Broadcasting

News & Analysis as of

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

Supreme Court Corner - Q3 2014

RECENT DECISIONS - NAUTILUS, INC. V. BIOSIG INSTRUMENTS, INC. Patent: Decided: June 3, 2014: Holding: In a unanimous (9-0) opinion authored by Justice Ruth Bader Ginsburg, the Court held that the Federal...more

Texas Web Publishers Earn Novel Protection Against Stale Lawsuits

In a case of first impression for a state appellate court, a Texas broadcaster was protected against a stale libel suit arising from a news report posted to the Internet. ...more

Supreme Court Decision Threatens Internet Television, But There Is Hope

When Congress last completely overhauled the Copyright Act in 1976, disco topped the charts, Charlie’s Angels was making its television debut, and fax machines were revolutionizing how people communicated. But it was this...more

New rules on transfer of broadcasters/audiovisual/interactive media services providers and network operators!

Further to a consultation process, this August, the Italian Communications Authority (Autorità per le garanzie nelle comunicazioni, “Agcom”), published a new regulation for the transfer of broadcasters’ ownership (Regulation...more

District Court Denies Summary Judgment in Broadcast Rights Class Action

On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these...more

ASA revises its complaints handling procedures

The Advertising Standards Authority ("ASA") has recently published revised procedures for its handling of complaints regarding broadcast and non-broadcast advertisements in the UK. The changes are intended to increase...more

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

BROADCASTING - US: Following loss before the Supreme Court, Aereo “astonishes” broadcasters with new legal strategy - New York-based Aereo asserts in federal district court that it is entitled to a compulsory license...more

FCC Soliciting Comments on Expanding Online Public File Requirements to Cable TV, Satellite and Radio Broadcasters

In 2012, the Federal Communications Commission (FCC) required broadcast television stations to begin uploading all of their public files to an online FCC database. At the time, however, the FCC declined to expand that...more

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