EU legal framework

 

IRIS Plus 2010-6: Switchover to the Digital Dividend

Authors: David Korteweg & Tarlach McGonagle, Institute for Information Law (IViR), Faculty of Law, University of Amsterdam

Published: 01/12/2010

Like Siamese twins, the switchover to digital television is inseparable from the spectrum liberated as a result of the process. The twin of the switchover is called digital dividend. If we look closer at these twins, we realize that they are non-identical, as far as at least one important point is concerned. Whereas lots of facts and figures are being collected to document how countries are moving from analogue to digital television, much less information seems available on how they might wish to, or are obliged to, use the resulting digital dividend. Admittedly, when it comes to describing developments concerning the digitization of television the usable data are significantly more concrete than they are regarding policies for the digital dividend. And it is these policies that are decisive for determining the use of the freed up spectrum. Tracking policies becomes easier, however, if we take stock of existing legal frameworks within which these policies are being developed. This IRIS plus deals, in its Lead Article, with the rules and regulations currently determining the possible uses of the digital dividend, while its Related Reporting and its Zoom section provide legal and market information relevant to the implementation of digital television.  More


IRIS Plus 2010-4: Public Service Media: Money for Content

Authors: Christian M. Bron, Institute of European Media Law (EMR), Saarbrücken/Brussels

Published: 01/06/2010

There have been many public statements on the funding of public service broadcasting and the expectations associated with it. As far as the European Union is concerned, mention might be made of the Communication from the Commission of 27 October 2009 on the application of state aid rules to public service broadcasting (OJ C 257, pp. 1–14) or in the case of the Council of Europe, the Committee of Ministers’ reply of 21 April 2010 welcoming the Parliamentary Assembly’s Recommendation 1878 (2009) on the funding of public service broadcasting.  More


IRIS Plus 2010-3: Product Placement

Authors: Christina Angelopoulos, Institute for Information Law (IViR), University of Amsterdam

Published: 01/05/2010

There are areas of law that are so complex that legislators evidently find it hard to get to grips with them, and one of these areas is presumably product placement. The starting-point for the harmonisation of national solutions, which was the aim of the Audiovisual Media Services Directive (AVMSD), was itself a complicated matter. Despite the legal framework laid down by the “Television without Frontiers” Directive, there was a (presumably correct) impression that product placement was neither really prohibited nor really permitted under EU law. The result was that it was allowed in Austria but banned in Germany but could at any rate be seen on EU TV screens in some American films.  More


IRIS Plus 2009-6: The "Telecoms Review": New Impetus for Audiovisual Media?

Authors: Sebastian Schweda, Institute of European Media Law (EMR) Saarbrücken/Brussels

Published: 01/11/2009

This IRIS plus examines the review of the European telecommunications regulatory framework. The lead article is as multilayered as the theme itself. Market regulation, spectrum policy, new distribution methods, interoperability, network neutrality, investment protection, "must-carry" obligations, access to information, fundamental rights, universal services and data protection are just a few key phrases linked to the various aspects of communications regulation.  More


IRIS Plus 2009-5: SatCab Revisited: The Past, Present and Future of the Satellite and Cable Directive

Authors: Prof. P. Bernt Hugenholtz, Institute for Information Law (IViR), University of Amsterdam

Published: 01/08/2009

In this article, Bernt Hugenholtz explores not only the history, goals and application of the Satellite and Cable Directive but also the question of how its future might look like.  More


IRIS Plus 2009-4: The Public Service Remit and the New Media

Authors: Meike Ridinger, LL.M. (Eur.), Institute for European Media Law (EMR), Saarbrücken/Brussels

Published: 01/06/2009

This IRIS plus discusses the involvement of public service broadcasting in the new media. The author examines to what extent and under what conditions the public service remit covers such an involvement and where the limits to legitimate state funding currently lie. She therefore goes in some detail into EC law and mentions numerous examples of national provisions in various countries.  More


IRIS Plus 2009-3: An Introduction to Music Rights for Film and Television Production

Authors: Francisco Javier Cabrera Blázquez, European Audiovisual Observatory

Published: 01/05/2009

More often than one might expect, basic issues concerning music rights are unknown territory for producers of music works, film composers and musicians. Reading this IRIS plus is a first step towards understanding the complex legal matter.  More


IRIS Plus 2008-6: Progress in the Must-offer Debate? Exclusivity in Media and Communication

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

Published: 01/10/2008

This IRIS plus looks at the various dimensions of exclusivity in media and communication. This IRIS plus considers the current debate on whether the obligation to transmit (must-carry) certain content should be replaced or at least supplemented by an obligation to offer such content (must-offer). The first legislative steps have already been taken in this direction. The article examines this question particularly with regard to the assessment under competition law of such a paradigm change, but also in view of the tension between competition law and copyright law.  More


IRIS Special 2008 - Editorial Responsibility

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

Published: 01/08/2008

Almost exactly twenty years after the adoption of the “Television without Frontiers” Directive, namely on 19 December 2009, the deadline for transposing the Audiovisual Media Service Directive (AVMSD) will expire. In other words, the national rules that so far served to facilitate cross-border television must be adapted or replaced in order to reflect, among others, the widened scope of application of the Community law framework to non-linear services.  More


IRIS Plus 2008-2: Media Windows in Flux Challenges for Audiovisual Media Chronology

Authors: Martin Kuhr, Institute of European Media Law (EMR), Saarbrücken/Brussels

Published: 01/04/2008

This IRIS plus does not deal with economic considerations, but with the legal framework on which an economic strategy, however it is chosen, must be built. The author begins by explaining how rules on media chronology have developed. On this basis, it is easy to see who defines the media windows according to which rules and why there are different models. The author also points out that media windows can have competition law implications that extend beyond the question, "Who gets which window?"  More


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