Empowering users: rating systems, protection tools and media literacy across Europe

Published: 12/02/2015

Workshop organised by the European Audiovisual Observatory and the European Platform of Regulatory Authorities European Youth Centre, Strasbourg - 15 December 2014  More

Copyright, technology and the exploitation of audiovisual works in the EU

Authors: Lucie Guibault and João Pedro Quintais, Institute for Information Law (IViR), University of Amsterdam

Published: 04/02/2015

The Lead Article of this edition of IRIS plus explores the criteria that have been developed over the years by the Court of Justice of the European Union (CJEU) to assess whether there has been a “communication to the public” under the terms of the InfoSoc Directive. These criteria are used to determine the identity of the “user”, the definition of “the public”, the profit-making nature of communication to the public and the concept of “new public”.  More

Barrier-free access to audiovisual content - A fundamental human right

Authors: Cristina Bachmeier, Institute for European Media Law (EMR), Saarbrücken/Brussels

Published: 02/12/2014

The Lead Article of this IRIS plus offers an in-depth and entertaining exploration of the different approaches that have been followed at various levels (international or European, national or local) by different means (regulatory or voluntary). The result is a collage of best practices and good examples, but it nonetheless shows that merely adopting the toolkit set up for linear media is insufficient to ensure a truly barrierfree Internet. It can be downloaded free of charge:  More

Court Reporting by Audiovisual and Online Media in the Russian Federation

Authors: Andrei Richter, Faculty of Journalism, Lomonosov Moscow State University

Published: 01/09/2014

This lead article will review the relevant legal instruments as well as recent case law to discuss modern doctrines and policy in Russia. Focusing on audiovisual and online media it will address issues of balance between access to information and the right to privacy, possible limitations to freedom of information and media freedom, prejudgment by the media, etc.  More

The New Cinema Communication: All’s Well that Ends Well?

Authors: Francisco Javier Cabrera Blázquez & Amélie Lépinard, European Audiovisual Observatory

Published: 01/09/2014

This article tells the story of how the new Cinema Communication came to life. The first part provides a short description of the general EU rules concerning culture and state aid. The second part offers an overview of the Cinema Communication that the European Commission adopted in 2001, with its subsequent temporary extensions. The third part describes the consultation process that led to the adoption in 2013 of a new Cinema Communication. The fourth part gives an overview of the 2013 Communication and the various reactions to it. The article finishes with a short reflection on the near future.  More

Copyright and the Protection of Personal Data - Intermediaries Caught Between Two Areas of the Law

Authors: Dr Martin Rupp and Mag. Peter Matzneller, Institute for European Media Law (EMR), Saarbrücken/Brussels

Published: 01/05/2014

Data protection law imposes limits on "unlimited information". Copyright infringers – or even potential infringers – are also entitled to assert the rights granted to them by data protection law to continue to determine the use of their personal information, and the legal order is therefore required to regulate this sensitive area. On the one hand, rightsholders need certain information in order to assert their rights effectively; on the other hand, data protection law requires that steps be taken to prevent the proliferation of that information. This article discusses this uneasy relationship.  More

Public Sector Information and Audiovisual Archives

Authors: Catherine Jasserand, Institute for Information Law (IViR), University of Amsterdam

Published: 12/12/2013

This article describes the main lines of the recently amended Directive on the re-use of public sector information. This Directive provides "a minimum set of rules governing the re-use and the practical means of facilitating re-use of existing documents held by public sector bodies of the member states." The Directive does not regulate access to such information, which remains a competence of member states, but focuses on the economic aspects of re-use of information and encourages the member states to make as much information available for re-use as possible.  More

IRIS Themes - Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights

Authors: Susanne Nikoltchev (Ed.), European Audiovisual Observatory

Published: 09/12/2013

This e-book provides valuable insights into the European Court of Human Rights' case-law on freedom of expression and media and journalistic freedoms. It summarises over 200 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court's online case-law database).  More

On-demand Services: Made in the Likeness of TV?

Authors: Francisco Javier Cabrera Blázquez, European Audiovisual Observatory

Published: 01/09/2013

This article analyses whether or not on-demand AVMS really resemble traditional broadcasting and to what extent the two compete with each other. It explains the scope of the AVMS Directive and provides examples of its implementation in the national legislation of some EU member states. Furthermore it discusses cases in which the scope of the AVMS Directive seems unclear and describes relevant decisions taken by national regulatory authorities.  More

Convergent Devices, Platforms and Services for Audiovisual Media - Challenges Set by Connected TV for the EU Legislative Framework

Authors: Alexander Scheuer, Institute of European Media Law (EMR), Saarbrücken/Brussels

Published: 01/06/2013

This article examines the Directive's provisions on commercial communication and on the protection of minors and extrapolates in what way the AVMSD treats linear and non-linear audiovisual media services differently. Furthermore, it explains the extent to which these differences are leveled out by other European rules that back up the Directive and that apply to the broad range of all media and information services. The main focus of the Lead Article is the regulation of commercial communication given that many aspects of youth protection were already dealt with by IRIS plus 2012-6 "Protection of Minors and Audiovisual Content On-demand".  More