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  • 1. Sport and the media: which role does the EU play? Gianluca Monte Willy Calewaert Chair Second Lecture VUB, Brussels, Thursday, 27 January 2011, 6.00-7.30 pm
  • 2. Table of contents
      • Sport and the media – an overview
      • Regulation of the media at EU level
      • Sports IPR?
      • Copyright and neighbouring rights
      • IPR vs freedom of information
      • Territorial or pan-European licensing?
      • Collective selling of rights and EU competition law
      • The EU’s Digital Agenda
  • 3. Sport and the media – an overview
    • Social aspects (stereotypes, representation of violence, etc.)
    • Economic aspects :
      • Main source of income for professional sport in Europe (Deloitte 2010: “Broadcasting rights continue to be the main source of revenue for the ‘big five’ leagues, with €3,712m (47%) of total revenues coming from this source in 2008/09)
      • Sport as decisive source of content for many media operators (see following slides)
  • 4. Germany Top 9 prime broadcasts of all time Source: Wikipedia ZDF 30 June 2002 88.00% 27.09 million Germany vs Brazil 2002 FIFA World Cup 9 19 June 2008 78.70% 27.70 million Portugal vs Germany UEFA Euro 2008 8 ZDF 17 November 1985 27.97 million "Die Schuldfrage" The Black Forest Clinic 7 Das Erste 16 June 2008 76.90% 28.04 million Austria vs Germany UEFA Euro 2008 6 ZDF 30 June 1996 76.30% 28.44 million Germany vs Czech Republic UEFA Euro 1996 5 9 July 1990 28.66 million West Germany vs Argentina 1990 FIFA World Cup 4 ZDF 25 June 2008 81.80% 29.43 million Germany vs Turkey UEFA Euro 2008 3 ZDF 4 July 2006 84.10% 57.66 million Germany vs Italy 2006 FIFA World Cup 2 ARD 7 July 2010 83.20% 31.10 million Germany vs Spain 2010 FIFA World Cup 1
  • 5. United Kingdom Most watched one-off events Source: Wikipedia ITV 30 June 1998 23.78 World Cup 1998 (England v. Argentina) 10 BBC1 21 February 1994 23.95 1994 Winter Olympics (Ice Dance Final) 9 BBC1/ITV 22 November 1963 24.15 JFK Assassination – News Broadcast 8 BBC1 14 November 1973 27.60 Wedding of Princess Anne and Mark Phillips 7 BBC1/ITV 29 July 1981 28.40 Royal Wedding of Charles & Diana 6 BBC1/ITV 29 April 1970 28.49 FA Cup replay : Chelsea vs. Leeds 5 BBC1/ITV 17 April 1970 28.60 Apollo 13 splashdown 4 BBC1/ITV 21 June 1969 and 28 June 1969 30.69 The Royal Family ( documentary ) 3 BBC1/ITV 6 September 1997 32.10 Funeral of Diana, Princess of Wales 2 BBC/ITV 30 July 1966 32.30 1966 FIFA World Cup Final 1
  • 6. Regulation of the media at EU level
    • The EU framework (I)
      • Primary EU law: the Treaty
        • Free provision of services (articles 56 to 62 TFEU)
        • Competition law (articles 101 & 102 TFEU)
        • Other relevant provisions:
          • Judicial cooperation in criminal matters (articles 82 to 86 TFEU)
          • Sport (article 165 TFEU)
          • Culture (article 167 TFEU)
          • Consumer protection (article 169 TFEU)
        • The Charter of Fundamental Rights of the EU
  • 7. Regulation of the media at EU level
    • The EU framework (II)
      • Secondary law: EU Directives
        • Regulation of networks :
        • Telecom package 2009 – implementation by May 2011
          • Consumer rights
          • EU Telecoms Authority
          • NGA networks
  • 8. Regulation of the media at EU level
    • The EU framework (III)
      • Secondary law: EU Directives
        • Regulation of services :
        • E-commerce Directive 2000
          • Country of origin principle
          • Limited liability of ISPs
        • Audiovisual Media Services Directive (AVMS) 2007
          • Country of origin principle
          • Technological neutrality
        • Audiovisual services NOT covered by Services Directive 2006
      • Other topics: data protection, roaming, radio spectrum, .EU, Safer Internet…
  • 9. Is sport part of IPRs?
