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IRIS Plus 2012-5: Must-carry: Renaissance or Reformation?

Authors: Nico van Eijk and Bart van der Sloot, Institute for Information Law (IViR), University of Amsterdam

Published: 01/09/2012

On 11 July 2012, the Tribunale Amministrativo Regionale per il Lazio, an Italian administrative court in Rome decided on a case involving the Italian public service broadcaster RAI (TAR Lazio Decision n. 6320). It found RAI guilty of having violated its charter by encrypting its free-to-air TV channels, which made it impossible for Sky Italia to carry RAI channels on its platform.  More


IRIS Plus 2012-6: Protection of Minors and Audiovisual Content On-Demand

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

Published: 01/11/2012

On-demand services with audiovisual content are continuing to be more and more popular among users. One of the world's best known platforms is no doubt YouTube, which, according to Matthew Glotzbach, the company's EMEA Managing Director, currently has 800 million users a month who upload 72 hours of fi lm material every minute and watch videos totalling 4 billion hours every month (figures quoted from www.heise.de/newsticker/meldung/Medienwoche-Sender-und-Google-kaempfen-um-die-TV-Hoheit-1697883.html). As can be gathered from the European Commission's First Report on the application of the Audiovisual Media Services Directive (COM(2012) 203 fi nal), there are a wide variety of video-on-demand (VoD) services, such as television broadcasters' catch-up TV offerings, which normally enable viewers to access via their websites (a selection of) audiovisual content for up to seven days after it has been aired. In addition, programmes stored on a continuous basis, or at least for a long period, are available from broadcasters' media libraries. In most cases, these services can be used free of charge because private providers in particular fi nance them through revenues from commercial communications.  More


IRIS Plus 2013-1: The Digital Switchover

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

Published: 01/02/2013

The European Commission's report on the telecommunications market and regulatory development (see also IRIS 2012-9/8) describes, among other things, the current status of the introduction of digital television in the EU member states. According to section 5.3.2 of the report, at the time of publication (18 June 2012) it was already clear that Bulgaria, Poland, Hungary, Romania and Greece were the only EU member states that would not have completed the digitisation process before the deadline of 31 December 2012.  More


IRIS Plus 2013-4: What Is an On-demand Service?

Authors: Francisco Javier Cabrera Blázquez, European Audiovisual Observatory

Published: 01/09/2013

Few songwriters have captured the presentiment of change as Bob Dylan in his song "The Times They Are A-Changin'". Although written in a very particular period of the twentieth Century, its message is universal and therefore can be applied to virtually any moment in time. Indeed, the fight between the Old and the New is a constant in the history of Mankind. In that sense, Dylan's song perfectly fits the Internet age: while old media giants currently struggle with fast-paced technological developments, new online companies started by teenagers in garages and universities are taking the world by storm. The generational gap evoked by Dylan is also evident, with parents feeling that, paraphrasing the song's lyrics, their children's online activities are "beyond their command".  More


IRIS Plus 2014-3: Enabling Access to the Media for All

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

Published: 02/12/2014

When it comes to barriers to accessing information and to culture for people with disabilities, the concept becomes immediately multifaceted. Depending on how content as such is conceived, whether it is a library with stairs before an entrance door or an immaterial file requiring the command of additional technological equipment, the concept of a barrier may take on different meanings and require the use of different tools.  More


IRIS Plus 2014-2: Media in the Courtroom

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

Published: 01/09/2014

The model of separation of powers (legislature, executive and judiciary) in its different declinations forms the basis for the political structure of most democratic states in the world. Not formally one of these powers, the press is nevertheless often called “the Fourth Estate” or “the fourth branch of government”, since it provides information to the people on matters of public concern and thereby acts as a guarantee that these state powers do not abuse their prerogatives.  More


IRIS Plus 2007-5: A Post-Soviet Perspective on Licensing Television and Radio

Authors: Andrei Richter, Moscow Media Law and Policy Center (MMLPC)

Published: 01/08/2007

This IRIS plus gives an overview of the different legal frameworks for licensing broadcasting in countries of the former Soviet Union, which all share the experience of a relatively recent launching of licensing systems.  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


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 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


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