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On 29 January 2008, the Grand Chamber of the Court of Justice issued its judgment in case C-275/06, Productores de Música de España (Promusicae) v. Telefónica de España SAU (Telefónica). Promusicae is a non-profit-making organisation of producers and publishers of musical and audiovisual recordings. It asked the Spanish Juzgado de lo Mercantil No. 5 de Madrid (Commercial Court No 5, Madrid) for Telefónica to be ordered to disclose the identities and physical addresses of certain persons whom it provided with Internet access services. According to Promusicae, those persons used the peer-to-peer...

On 1 June 2007, the Spanish Government approved the definitive draft of the Bill on General Audiovisual Law (known as the “Law on Cinema”). After extensive negotiations and discussions with industry players, the following outlines some of the final changes introduced in the final text: - as regards investments of TV channels: the amount that private television channels must invest in the production of European films is 5% of their gross income (not of their profits). Following much criticism, the Government has chosen not to increase the percentage to 6%, as originally planned; - concerning the...

In July 2007, the Spanish Government approved a Ministerial Order to regulate certain aspects of the management of digital terrestrial TV multiplexes, and which creates and regulates a Registry of Service Information parameters for digital terrestrial TV broadcasts. Regarding the management of the digital terrestrial TV multiplexes, the Order establishes that the entities managing these multiplexes shall be registered at the Operators Registry of the Telecommunications Market Commission. These entities shall coordinate technical aspects of digital broadcasting, shall generate the Service Information...

Two companies that hold the football television rights of the Spanish Liga (League), MediaPro and Audiovisual Sport, are embroiled in a legal battle over who holds the rights to broadcast which games. Audiovisual Sport is jointly owned by the Catalan public broadcaster TV3 (20%) and the multimedia group Sogecable (80%), which in turn, is partly owned by PRISA (the main radio and press company in Spain), Telefónica and Vivendi/Canal Plus. Sogecable owns Digital +, the main digital pay-TV platform in Spain. Each week, Digital + broadcasts one match on its premium pay-TV channel “Canal Plus”, and...

In her conclusions in case C-275/06, the Advocate General proposed that the Court of Justice of the European Communities (ECJ) should declare a Spanish law prohibiting the communication of traffic data to private entities, for civil court proceedings against copyright infringements, to be compatible with Community law. The complainant in the original case is Productores de Música de España (Promusicae), a not-for-profit association of producers and publishers of musical and audiovisual recordings. It had instigated court proceedings against Telefónica de España SAU (Telefónica) in order to obtain...