In a global age of technology, we are using more online platforms to assist with many aspects of our everyday lives, whether for ordering our weekly grocery shop online, or taking advantage of social media to interact and share our lives with other online users. We are, as a result, placing a greater reliance on […]
Media know how
The Audiovisual Media Services Directive – a “potential loophole” exposed by a recent decision of the European Court of Justice (Peugeot Deutschland GmbH v Deutsche Umwelthilfe sV Case C-132/17)
In the recent case of Peugeot Deutschland GmbH v Deutsche Umwelthilfe, the European Court of Justice gave a preliminary ruling concerning the interpretation and scope of the Audiovisual Media Services Directive (2010/13/EU) (“the Directive”). This decision exposes a potentially significant loophole in the Directive, namely the exclusion of self-promotional channels on You-Tube: they are neither […]
An area of some confusion among clients, now bracing themselves for the arrival of the GDPR, is on what basis they can continue to market themselves to customers: is fresh consent required, or what are the alternatives? With the 25th of May fast approaching, this short article explains that the new restrictive form of consent […]
Whilst there is a large amount of uncertainty surrounding Brexit, it is possible to look at some of the more obvious implications of Brexit for the Audiovisual (“AV”) sector. We also look at current EU developments which are to be implemented in the near future and which we may therefore by missing out on. What […]
Whatever one thinks of Rupert Murdoch, his ambitions to acquire the shares of Sky that he does not already own can only ultimately be constrained by robust theories and facts that persuade an independent regulator that it is more likely than not that the public interest will be harmed (the legal test for control of […]
Dispute resolution in a future EU / UK trade “deal”: what are the likely costs of avoiding indefinite European Court of Justice jurisdiction?
In most commercial negotiations, discussions about dispute resolution procedures are usually left until last. The parties don’t like to poison negotiations by talking about how they resolve disputes before they even reach agreement. But the future resolution of disputes in any eventual EU/UK agreement has exercised both sides already in the embryonic negotiations. This is […]
Given the recent high profile cases involving Uber, CitySprint and the like, the true employment status of purportedly “self-employed” individuals has come under the spotlight. So what is genuine self-employment and what is a worker or an employee? And why does it matter? What are the categories of employment status? There are three categories of […]
After the Premier League file closure: is this the new ‘industrial policy’ in action or time to strip Ofcom of its competition enforcement powers?
This week’s announcement that Ofcom is closing its investigation into Virgin Media’s complaint that the Premier League is restricting the supply of live TV rights to its matches, in return for the Premier League increasing their number from 168 to 190 and agreeing that no single buyer will scoop the pool next time the rights […]
Why Britain’s current semi-detachment from EU Competition principles could become complete post Brexit
Much of the speculative commentary on Brexit and its implications for competition law has adopted “a business as usual” analysis. It is said that we are bound to follow EU law while we are members and that it is likely that competition law based on the EU/EEA model will kick in once we leave – […]
The much anticipated BBC White Paper, published this month, heralds fundamental changes. On the basis that almost £5 billion of our annual revenue (including £3.7 billion from the licence fee) goes into funding the BBC’s activities, transparency over its decision-making is clearly vital. On the other hand, over-interference may damage the BBC’s commercial competitiveness and […]
This is an extract of an interview given by Paul Herbert, Partner at Goodman Derrick to Giverny Tattersfield for a Lexis Nexis publication. What are the rules around political broadcasting? There is a long-standing ban on advertisements of a political nature on television or radio in the UK on the grounds that allowing political advertising in […]
In May 2015, the EU Commission announced its Digital Single Market Strategy for Europe, highlighting a number of initiatives which supported the Commission’s aim to create a connected digital single market and to encourage e-commerce throughout the EU. The EU Commission also announced that it was to investigate the restrictions that prevent the cross border […]
Sports Governing Bodies face EU intervention: could their members actually leave the Hotel California as a result?
The effect of having only one governing body for a sport is to make member clubs and individual athletes like the guests in the fabled Hotel California; they can check out any time they like but they can never leave because there is nowhere else to go to. Last week’s announcement that the European Commission […]
1. What are the terms of the agreement between the International Olympic Committee (IOC) and Discovery? From what we can glean from the IOC’s announcement on June 29 2015, the IOC has entered into an agreement with Discovery Communications, a US based global media company and the parent company of Eurosport. The €1.3bn deal grants […]
The government’s aim in introducing the Act is to enable small businesses to innovate, grow and compete. The hope is also that internationally it will endorse the UK as a trusted and fair place to do business. The Act received Royal Assent on 26 March 2015 and is set to have a significant impact on […]
Collective agreements between unions and employers setting minimum rates of pay which are intended to improve working conditions of employees generally fall outside the scope of competition law. So trades unions can agree minimum fees for their members without fear of fines for breaches of the prohibition on cartels. But what about collective agreements entered […]
Whether it be huge transfer fees, large broadcasting deals or the financial fair play rules, football and finance is rarely out of the news. The latest issue to rear its head is third party ownership of football players. Whilst the issue in the UK dates back to the well known Tevez-Mascherano saga in 2007, FIFA’s […]
Last month, the Court of Appeal handed down judgment in Vidal-Hall and Others v Google. The appeal was only on preliminary issues and it looks like there will be a subsequent appeal before the substantive matter reaches trial. However, this decision is likely to have a far-reaching impact on UK data protection and privacy law. […]
This article was first published on Lexis®PSL IP & IT on 28 January 2015. Could private bidders buy a chunk of the BBC and stop BBC Three from becoming an internet-only channel? Paul Herbert, head of media, technology and communications at Goodman Derrick LLP, considers the challenges the bidders are likely to face. Background In […]
