Round-up
of Media News from March 2008
18th March 2008
UK & EU proposals to extend copyright term
for performers and sound recordings.
The Copyright in Sound Recordings and Performers' Rights
(Term Extension) Bill proposes a 95 year term for performers rights and
rights in sound recordings. This is unlikely to succeed given that it
conflicts with the Gowers’ report recommendation to leave such
rights unchanged. The UK government has already rejected a select committee’s
recommendation to extend such rights to 70 years. However, debate on
the issue has been revived in Europe.
Charlie McCreevy, EU internal market commissioner, has
put forward proposals to the EU Commission extending the period of copyright
in sound recordings from 50 years to 95 years. The proposal requires
approval from a majority of member states and is likely to be opposed
by the UK.
"Sideways loss relief" - Loophole for individuals
closed in Budget.
Last Wednesday’s budget saw the closure of the
tax loophole which allowed individuals acting as sole traders to claim
so-called “sideways loss relief” from predicted losses
on film investment. As from 12 March 2008 (subject to transitional rules)
individuals carrying on a trade in a non-active capacity (defined as
spending 10 hours a week or less on the particular trade) will not be
able to claim such relief.
The clampdown on this loophole is perhaps not unexpected
and follows last year’s measures bringing to an end partnerships’ ability
to claim this relief.
New licence conditions for viewer participation
programmes.
Ofcom announced on 19 February new mandatory licence
conditions for television broadcasters showing viewer participation programmes.
The new licence conditions aim to protect audiences,
including those who choose to participate in programmes, and to restore
trust in participation TV by allowing early detection of compliance issues.
The new licence conditions state that:
-
Where television broadcasters invite
viewers to participate in programmes, they are directly
responsible for the handling of all communications
- whether by phone, email or post - from viewers.
-
Television broadcasters must obtain
independent third-party verification of all systems
used in PRS voting and competitions. Ofcom will undertake
an initial 12 to 18 month programme of unannounced
spot-checks to ensure broadcasters are complying with
this requirement.
The new provisions implement the findings of Richard Ayres’ report
of July 2007.
For OFCOM Statement please click here.
Directors Guild of America (DGA) ratifies deal
with Alliance of Motion Picture and Television Producers (AMPTP).
The new contract comes into effect on 1 July 2008 and
covers directors, assistant directors and unit production managers. As
mentioned in our last Update the deal gives directors increased fees
for product distributed over the internet as well as annual increases
of basic fees and residuals.
In other news
Greg Dyke has been appointed as the new Chair of the
British Film Institute from March 2008. He replaces Anthony Minghella,
who passed away today, in this four year appointment.
© Davenport Lyons 2008. All rights reserved.
This document reflects the law and practice as at March 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. |
