Harbottle - blog.harbottle.com - Digital Media Law
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Public Service Broadcasting in digital Britain: a step backwards? 31 Jul 2013 | 09:02 pm
Author: Tony Ballard Government strategy in relation to public service broadcasting (PSB) appears to be going backwards. Digital Britain Broadcasting policy in this country is largely the fruit of ...
Fair compensation and copying under the private copying exception 28 Jun 2013 | 07:22 pm
Author: Tony Ballard The Court of Justice of the European Union (CJEU) has made a small but significant contribution to the debate surrounding private copying and copyright. Fair compensation Priva...
Copyright exceptions and fair use 31 May 2013 | 03:55 pm
Author: Tony Ballard Has recent case law of the Court of Justice of the EU (CJEU) established a platform for the introduction of a US-style fair use principle in copyright law? It is not impossible....
Is reception an infringement of copyright? The implications of the decision in Meltwater. 24 Apr 2013 | 08:46 pm
The decision of the Supreme Court on 17 April 2013 in PRCA v NLA (generally known as Meltwater) marks the outer limits of the new European copyright regime applying to the distribution of content in e...
Connected TV: proposals for regulation 28 Mar 2013 | 08:22 pm
Author: Tony Ballard A remarkable document emerged from the European Parliament at the end of January. It is styled “DRAFT REPORT on connected TV”. It is not, however, a report but consists of a mo...
Remote gambling and online TV: can regulation work on a point of consumption basis? 1 Feb 2013 | 02:53 pm
Author: Tony Ballard The government is proposing that offshore providers of online gambling services should be licensed if they wish to target UK punters. It is not clear how such a scheme could wor...
The TV licence fee: should it extend to on-demand services and should it be reformed as a tax? 11 Jan 2013 | 09:02 pm
Author: Tony Ballard This blog explores a possible reform of the UK TV licence fee system along the lines now being pioneered elsewhere in Europe. It would involve assimilating the fee to some extent...
Orphan works, free movement and the single market: is there a judicial solution? 30 Nov 2012 | 03:18 pm
Author: Tony Ballard “For good faith users, orphan works are a frustration, a liability risk, and a major cause of gridlock in the digital marketplace” (US Copyright Office 22 October 2012). The US C...
Football Dataco v Sportradar and the distribution right: a case of convergence with the communication to the public right? 30 Oct 2012 | 06:12 pm
Author: Tony Ballard The decision of the Court of Justice in Football Dataco v Sportradar, handed down earlier this month (18 October 2012), was awaited with more than usual interest by copyright lawy...
Online rights: is copyright in e-books, music and films exhausted by download-to-own (DTO) distribution? 19 Sep 2012 | 07:27 pm
Author: Tony Ballard It is a long-standing feature of EU law that, where intellectual property (IP) rights are exploited through the sale of copies of a work, the right to do so is usually exhausted w...
