Judith Miller

Judith Miller

DLA Piper

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Latest Publications


Sports, Media and Entertainment Intelligence - May 2015 (Global)

COPYRIGHT - Belgium: Even a world famous painter needs to respect copyright - It has been held that the well-known Belgian painter Luc Tuymans breached professional photographer Katrijn Van Giel's copyright through his...more

5/8/2015 - AgCom Anti-Doping Issues ASADA Australia China Copyright Cross-Border Data Breach Digital Media Doping EU Gambling Internet Internet of Things Italy Museums Photographs Piracy Privacy Laws Romania Salary Caps Social Media Sports Television Programming UK

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

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....more

4/13/2015 - Appeals Australia Employee Benefits Fines Football Injunctions Salary Caps Sports

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

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...more

4/9/2015 - Australia BitTorrent Copyright Copyright Infringement Copyright Litigation Discovery File Sharing Film Industry Internet Privacy Internet Service Providers (ISPs) Movies Peer-to-Peer Piracy Popular

Sports, Media and Entertainment Intelligence - April 2015 (Global)

FILM AND TV - Australia: ACMA's broad powers to hold media accountable confirmed by High Court - The High Court has confirmed that the Australian Communications and Media Authority (ACMA) has the power to declare that a...more

4/6/2015 - ACMA Arbitration Australia Broadcasting China Copyright Infringement Doping Film Industry Film Tax Credits Football Gambling Horse Racing Internet License Agreements Pharrell Williams Pirate Bay Portugal Robin Thicke Sports Sports Betting UK Wrongful Termination

The ACCC's hunt for franchisors starts with AU$500,000 penalty

In a wakeup call for franchisors, the Federal Court earlier this week imposed an AU$500,000 penalty on South East Melbourne Cleaning Pty Ltd (formerly Coverall Cleaning Concepts South Easy Melbourne Pty Ltd) (Coverall) for...more

3/31/2015 - ACCC Australia Breach of Contract Code of Conduct Franchisee Franchisors Misleading Statements Penalties

Australia: Update: Giedo van der Garde cancels contract with Sauber

Giedo van der Garde withdrew his legal action against Sauber just prior to the Melbourne Grand Prix race following F1 Team Sauber’s indication that it would ignore the Victorian Court of Appeal decision and continue to refuse...more

3/19/2015 - Australia Car Racing Employment Contract

Australia: Update: Terminating a sportsperson’s contract for private conduct (the Todd Carney case)

Last year, we published a blog update regarding an incident involving Todd Carney that led to the termination of his contract with the Cronulla Sharks Football Club. In our update, we mentioned that it appeared no hearing had...more

3/18/2015 - Australia Damages Due Process Employment Contract Preliminary Hearings Sports Wrongful Termination

Australia: Australia’s media deregulation plans will keep anti-siphoning laws

Australian Minister for Communications Malcolm Turnbull has floated a proposal to scrap many of the media regulations to enable traditional broadcasters to compete with new unregulated entries into the market, such as...more

3/18/2015 - Australia Broadcasting Cable Television Providers Deregulation Public Broadcasting Right of FIrst Refusal Sports Telecommunications

Australia: Sauber Motorsports’ failed legal challenge sees driver Giedo van der Garde racing in Formula 1

On Monday 9 March 2015, F1 team Sauber launched a legal challenge in the Victorian Supreme Court to a previous decision by a Swiss arbitration court. The previous decision ruled that Sauber must uphold its contractual...more

3/13/2015 - Appeals Arbitration Australia Car Racing Compliance Drivers International Litigation Safety Violations

Australia: ACMA’s Broad Powers to Hold Media Accountable Confirmed by High Court

The High Court last week confirmed that the Australian Communications and Media Authority (ACMA) has the power to make administrative findings that a person has committed a criminal offence, for the purpose of determining...more

3/12/2015 - ACMA Australia Broadcasting Criminal Prosecution License Agreements Media

Sports, Media and Entertainment Intelligence - February 2015 (Global)

Australia: Courts not siding with cricket “pitchside” gambler - A British man banned from attending Cricket Australia matches for pitchsiding has indicated his intention to challenge the legality of the ban. ...more

2/3/2015 - Africa Broadcasting Copyright EU European Court of Justice (ECJ) Fine Art Italy Ryanair Scotland Sports Sports Betting Sports Gambling TripAdvisor Video Games

