Round-up
of Media News from January and February 2008
15th February 2008
Welcome to the first of our Media
E-Alerts. We will be bringing you regular updates on what is affecting
this diverse and rapidly evolving sector. We welcome your feedback
and suggestions for any areas you would like to see covered in future
editions.
UK Intellectual Property Office
publishes consultation paper on proposed changes to copyright
exceptions.
As part of the follow up after the recommendations
set out in the Gowers Review of Intellectual Property (Dec
2006) the UKIPO has issued a consultation paper proposing
changes to the existing exceptions to copyright, including:
- a new format shifting exception which will allow
consumers to copy legitimately purchased content to
another format to allow playback on another device(eg
copying a CD onto an MP3 player);
- expand the existing educational exception allowing
copying of passages from published copyright works
for class handouts and the recording of broadcasts
to allow these materials to be available to distance
learners via digital technologies;
- a new exception 'parody' be created, allowing use
of a work for the purposes of caricature, parody or
pastiche
The deadline for responses is 8 April 2008. For more
details and a copy of the consultation paper, click here.
Revised procedure for sanctions
in broadcasting cases.
As from 18 January 2008 OFCOM has introduced
a more streamlined procedure for imposing statutory sanctions
on broadcasters. Changes to the previous system include: ·
- a two stage, rather than three stage process, aiming
to speed up decisions whilst giving broadcasters a
fair hearing.
- Notices of breach to be published separately from
sanction notification.
- Circumstances allowing a 'fast track' hearing eg
where Ofcom considers it in the public interest or
if there is ongoing risk of material harm, including
financial loss, to viewers or listeners.
Click here for
a copy of the statement.
OFCOM issues reminder to broadcasters
about user-generated content.
After its finding against the broadcaster
Sumo UK, OFCOM has reminded broadcasters in its 'Broadcast
Bulletin' that all user-generated content used by broadcasters
in their programmes is subject to the Broadcasting Code.
Such content appearing on the web does not necessarily
comply and it is the broadcasters' responsibility to ensure
it does comply before they broadcast it.
New specialist unit set up to
deal with film tax relief
The new Manchester Film Tax Credit Unit
will now deal with all film tax relief applications, except
for cases that are being dealt with by Large Business Service
(mainly those film production companies which are part
of larger groups) which will continue to be dealt with
there, or where an enquiry into a claim was already underway
before 1 January 2008, the existing office may continue
to deal with the company, with specialist advice from the
Film Tax Credit Unit.
Directors Guild of America (DGA) Reaches
Tentative Deal With Alliance of Motion Picture and Television
Producers (AMPTP).
After only five days of formal negotiations
and more than six months before the expiry of their current
agreement, a tentative three year deal has been reached
between the DGA and AMPTP. Terms agreed include:
- Yearly increases of wages and residual bases;
- DGA to get jurisdiction over new media;
- Residuals rates established for ad-supported streaming
and use of on-line clips;
- Payments for electronic sell-through based on distributors?
gross receipts, not producer's receipts.
Writer's Guild of America (WGA)
agrees three year tentative deal with AMPTP.
An agreement was finally reached last
Sunday between the WGA and TV and film production companies.
The three year deal will expire on 1 May 2011.
One of the crucial terms agreed was that
writers will be entitled to a fixed residual of about $1,300
for entertainment streamed on-line, and as from the third
year of the deal, they will receive a fixed percentage
of the distributors revenues from such sources.
Writer's have also gained a residual rate
on film and TV downloads higher than that paid previously
for DVDs. The download residual will also be calculated
as a percentage of distributor’s revenues, rather
than a fixed rate.
The Guild failed to achieve extended jurisdiction
over reality shows and animation.
Union members resolved to end the strike
in a formal vote on 12 February, allowing writers to return
to work before formal ratification of the deal.
© Davenport Lyons 2008. All
rights reserved.
This document reflects the law and practice as at February 2008. It is general
in nature, and does not purport in any way to be comprehensive or a substitute
for specialist legal advice in individual circumstances.
|
