Broadcasting

News & Analysis as of

Focus on Regulatory Law - March 2015

REGULATORY AUTHORITIES - FRENCH COMPETITION AUTHORITY – TDF fined for anti-competitive practices: In a 2009 opinion issued at the request of the French regulator for electronic and postal communications (ARCEP)...more

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

The CJEU tells us “More” on live broadcasting

An interesting ruling on live streaming of sports events has been issued by the Court of Justice of the EU (CJEU) in the C More Entertainment AB v Linus Sandberg case on 26 March 2015 (C-279/13). ...more

ITV & Others v TVCatchUp: In the latest instalment in this long running dispute, the UK courts have again referred this case to...

TVC operates an internet-based live stream service, carrying a number of broadcasters’ channels. ITV, Channel 4 and Channel 5 issued proceedings against TVC in relation to the unauthorised transmission of both their public...more

FCC Proposes Maximum $325,000 Forfeiture for Broadcast Indecency

In 2005, Congress passed the Broadcast Decency Enforcement Act of 2005, increasing potential maximum forfeitures against broadcast stations from $25,000 for each day of a violation subject to a $250,000 maximum per violation...more

Alert: Cybersecurity Risk Management for Communications Companies

An industry-led committee advising the Federal Communications Commission ("FCC") on cybersecurity released its final report on best risk management practices tailored to each of five main industry segments—broadcasting,...more

China – Football Reform Directive

On March 16, 2015, the Chinese State Council (“CSC“) issued a ten-year 50-measure football reform directive to boost the development of football in China, which includes streamlining the Chinese football management system and...more

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

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

Will Net Neutrality Kill the Internet 3.0?

As expected, the FCC passed the net neutrality rules today.  Other than spokesmen for the large telecoms (and perhaps some politicians who listen to that lobby), you don’t hear much reasoned opposition to net neutrality....more

Intellectual Property 2014 Year in Review

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful...more

STELAR Implementation

On Feb. 18, 2015, the Federal Communications Commission (FCC) issued an Order amending its rules to implement certain provisions of the STELA Reauthorization Act of 2014 (STELAR). The FCC concluded that these...more

Communications and Technology 2015 Forecast

Regulators and legislators focused on the communications and technology sectors have fertile ground for issues consideration in 2015. In this forecast, the Akin Gump Strauss Hauer & Feld LLP team shares its views on issues to...more

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

Australia: What is and is not a “royalty” for withholding tax purposes? Latest key court decision

By Jock McCormack, James Newnham, Matthew Cridland and Eddie Ahn Introduction The taxpayer, Seven Network Limited, has won a recent decision (22 December 2014) in the Australian Federal Court, Seven Network Limited v Federal...more

HUB FOCUS: Recent TV trends in Sweden

Our global Media, Sport & Entertainment Hub provides insights into various legal and commercial issues impacting on this space. In this, our first “HUB FOCUS”, we provide an extract, focussing on recent trends in the...more

Important royalty withholding tax decision

The taxpayer, Seven Network Limited, has won a recent decision (22 December 2014) in the Australian Federal Court, Seven Network Limited v Federal Commissioner of Taxation (2014) FCA1411, which is significant to all...more

USA: Do Athletes Have Rights of Publicity in Live Broadcast Footage? Minnesota Court Offers Guidance

U.S. courts have recognized that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Indeed, courts have adopted varying approaches to analyzing right of...more

Alert: FCC Seeks Comment on Complex Broadcast Incentive Auction Procedures

In a Public Notice approved in a 3–2 partisan vote, the Federal Communications Commission is asking for comment on the procedures that will govern the Broadcast Incentive Auction, currently scheduled for early 2016. The...more

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

BRAND REPUTATION - Global: How to protect brand reputation and sales from the risks associated with a product recall - The power of regulatory authorities to order product recalls is growing, meaning that it is more...more

Can broadcast organisations forbid newspapers to publish full data on a weekly basis?

The decision in Football Dataco by the European Court of Justice ended the possibility by broadcasters of appealing to the so called Dutch Geschriftenbescherming (kleine Munze). In the commented case, the Amsterdam Court...more

FRANCE: Broadcasting rights relating Top 14 rugby games are premium rights that must be allocated to Pay TV channels according to...

On January 14, 2014, the Ligue Nationale de Rugby (the French Rugby League or “LNR”) and French premium cable television channel Canal+ entered into an agreement whereby the latter was granted exclusive rights to broadcast...more

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

VAT Tips And Traps On Cross Border Supplies – Managing The Risks

The new B2C place of supply rules coupled with the new extended Mini One Stop Shop for telecoms, broadcasting and electronic services are soon to launch (1 January 2015). There are already appearing some gaps in the rules and...more

Aereo Loses Bid to Resume Operations

The U.S. Supreme Court ruled in June that Aereo, Inc., an online streaming service, was violating copyrights by retransmitting television broadcasts without the networks’ permission. The Court’s decision was based upon its...more

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