E-Sport will finally be recognised as a sport in Poland

On 14 March 2017, the Council of Ministers adopted a draft law amending the Act of 25 June 2010 on Sport (accessible here). The draft is currently subject to its first reading in parliament. The draft introduces an extension to the existing definition of sport, supplementing the solely physical activity expressed thus far in the sports law with “competition based on intellectual activity aimed at achieving a sports result”.

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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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2017 Prize Promotions Handbook Now Available

For a number of years DLA Piper has been offering clients access to its Prize Promotions handbook and the great news is the 2017 version now covers 35 countries around the world.

The interactive Prize Promotions Around the World website assists clients with the management of the early development stages of a prize promotion (such as a sweepstake or skill-based contest), and sections on topics such as judging and sanctions.

Have a look at the site and see how the risk varies around the world; how severe sanctions are and how regularly they are imposed, as well as the relative restrictiveness of regulations.

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Proposed restrictions on gambling during broadcast (including online platforms) in Australia

On 6 May 2017 the Australian Government announced the Broadcast and Content Reform Package which, among other things, affects the current broadcasting regime that covers gambling advertising and promotions during live sports programmes. The reform package includes a prohibition on gambling promotions from five minutes before the scheduled start of play in all live sports broadcasts to five minutes after the conclusion of play until 8:30 pm (after which the existing regime will apply). The restriction targets programmes aimed at an …

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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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If you can’t beat them, block them. Section 115A strikes against piracy websites, this time for the music industry

Last week in the Federal Court of Australia, over thirty internet service providers (ISPs) including TPG, Optus and Telstra were ordered to block access to the torrenting website KickassTorrents and related domain names. Universal Music is the third case to be decided under the recently added section 115A of the Copyright Act 1968 (Cth) after Roadshow Films Pty Ltd v Telstra Corporation Ltd (Roadshow Films) and Foxtel Management Pty Limited v TPG Internet Pty Ltd[1], and represents a win for music labels such as Universal Music, APRA, AMCOS and Warner Music.

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Regulations governing the reformed Horserace Betting Levy now in force

The long awaited Horseracing Betting Levy Regulations 2017 (the “Regulations”) come into force today (25th April 2017) following the grant of State Aid approval by the European Commission on 21st April 2017. The Regulations reform the statutory Horserace Betting Levy by extending its application to off-shore bookmakers (in its previous form the Horserace Betting Levy only applied to bookmakers based in the UK). The Regulations set a 10% levy on the “gross gambling yield” on bets …

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Polish blacklist of gambling websites

On 1 April 2017, the Polish Regulator set up a gambling domain names blacklist. It will contain all gambling games websites addressed to recipients in Poland (i.e. in particular the websites that are in Polish or are advertised in Poland) which are run by gambling operators that do not have a Polish licence. Any operator whose domain name is entered in the Register may appeal to the Polish Regulator (the Minister of Development and Finance) …

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