AUSTRALIA: ASIC rules risk management facilities to be used by sporting organisations are financial products

On 28 January 2015, the Australian Securities and Investment Commission (ASIC) rejected a relief application by the issuer of ’risk management facilities’ used by sporting clubs and retailers. The application for Australian...more

1/29/2015 - ASIC Australia Retailers Risk Management Sports

AUSTRALIA: Courts not siding with ‘Pitchsider’

A British man banned from attending Cricket Australia (CA) matches for allegedly ‘pitchsiding’ at three ‘Big Bash League’ matches held in late December 2014 has indicated that he intends to challenge the legality of the ban....more

1/29/2015 - Australia Sports Sports Betting

Australia: New Private Members Bill targeting poker machines tabled in Parliament

The Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014 was introduced to Parliament on 24 November 2014 by Independent Member for Denison Andrew Wilkie. The Bill would provide a strict new...more

12/3/2014 - Australia Gambling Regulatory Standards

AUSTRALIA: Hitting Corruption for Six

The cricket world is in a fierce battle against the increasing use of technology in illegal bookmaking. In order to protect their interests ahead of the World Cup starting in February 2015, the International Cricket Council...more

11/12/2014 - Anti-Corruption Australia Corruption

Sports, Media and Entertainment Intelligence - November 2014 (Global)

China: Guidelines for developing sports into a RMB 5 trillion-per-annum sector released - China's Cabinet, the State Council, has issued new guidelines which, amongst other things, aims to grow output of China’s...more

11/11/2014 - Broadcasting China EU FIFA Gambling Gaming Online Gaming Sports Gambling

New Franchising Code of Conduct From 1 January 2015

The biggest overhaul of the Franchising Code of Conduct (Code) since its introduction is reaching completion following registration of the Code on the Federal Register of Legislative Instruments on 3 November 2014. The new...more

11/6/2014 - Australia Code of Conduct Franchises

Sports, Media and Entertainment Intelligence - October 2014 (Global)

BROADCASTING - France: French legislation on evening advertising on public channels: should we expect another shift in policy? - The main French public service broadcaster, France Télévisions, is calling for lift of...more

10/3/2014 - Broadcasting Data Protection Entertainment Industry EU FIFA Gambling Gaming Internet Sports Television Broadcast Stations

Essendon v ASADA: Joint doping investigation legal, says Federal Court of Australia

On 19 September 2014, Australia’s Federal Court dismissed the Essendon Football Club’s (Essendon) litigation against the Australian Sports Anti-Doping Authority (ASADA). Justice Middleton determined that the “joint...more

10/2/2014 - Australia Doping Football Sports

Pecuniary Penalties Introduced For Breaches Of The Franchising Code Of Conduct

Introduction Of Civil Pecuniary Penalties - The Government has now passed legislation which will allow pecuniary penalties and infringement notices as remedies for breaches of the Franchising Code of Conduct...more


Australia: Policy tensions crystallise in NSW Impact of Gambling report and former premier’s comments

On 14 August 2014, the New South Wales Legislative Council’s Select Committee on the Impact of Gambling presented its report to the New South Wales Government (available here). The report is the product of an extensive public...more

9/3/2014 - Australia Gambling Gaming Legislative Agendas Online Gaming

Australia: Money for nothing and bets for free – ACCC files legal proceedings against Bet365

The Australian Competition and Consumer Commission (ACCC) has filed proceedings in the Federal Court alleging that the advertising campaign conducted by companies within the Bet365 Group (Bet365) which offered ‘free bets’ and...more

8/21/2014 - ACCC Australia

Breach of the Australian Franchising Code to result in fines

As foreshadowed by the Coalition Government earlier this year (see our previous update), penalties for breach of the Franchising Code of Conduct (Franchising Code) are to be introduced....more

7/18/2014 - Australia Franchises

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

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...more

7/12/2014 - Allocation Statistics Australia Confidential Information Copyright Infringement Damages Injunctions Interlocutory Injunctions Sports

Australia: Cautionary tales of commercial dealings and sovereign risk

Last Thursday, the Victorian Supreme Court delivered judgment in Tabcorp Holdings Limited v The State of Victoria [2014] VSC 301 and Tatts Group Limited v The State of Victoria [2014] VSC 302. As we have previously...more

7/11/2014 - Australia Gaming License Agreements

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