Sports, Media and Entertainment Intelligence - September 2013

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DLA Piper - Sports Media and Entertainment Intelligence

BETTING AND GAMING

Italy: Yes, live poker is a skill game - The Italian Supreme Court held that live poker Texas hold’em tournaments are a skill game and therefore their performance does not trigger an illegal gambling activity, provided they comply with some requirements. View more

Greece: Government sells its stake in OPAP - On 12 August, the Greek government put pen to paper to complete the sale of its 33 percent controlling stake in the gambling monopoly OPAP for €652 million to Emma Delta, an equity fund led by Czech billionaire Jiri Smejc. View more

BROADCASTING

Germany: Free network feed-in for public channels - The German district court in Bremen held on 9 August 2013 that Kabel Deutschland, the biggest cable network company in Germany, is legally obliged to carry public channels, including that of Radio Bremen, via its cable network at no charge to the operators of those channels. The court further found that Kabel Deutschland is not allowed to make use of any encryption with respect to these publicly financed channels. View more

Germany: Kabel Deutschland liable for approximately EUR 46 million in back royalties to collecting society VG Media - Kabel Deutschland, Germany’s biggest cable network provider, lost its case at the Regional Court in Berlin (15 O 546/09) on 13 April 2013 over a royalty dispute against the collecting society VG Media. VG acts as a collecting society for a number of copyright holders and protects many private TV and audio channels in Germany. View more

CONSUMER AND DATA PROTECTION

Ukraine: Substantial changes to personal data protection legislation go into force 1 January 2014 - Ukrainian personal data protection legislation will be substantially altered after 1 January 2014. The changes are envisaged by the Law of Ukraine “On Amendments to Certain Laws of Ukraine regarding Improvement of Personal Data Protection System,” signed by Ukraine’s  President this summer. View more  

UK: Advertising claims - do statements of opinion or objective fact require substantiation?  The ASA decides - In an interesting adjudication on the Campaign for Fairer Gambling, the ASA holds that the level of sophistication of the audience at which an ad is aimed, and therefore the effectiveness of a disclaimer used in that ad, has a direct impact on whether a claim is deemed to be an opinion or objective fact requiring substantiation. View more 

INTERNET AND DIGITAL MEDIA

UK: Government's Culture Media and Sport Committee launches inquiry into online safety - The committee which reports to the UK Parliament  on the activities of the Department for Culture, Media and Sport  is seeking input on aspects of online safety. This inquiry is part of the government's campaign to make the Internet a safer place, particularly for children. View more

Italy: Foreign blogs cannot ignore local courts - Ruling on a foreign blog that posted articles inciting racial hatred, the Italian Supreme Court held that the crime of racist criminal organization and the jurisdiction of Italian courts are applicable if the offending information is viewed by users located in Italy. View more

MUSIC

US: R&B star claims his hit “Blurred Lines” is not substantially similar to classic Marvin Gaye or Funkadelic songs - R&B star Robin Thicke, along with fellow artists Pharrell Williams and Clifford “T.I.” Harris, have filed a suit for declaratory judgment in California against the family of soul great Marvin Gaye and Bridgeport Music Inc. after receiving demand letters alleging copyright infringement and threatening suit. Gaye’s family and Bridgeport Music Inc. allege that Thicke’s summer hit “Blurred Lines” infringes on Gaye’s 1977 “Got to Give It Up” and Funkadelic’s 1974 “Sexy Ways”. View more

DLA Piper - The Sports Pages

Norway: Athletes’ gambling sponsor income under pressure - Norway practices a state-owned monopoly through Norsk Tipping, the national lottery, on all gambling activities, and most proceeds from Norsk Tipping are plowed back into sports and culture. When Norwegian athletes have signed sponsorship deals with non-licensed gambling operators,  local sports federations have threatened to ban the athletes from representing Norway in international tournaments – apparently holding that such sponsorships undermine Norway’s ban on gambling advertising as well as harming Norsk Tipping. View more

Court of Arbitration for Sport upholds UEFA decisions - On 28 August 2013 the Court of Arbitration for Sport (CAS) dismissed the appeals lodged by both Fenerbahce SK and FC Metalist Kharkiv, respectively.  The appeals were filed in response to judgments made by UEFA that both clubs had been involved in match-fixing. View more