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On 30 September 2015, the District Court of Midden-Nederland sent a preliminary reference to the Court of Justice of the European Union (CJEU), containing the following question: does “communication to the public”, within the meaning of Article 3(1) of Directive 2001/29/EC, include providing access to copyright-protected material by media players using “add-ons”? Add-ons are software files made by third parties and are freely available on the Internet. They can contain hyperlinks to streaming websites on which access to copyright-protected material has been made available, not necessarily with...

On 1 August 2015, the Regulation on product placement for commercial media services 2014 of the Dutch Media Authority (Commissariaat voor de Media - CvdM) entered into force. This Regulation clarifies the rules under the Dutch Media Act 2008 (Mediawet), in particular specifying when and under which circumstances product placement is allowed. In addition, the Regulation points out the main differences between product placement and sponsoring. The Dutch Media Act and the product placement Regulation implement the European Audiovisual Media Services Directive (AVMS Directive) of 2010. Similar to this...

BBC World News (BBCWN) is a 24 hour international news and information channel owned by BBC Global News Limited (BBCGTV), a commercial subsidiary of the BBC, and funded through advertising and subscription. BBCGTV holds an Ofcom Licence. Ofcom investigated BBCWN for possible breaches of funding rules resulting from broadcasting documentaries without cost or at a nominal cost, as low as £1. Ofcom initially investigated 75 programmes broadcast on BBCWN, narrowing it to 14 programmes. Each programme lasted around 30 minutes and was funded by not-for-profit organisations operating largely in the areas...

On 21 July 2015, the Romanian President promulgated the Law no. 211/2015 on the modification of the Article 20 of the Audiovisual Law - no. 504/2002 republished - (Legea audiovizualului nr. 504/2002, republicată) with regard to the dismissal of the President of the National Audiovisual Council, CNA (Consiliul Naţional al Audiovizualului). According to paragraph 4 of the new form of the above mentioned Article 20, the rejection by the Parliament of the annual activity report of the National Audiovisual Council means ipso jure the dismissal from office of the President of the Council. In the situation...

On 1 July 2015, the Independent Audiovisual Authority of Luxembourg (Autorité luxembourgeoise indépendante de l’audiovisuel, ALIA) issued a decision concerning a radio programme transmitted in Luxembourg. The complaint was initiated by ALIA’s Director and brought to the Board of Directors as the result of a self-referral procedure, provided for by Article 35sexies (3) of the Luxembourgish Law on Electronic Media (Loi des medias électroniques - LEM) (see IRIS 2011-2/31), which sets out that ALIA can on its own initiative investigate an alleged breach by any provider of an audio and audiovisual media...