Broadcasting

News & Analysis as of

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

Main giveaways from our “Second Screen” webinar

No doubt, Second Screen, Social TV and other enhanced broadcasting applications are increasingly popular. Here are some giveaways from our “Second Screen” webinar. - Trends. As stated by Accenture’s Francesco...more

New regulation on investment obligations for on demand services

Further to a public consultation, as discussed in our previous post, the Italian Communications Authority (Autorità per le garanzie nelle comunicazioni, “Agcom”) published a new resolution modifying the investments...more

Status Updates - October 2014 #11

..Clearing the air. Aereo, the startup broadcasting service that lost big in the U.S. Supreme Court last June, just lost another, and possibly its last, court battle. A U.S. district judge in the Southern District of New...more

Another Step in the Long March from Campbell v. Acuff-Rose toward Fair Use Free-for-All?

TVEyes is a media-monitoring subscription service that “records the entire content of television and radio broadcasts and creates a searchable database of that content.” This service allows subscribers to search keywords or...more

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

FCC Repeals Sports Blackout Rules

As expected, the FCC today voted 5-0 to repeal the sports blackout rules that require cable systems and satellite operators to black out local sporting events broadcast on distant television stations when the event is not...more

Fox News Network, LLC v. TVEyes, Inc. - USDC, S.D.N.Y, September 9, 2014

District court finds that TVEyes’ media-monitoring service that continuously records vast amounts of television and radio content and allows subscribers to search transcripts and video clips of that content constitutes fair...more

FRANCE: French Legislation on Evening Advertising on Public Channels: Should We Expect Another Shift in Policy?

It has been five years since the French government decided to ban advertising at night for public-service television channels. Indeed Article 28 of law No. 2009-258, dated March 5, 2009, prohibited the broadcasting of...more

(Yet another) LCN decision!

This week the Consiglio di Stato (Administrative Supreme Court) issued a new decision (Decision no. 4541/2014) on the LCN saga (the logical channel numbering for Digital Terrestrial Broadcasting)....more

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