Sports, Media and Entertainment Intelligence - November 2013

by DLA Piper
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DLA Piper - Sports Media and Entertainment Intelligence

BETTING AND GAMING

UK: 12-year ban for snooker match fixing - The World Professional Billiards and Snooker Association has suspended snooker player Stephen Lee for 12 years after he was found guilty of match fixing. Lee was also ordered to pay a contribution toward £40,000 of legal costs. View more

Spain: first steps for coordinating measures against match fixing - The Spanish General Directorate of Gaming Affairs (Dirección General de Ordenación del Juego – DGOJ) recently held a first meeting with the some of the main licensed online sport bookmakers, aiming to establish a specific plan in order to fight against match-fixing practices in Spain. View more

Sweden: The Swedish Gambling Authority takes action against links to foreign-based online gambling operators - The Swedish Gambling Authority has issued injunctions under the penalty of a fine of SEK 45,000 per day against the Swedish newspapers Aftonbladet and Expressen, claiming that the newspapers’ links to foreign-based gambling sites constitutes unlawful promotion of foreign lotteries. View more

Global gambling advertising - As the relationship between regulated gambling and advertising becomes increasingly emotive, members of DLA Piper’s gambling team comment on the ways in which individual jurisdictions are handling the issue (often by way of the imposition of certain restrictions or limitations on advertising). View more

UK: Gambling Commission publishes betting integrity decision-making framework - The Gambling Commission has published its Betting Integrity decision making framework. The framework outlines the Commission’s practices and decision-making procedure when betting integrity issues arise, from when the Commission first receives a piece of information to when a case is closed. View more

BROADCASTING

Italy: TV company liable for host’s defamatory comments - The Italian Supreme Court held that a TV company was liable for defamatory comments made by the host of one of their TV programs because they did not exercise requested monitoring oversight on him. View more

Spanish Supreme Court: clarifying the scope of rights when broadcasting a football match - The Spanish Supreme Court has just declared that broadcasting a football match at a public event without the authorization of the corresponding titleholders does not infringe their intellectual property rights. View more

UK: TV Catchup allowed to continue reduced service – but questions remain - The High Court has ordered streaming service TV Catchup to drop over 20 channels aired by ITV, Channel 4 and Channel 5 and pay 80 per cent of the broadcasters’ costs of the action, following a decision of the Court of Justice of the European Union, discussed in an earlier article on this blog. View more

CONSUMER AND DATA PROTECTION

Germany: Act against Improper Business Practices in force - The Act against Improper Business Practices, passed by the German legislature, came into force on 9 October 2013, although some of its provisions on collections will take effect on 1 November 2014. The Act contains several amendments to different laws and aims to protect consumers against certain business practices, especially with regard to law enforcement. View more

Belgium: Privacy Commission shows its teeth by setting up dedicated infringement task force - The Belgian Privacy Commission’s has announced its intention to make enforcement of privacy infringement its number one priority. View more

INTERNET AND DIGITAL MEDIA

European Court confirms that an Estonian Internet news portal is responsible for defamatory comments posted by readers - In the case of Delfi AS v Estonia, the European Court of Human Rights upheld an Estonian domestic court decision to hold Delfi, one of the largest Estonian Internet news portals, liable for defamatory comments posted by its readers beneath its articles. View more

US: Three’s a crowd: the SEC and the FCA look to regulate crowdfunding - In late October, the United States Securities and Exchange Commission unanimously supported the idea that rules be proposed under the Jumpstart Our Business Startups Act so that start-ups could offer and sell securities through crowdfunding. View more

EU: Commission starts analyzing new ways of taxing the digital economy - The European Commission considers that the current taxation system was conceived in a pre-computing age so that it must be adapted in order for the digital sector to “play fair and pay fair”. View more

UK: OFT publishes results of freemium study - The UK’s consumer watchdog, the Office of Fair Trading, has published the results of its consultation into the business practices of games providers, with a particular focus on the relationship between such products and the children who may access them. View more

MUSIC

UK: Court of Appeal rules that PRS agreement covers future assigned works - The Court of Appeal recently ruled that a clause in a PRS agreement with two composers, which transferred future rights in works which a composer “may acquire or own” would work to give PRS rights over future works, even those which purported to vest in a third party on creation. View more

PUBLISHING

Defamation – latest UK government proposals - On 13 September, the UK government opened its consultation on proposed changes to costs protection in defamation and privacy cases. These proposals reflect the suggestion by Lord Justice Leveson that the qualified one-way costs shifting introduced to personal injury matters earlier this year should extend to privacy and defamation. View more

CLA and NLA partner to streamline copyright licensing for UK educational institutions - NLA media access Ltd. and The Copyright Licensing Agency Ltd. last month announced a partnership that aims to “streamline and simplify copyright licensing for UK schools and higher education”. View more

DLA Piper - The Sports Pages

Sochi Olympic Committee serious about unofficial associated marketing - American lighter company Zippo quickly removed an image from its Facebook page that had suggested one of the company’s lighters saved the Olympic torch relay by reigniting the Olympic flame, extinguished by a gust of wind during the start of the torch’s journey throughout Russia. View more

Tokyo 2020 Olympics update: infrastructure opportunities - In September, Tokyo was chosen as the host city for the 2020 Olympic Games. Tokyo is set to host the Games of the XXXII Olympiad from 25 July – 9 August 2020, and the Paralympic Games from 25 August – 6 September 2020. View more 

Outlawing ambush marketing - With the 2011 Rugby World Cup in New Zealand living up to its billing as the Stadium of Four Million, the Rugby Football Union and the RWC 2015 Organising Committee have a daunting task ahead of them in exceeding expectations for the next installment. View more

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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