ISEL Meeting, 10 October 2012: Recent Developments in EU External Relations Law and the Competition between the Council of Europe and the European Union in the Regulation of Broadcasting

This week’s ISEL Meeting (Institute for the Study of European Laws) was dedicated to the most recent developments in the European Union’s external relations and saw presentations on both the general aspects of this field of law (including the interinstitutional strife between the Union’s organs about questions of competence) and a very particular legal issue … Continue reading

‘Communication to the Public’ in FAPL v QC Leisure and Murphy v Media Protection Services (C-403/08 and C-429/08)

Post by Enrico Bonadio On 4 October 2011 the Court of Justice of the European Union released its decision in FAPL v QC Leisure and Murphy v Media Protection Services (Joined Cases C-403/08 and C-429/08). Amongst the many aspects dealt with, the Court gave its interpretation of ‘communication to the public’ under Article 3(1) of … Continue reading

Joint Authorship of Films in the Absence of Express Terms (Slater V Wimmer [2012] Ewpcc, Judge Birss Qc, 16 February 2012)

The Patents County Court in Slater v Wimmer decided a case regarding a dispute as to ownership of copyright in a film. The Court reaffirmed that under Section 10(1A) of the Copyright Designs and Patents Act 1988 the producer and principal director are considered joint authors of the copyright in a film if they are … Continue reading

Freedom of Expression and Mass Media Technologies

Post by Professor Lorna Woods Two months into 2012 and it seems that last year’s Arab Spring has given the impetus to some international bodies to look at mechanisms to facilitate the free flow of information through mass communications media. The Internet is the example that leaps readily to mind and indeed, the EU Commission … Continue reading

Sky: a ‘fit and proper person’ to hold a broadcasting licence?

Post by Prof. Lorna Woods The Leveson Enquiry is focussing, understandably enough, on the regulation on the press, but there are more general issues which at some point will need to be addressed.  One of these is the question of whether Sky, as part of the Murdoch media empire, is a ‘fit and proper person’ … Continue reading

‘Communication to the Public’ in FAPL v. QC Leisure and Murphy v. Media Protection Services: The Advocate General’s Opinion

On 3rd February 2011 Advocate General, Professor Juliane Kokott, gave her much awaited opinion in FAPL v. QC Leisure YouTube and Karen Murphy v. Media Protection Services Ltd (Joined Cases C-403/08 and C-429/08). She gave her interpretation of ‘communication to the public’ under Article 3(1) of the Info Society Directive and concluded that the showing … Continue reading

Appeal in Flood v Times Newspaper

The Supreme Court has given permission for the Times Newspaper’s appeal against the judgment of the Court of Appeal ([2010] EWCA Civ 804), subject to the Times agreeing to pay Mr Flood’s costs in any event. The Times has apparently supplied copies of the relevant documents, including its submissions in the case about the requirement … Continue reading

Madrid court confirms YouTube’s host status

On 20 September 2010 the Court of Madrid gave its decision in Telecinco v YouTube, affirming that the famous video sharing platform (i) is a hosting provider and (ii) is exempted from liability for the copyright infringement committed by its users. For the full article written by Enrico Bonadio and Davide Mula see here.

BSkyB: proposed merger

News Corp has offered 675p per share in respect of those BSkyB shares it does not own. Currently News Corp – a newspaper publisher which owns The Times, The Sunday Times, the Sun and the News Of The World newspapers -also owns 39.1% of the satellite broadcasting company, BSkyB, and the offer would effectively mean … Continue reading

France, Al Aqsa TV, hate speech and the EU

A Commission press release notes that the Commission has decided to end an infringement action it had started against France in respect of the infringement of the Audiovisual Media Services Directive (AVMSD) (formerly the Television without Frontiers Directive). Interestingly, this action had concerned not the transposition of the AVMSD, but the failure of the French … Continue reading