      • Sport events are not protected by IPR law:
        • Copyright and neighbouring rights
        • Database (ECJ ruling in case ‘BHB vs William Hill’)
        • Ongoing case in the UK (copyright of databases)
      • Applicable framework: trademark law
      • Broadcast of sport events is part of IPR: neighbouring rights of broadcasters
      • Re-assignment of copyright from rights holders to right owners
  • 10. Copyright and neighbouring rights - the EU framework (I)
      • The EU Copyright Directive (2001)
        • Harmonisation of copyright laws across the Member States
        • Exhaustive list of optional exceptions
        • Legal protection of technical measures
      • The Enforcement Directive (2004)
        • Minimum level of civil sanctions
        • Review in 2011
        • Future Directive on criminal sanctions?
  • 11. Copyright and neighbouring rights - the EU framework (II)
      • The Cable and Satellite Directive (1993)
        • Cross border transmission of programmes
        • Country of origin principle
      • The Conditional Access Directive (1998)
        • Main objective: piracy of smart cards
        • Wider scope?
  • 12. IPR vs freedom of information – the AVMS Directive (I)
      • AVMS adopted in 2007 to replace Television Without Frontiers (TWF) Directive
        • Technological neutrality
        • Linear vs non-linear services
        • Country of origin principle
        • Other (promotion and distribution of European works, product placement, regulation of advertising – see also Directive on Tobacco Advertising)
  • 13. IPR vs freedom of information – the AVMS Directive (II)
      • Events of major importance for society (article 14 AVMS)
        • Introduced in 1997 review of TWF
        • Sport events usually concerned (Olympic Games, Football World Cup)
        • Ongoing cases before ECJ (UK, Belgium)
  • 14. Sports where one or more event is listed, by country
  • 15. IPR vs freedom of information – the AVMS Directive (III)
      • Short extracts (article 15 AVMS)
        • Objective: public access to information on events of high interest
        • Access reserved to broadcasters (exception: intermediaries)
        • Extracts to be used for general news programmes
        • On-demand use allowed only if programme offered on deferred basis by the same media service provider
        • 90 seconds limit
        • Possibility of trans-national broadcasting of extracts
        • No prejudice to Copyright Directive provisions and exceptions
        • Alternative measures: access to venues
  • 16. Territorial or pan-European licensing?
      • Copyright licensed on a territorial basis:
        • Recognition of territoriality of copyright in audiovisual services by the ECJ (Coditel I & II rulings)
        • No country of origin principle for copyright in the E-commerce Directive
        • Possibility of granting pan-European licenses established by Cable & Satellite Directive
  • 17. Territorial or pan-European licensing?
      • The QC Leisure case (joined cases C-403/08 and C-429/08)
    • Main questions:
    • Definition of illicit device according to Directive 98/84/EC
    • (Technical questions on Directive 2001/29/EC)
    • Interpretation of Treaty rules on free movement of goods and services
    • Interpretation of Treaty rules on competition
    • Main issue at stake: grey market
    • Possible consequences on the market
  • 18. Top 10 sports programming by viewing across selected markets (2007)
  • 19. Collective selling of rights and EU competition law (I)
    • Market definition
      • Upstream product markets
      • Downstream product markets
      • Geographic markets
    • Joint selling agreements
        • Efficiencies
          • Single point of sale
          • Branding
          • The creation of a league product
  • 20. Collective selling of rights and EU competition law (II)
    • Cases
      • UEFA CL (2003)
      • Bundesliga (2005)
      • Premier League (2006)
    • Remedies
      • Tendering
      • Limitation of duration/scope of vertical conracts
      • No unused rights – parallel exploitation
      • No single buyer
  • 21. The EU’s Digital Agenda
      • Digital Single Market
        • Simplify copyright clearance and management – framework Directive on collective rights management
        • Directive on orphan works
        • Stakeholder dialogue on cross-border and pan-European licenses
        • Green Paper on online distribution of audiovisual works
        • Reinforce protection of rights