***** Stop Press: Katee Dias was recognised as a “Star Legal Writer” by the The Lawyer for this article. ***** Katee Dias Employment Lawyer Goodman Derrick Top Five HR Resolutions As January is often seen as the time for instigating change, we thought it would be helpful to consider some possible New Year resolutions for those of […]
Stephen Hornsby’s article originally appeared in World Sports Law Report Volume 12, Issue 12, December 2014. To access the original, please visit: http://e-comlaw.com/world-sports-law-report/article_template.asp?ID=1729 Virgin Media’s Complaint to Ofcom As noticed briefly in last months issue, Virgin Media has complained to Ofcom that the English Premier League (“EPL”) practice of restricting the number of games available […]
The Intellectual Property Act 2014 (IPA 2014) came into force on 1 October 2014. It aims to modernise copyright law and help designers and patent-holders protect their IP. It is hoped that the changes will support business innovation and bring clarity to the scope of protection afforded by design rights. Many of the changes will […]
US broadcasters have won an important battle in their efforts to prevent an unlicensed service from providing online real-time streaming of their broadcasts. The Facts On 25 June 2014, the US Supreme Court delivered a pivotal judgment in American Broadcasting Companies v Aereo, tackling the question as to whether or not Aereo, a technology company […]
A New Competition And Markets Authority: But No New Dawn For Public Competition Law Enforcement In The UK
With a certain amount of trumpeting, the new Competition and Markets Authority (“CMA”) came into existence on 1 April – thus merging the OFT and the Competition Commission. The CMA has the largest annual budget (£52m) of any competition law enforcement agency in Europe – so much will be expected of it. Unfortunately, any reform […]
Svensson and others v Retriever Sverige AB Overview Linking is the practice of posting clickable links on the internet which lead to content posted elsewhere. Under s20 of the Copyright, Designs and Patents Act 1988 (“CDPA”), it is prohibited to communicate to the public by electronic transmission the whole or a substantial part of a […]
It is common for parties to commercial agreements to agree mechanisms for resolving breaches of their agreement without having to resort to legal proceedings. Typically this is done by incorporating provisions, such as forfeiture or compulsory buy-back clauses, into a contract which are activated upon one party’s breach of its terms. In such a situation, […]
Since 2012, the Government has been conducting an audit of EU powers (or “competences” to use the jargon) with a view to seeking whether their repatriation to the UK in appropriate cases. In a recent consultation, it has got round to asking interested parties on about the current division of regulatory responsibilities between Brussels and […]
As with 2013, there will be no rest for employment law advisers, employers and HR practitioners in 2014, with further legislative change on the agenda. Many of the changes hail from the government’s Red Tape Challenge following its publication of the report “Progress on Reform” on 14 March 2013, which detailed the intended timetable for […]
In 2011, the Internet Corporation for Assigned Names and Numbers (ICANN, the professional body for domain name registration) launched the new generic top level domain (gTLD) programme to permit the introduction of new top level domains on the internet. The move, which has attracted much publicity, will allow web addresses to end in a whole range of new domains (such as .app, .sport, .accountant) beyond the likes of .com, .co.uk and .net.
The Intellectual Property Office has published its analysis of responses to the draft amendments to the Copyright, Designs and Patents Act 1988 extending copyright protection for performers and in sound recordings.
The Enterprise and Regulatory Reform Bill currently going through Parliament will merge the OFT with the Competition Commission creating the Competition and Markets Authority (“CMA”) and in so doing will broadly align the UK enforcement of competition law with systems in continental Europe such as DG Comp and the German cartel office. In the little noticed clause 45, the new CMA will have the power to insist that Ofcom hands over responsibility of a given competition matter to it.
On 17 March, the three main political parties struck an eleventh hour deal on a new regulatory regime for the press. The agreement, made in the wake of the Leveson Report, will establish a regulator with new powers. We outline exactly what has been agreed and how this will affect news publishers. Then we consider one of the more controversial aspects of the deal concerning exemplary damages, and the likelihood of success of a press challenge based on Human Rights legislation.
There are a number of company law proposals expected to be implemented in 2013. These include reforms relating to executive remuneration and the introduction of the new employee-owner status
The Government has a wide variety of new legislation currently going through Parliament, which it intends to bring into force next year. This should make for a very interesting and challenging 2013 in the employment and discrimination arena
Court of Appeal overturns High Court Decision on Unfair Prejudice
Many staff will want time off over Christmas, and it’s not always possible to accommodate every request. So its important to ensure you have a sensible system for deciding who get to take holiday.
Read here for a summary of the rules regarding rest breaks that should be given to workers.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”) received royal assent on 1 May 2012. The primary purpose of the bill was to reform the civil litigation costs and funding framework, but a number of other changes were also included which may have wide reaching consequences for businesses in England & Wales and their directors and senior officers.
Jonathan Haydn-Williams considers three significant court decisions concerning infringement of copyright in factual or historical literary works. In the first, the European Court introduced a new test for infringement, which the second and third have blended into English law. As a result, reproducing even small extracts of news articles may amount to infringement and a headline may in itself attract copyright protection. The third case concerns the story of “Flipper”, a disabled supporter of Darlington Football Club.
The summer’s exciting sporting action has not entirely obscured important developments off the field in the Pay TV market. Ofcom has been trying for a long time to loosen Sky’s grip on Premier League rights and BT Vision has bought a package of rights at considerable expense. However Ofcom has lost a significant battle before the Competition Appeal Tribunal . And it looks as if the pub landlady’s much trumpeted “victory” will be snatched from her as the Premier League curtails the number of foreign broadcasts. Stephen Hornsby asks whether it is now time for the regulatory authorities to move on.