTT) content, virtual / augmented reality (VR/AR) and the internet-of-things (IOT). The rise of OTT content is most exciting for companies in this sector. Some 82% of respondents stated that monetising content through OTT is a major growth area for their business. In parallel, 25% of participants expect more than …

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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. Our panelists will include producers of audiovisual (Andrea Buonaguidi, Palomar) and theatrical (Federica Lucisano, Gruppo Lucisano) works, …

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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. A. The Main Contents of the Decree The Decree amends Article 44 of the Italian AVMS Code (Legislative Decree no. 177/2005 and ff. amendments), setting forth the general framework for the …

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UK – Ofcom reintroduces (lower) fees for video-on-demand services

The larger operators of UK VOD services (such as broadcasters’ catch up services, and other on-demand TV and movie services) will again be required to pay an annual fee to meet Ofcom’s regulatory costs.Ofcom became the sole UK regulator for editorial content (i.e. programming) on on-demand programme services (“ODPS”) on 1 January 2016. It took over responsibilities from the Authority for Television On Demand (“ATVOD”).

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AVMSD reform: Focus on video-sharing platforms

As broadly known, the EU Commission on May 25, 2016 published its proposal for a reform of the audio-visual media services Directive no. 2010/13/EU (“Proposal“, available here).  The Proposal is currently under scrutiny: in particular, the European Parliament’s Committee on Culture and Education on April 25, 2017, voted to amend the Proposal.  The subject matter of this post is constituted by video-sharing platforms. 1. Video-Sharing Platforms: Current Regulatory Framework The Italian AVMS Code – in …

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Filmspeler – Sale of “fully-loaded” IPTV boxes and “unlawful use”

In another welcome decision for content owners and broadcasters, the CJEU has dealt a significant blow to the business models of those individuals looking to profit from the sale of pre-configured media players which provide end-users with hyperlinks to copyright-infringing Internet streams.

In its Filmspeler judgment (available here), the Court followed the opinion of its Advocate General (previously reported here) that the mere sale of media players (such as IPTV/ Kodi boxes) which are pre-configured (or “fully loaded”) to display pirated content itself constitutes a communication to the public, provided certain conditions are met.

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