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ITV Broadcasting Limited, ITV 2 Limited, ITV Digital Channels, Channel 4 Television Corporation, 4 Ventures Limited and Channel 5 Broadcasting Limited are alleging that TV Catchup “has infringed the copyrights in their broadcasts by communicating those broadcasts to the public by electronic transmission.” This hearing was generally to determine whether there was any real prospect of the claimants succeeding and whether specifically “the fact that the defendant's transmissions are not broadcasts is necessarily fatal to the claim.” TV Catchup facilitates live video streaming of content (including...

The major controversy over News Corp’s bid for 100% of BSkyB has reached a further stage with the publication by Ofcom of its report on the plurality implications of the bid, recommending that the minister refer it to the Competition Commission for further investigation. The bid has already been cleared on competition grounds by the European Commission (see IRIS 2011-2/4). Under the Enterprise Act 2002, the Secretary of State for Culture, Media and Sport has the power to specify a “public interest consideration” in a proposed merger relating to the need for a sufficient plurality of persons with...

Ofcom, the UK communications regulator, has issued new rules on product placement following the Government’s decision to permit it subject to restrictions (see IRIS 2010-8/33). The new rules are contained in the revised Broadcast Code and came into effect on 28 February 2011. Product placement is allowed in films (including dramas and documentaries), TV series (including soaps), entertainment shows and sports programmes. The new rules clarify that single dramas fall within the genre of ‘films made for television’ where product placement may take place. But it will be prohibited in all children’s...

On 17 February 2011 the General Court of the European Union issued its ruling in cases T-385/07 and T-68/08 (FIFA v Commission) and case T-55/08 (UEFA v Commission). The cases involved the list of events of major importance for society submitted by the United Kingdom and Belgium to the Commission. The two organisations sought to annul the approving decision of the Commission. Article 3a(1) of the Television without Frontiers Directive (now replaced by Article 14 of the Audiovisual Media Services Directive) allows Member States to prohibit the exclusive broadcasting of events they judge to be of...

On 3 February 2011 Advocate General Juliane Kokott delivered her opinion in cases C- 403/08 and C-429/08. Both cases involve the import of decoder cards from Greece into the United Kingdom in attempts to circumvent the exclusivity agreements concluded between the UK’s Football Association Premier League (FAPL) and the broadcasters to whom the FAPL grants the right to broadcast matches. By using a Greek decoder card, pubs in the UK are able to show the live transmission of Premier League football matches at more favourable rates then those offered by broadcasters in the UK. In an attempt to squash...