Television Broadcast Stations

News & Analysis as of

Copyright Fair Use: 1 Win, 1 Maybe and Two Losses for TVEyes

On August 25, 2015, the Southern District of New York held that the archiving function of a media monitoring service was protected by fair use and that the e-mailing feature could qualify for fair use if certain protective...more

FCC Public Notice Provides Details for Incentive Auction

As noted in our recent advisory on this subject, the FCC adopted procedures for next year’s scheduled incentive auction at its open meeting on Aug. 6. The FCC has now released the details in a 156-page Public Notice,...more

Alert: US Spectrum Auction Presents Investment Opportunity

On March 29, 2016, the Federal Communications Commission ("FCC") will begin its Television Broadcast Incentive Auction. Television broadcasters will first bid in a "reverse" auction to return their spectrum to the government...more

FCC Adopts Incentive Auction Procedures

At its open meeting today, the FCC adopted its much-anticipated Incentive Auction Procedures Public Notice, providing details about the auction officially scheduled to begin March 29, 2016. Although the actual Public Notice...more

FCA Dismisses Appeal of Revocation of Charity Status

In Public Television Association of Quebec v. M.N.R. (2015 FCA 170), the Federal Court of Appeal dismissed the appeal by the Public Television Association of Quebec (“PTAQ”) of the CRA’s decision to revoke PTAQ’s registered...more

Delaware Superior Court Clarifies Breach Of Implied Covenant Claims

This is an interesting decision because of its comments on when the implied duty to act fairly and in good faith may be asserted as a separate claim even when a claim based on the contract between the parties has not been...more

Influential Business Group Requests Legislative Rejection of Proposed Rental Tax Regulation; Legislative Council Hearing Set for...

As previously reported, the Alabama Department of Revenue proposed a regulation imposing a rental tax on digital transmissions, broadly defined as “on demand movies, television programs, streaming video, streaming audio, and...more

Right of Publicity Claims by Athletes Nearly Shut Out in 2015

When we published our Sue-per Bowl post, 2015 looked like it would be a good year for right of publicity claims brought by athletes. On January 6, 2015, the Ninth Circuit in Davis v. Electronic Arts held that the First...more

Is it the end of the line for our current broadcasting regulatory framework?

On 26 March 2015, the Department for Culture, Media and Sport (DCMS) published a consultation paper titled "The balance of payments between television platforms and public service broadcasters – options for deregulation" (the...more

FCC Releases Emergency Information Accessibility Rules for Second-Screen Devices and Grants Compliance Waivers

The Federal Communications Commission (FCC) has released the text of its Second Report and Order (R&O) adopting rules requiring multichannel video programming distributors (MVPDs) to pass through the secondary audio stream...more

Alert: FCC Expands Disability Access Requirements to Tablets, Laptops and Smartphones

Consistent with its recent actions expanding the Federal Communications Commission's ("FCC") oversight of the Internet and of privacy, the FCC has further extended its reach in another area—disability access. Expanding on its...more

Broadcast Client Advisory: Proposed FY 2015 Regulatory Fees

The FCC has announced its proposed regulatory fees for Fiscal Year 2015. Rather remarkably, for the second year in a row radio fees are not to increase, although most television fees are to rise modestly. A list of the...more

DTT LCN Update: The New Decision of the Commissioner

The Commissioner appointed by the Supreme Administrative Court (Consiglio di Stato) finally issued its report regarding the LCN, which appears to be in line with the guidelines given by the same Consiglio di Stato in its...more

$58 Million Antitrust Settlement Approved for Performing Rights Organization Accused of Monopolization

A nationwide class of local television broadcasters recently celebrated when a federal judge approved a settlement agreement in its antitrust lawsuit against one of the three U.S. performance rights organizations (PROs). In...more

DISHing it out with the Fox: How the Second Screen Has Survived Fox’s Copyright Attacks

January’s Central District of California ruling on Fox Broadcasting’s claims against the DISH Network clarifies some of the ambiguity surrounding second screen cross-device programming distribution and copyright infringement....more

HUB FOCUS: Recent TV trends in China

As part of our “HUB FOCUS” series, we provide an extract, focusing on recent trends in the broadcast media industry in China: “Internet has significantly changed the landscape of the TV industry in China. Currently, the...more

10 Tips for Avoiding Unpaid Intern Lawsuits

A television network recently agreed to pay $7.2 million to settle a class action lawsuit filed by former interns claiming violations of the Fair Labor Standards Act (FLSA) and state statutes. This represents one of the...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

Broadcast Station Reminder -- Quarterly Filings and Requirements: Issues/Programs Lists; Children’s Programming; Commercial...

By April 10, 2015, all radio and television broadcast stations, both commercial and noncommercial, must prepare a list of important issues facing their communities of license, and the programs aired during January, February...more

UK Film & Television

Tax relief changes announced for film and television and a new coproduction treaty. The UK Government published the Finance Bill 2015 on 24 March 2015. We set out below the bill’s key impacts on the UK film and...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

Let’s Talk TV – CRTC Roadmap to “Maximize Viewer Choice”

The Canadian Radio-television and Telecommunications Commission (CRTC) has issued its fourth ”Let’s Talk TV” policy decision on the regulation of the Canadian television system.  Today’s decision is  A World of Choice – A...more

Let’s Talk TV – Delayering 50 years of Regulation in “the Age of Abundance”

In an important policy decision issued today, “The way forward – Creating compelling and diverse Canadian programming”, the CRTC announced ”significant changes to bring the CRTC’s regulations and Canadian television forward...more

Appellate Courts Being Drawn Into VPPA Fray

Last week the Third and Eleventh Circuit Courts of Appeals assigned case numbers to the appeals of In re Nickelodeon Privacy Litigation and Locklear v. Dow Jones & Co., Inc., two recently dismissed class actions in which...more

With Highly Anticipated Copyright Decision, The AutoHop Litigation Is Coming to a Close

In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with...more

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