9

result(s)

Word(s)
Publication type
Policy area
Author
Keyword
Date

Audiovisual rights in sports events: An EU perspective

02-03-2017

Premium live sports content attracts large audiences, drives TV subscriptions upwards and generates advertising for broadcasters, particularly in an increasingly diversified media landscape. With no foreseeable end to the rush for premium sports rights over a handful of major sports events, the dramatic intensification of competition in the past 20 years has led to a steep increase in the pricing levels of audiovisual rights. In 2009, EU broadcasters spent around €5.8 billion on the acquisition of ...

Premium live sports content attracts large audiences, drives TV subscriptions upwards and generates advertising for broadcasters, particularly in an increasingly diversified media landscape. With no foreseeable end to the rush for premium sports rights over a handful of major sports events, the dramatic intensification of competition in the past 20 years has led to a steep increase in the pricing levels of audiovisual rights. In 2009, EU broadcasters spent around €5.8 billion on the acquisition of rights, representing nearly 17 % of their total €34.5 billion programming spend. Although sports events do not qualify as works of authorship, the audiovisual recordings of such events enjoy copyright protection and entitle rights-holders of the first fixation of the event to the right of reproduction, distribution, rental and communication to the public. In this context, the regulatory framework under which audiovisual sports rights agreements are negotiated in the EU features two predominant models – the joint selling of rights, where rights are sold by specially created associations on behalf of sports clubs, and exclusivity – a model referring to territorial exclusivity over the exploitation of audiovisual rights. In spite of the prominence of the latter model, the Audiovisual Media Services Directive contains two provisions that curb the restrictive allocation of rights, making it possible to freely receive information about events of major importance for society and enabling the public to have access to short extracts within general news programmes. The ongoing revision of the Audiovisual Media Services Directive does not currently envisage any changes to these provisions.

The Impact of the Crisis on Fundamental Rights across Member States of the EU - Country Report on Cyprus

10-03-2015

Upon request by the LIBE Committee, this study looks into the impact of the economic crisis and the austerity measures which were introduced as a response thereto, to the enjoyment of a set of selected fundamental rights by individuals in Cyprus. It also contains recommendations on how to make sure that the enjoyment of these rights is ensured in the future.

Upon request by the LIBE Committee, this study looks into the impact of the economic crisis and the austerity measures which were introduced as a response thereto, to the enjoyment of a set of selected fundamental rights by individuals in Cyprus. It also contains recommendations on how to make sure that the enjoyment of these rights is ensured in the future.

External author

Corina Demetriou

Indigenous Peoples, Extractive Industries and Human Rights

18-09-2014

The present study examines the human rights impacts of the extractive industries on indigenous peoples worldwide. It finds that there continue to be significant human rights risks associated with mining, oil and gas extraction falling disproportionately on indigenous peoples. It argues that the growing demand for non-renewable resources and the need to explore and exploit resources in ever more invasive ways suggest that such activities are likely to impinge even more on the lands of indigenous communities ...

The present study examines the human rights impacts of the extractive industries on indigenous peoples worldwide. It finds that there continue to be significant human rights risks associated with mining, oil and gas extraction falling disproportionately on indigenous peoples. It argues that the growing demand for non-renewable resources and the need to explore and exploit resources in ever more invasive ways suggest that such activities are likely to impinge even more on the lands of indigenous communities living in countries with important resource reserves. The paper acknowledges the major efforts being made by industry associations to address these issues through voluntary guidelines but finds that, notwithstanding, conflicts and violence persist and that further measures are required to protect the rights and interests of indigenous peoples. The universal acceptance of the 2007 Declaration on the Rights of Indigenous Peoples provides impetus to renewed efforts to ensure implementation of the provisions in practice. The paper concludes by recommending, among other things, that the European Union as one of the regions championing the Declaration at the United Nations take the initiative to develop a region-wide framework for extractive industries that sanction companies and provide legal redress in cases where the human rights of indigenous peoples are violated.

External author

Julian BURGER (University of Essex, United Kingdom)

Promoting Free Movement in the EU by Simplifying the Acceptance of Public Documents: Cost of Non-Europe Report

16-12-2013

Cost of Non Europe Reports are intended to evaluate the possibilities for gains and the realisation of a ‘public good’ through common action at EU level in specific policy areas and sectors. In particular, this study analyses the cost for citizens and businesses of the formalities which are currently necessary in order to make certain public documents acceptable in different Member States. The study concludes that the abolition of legalisation and Apostille, the simplified certification of copies ...

Cost of Non Europe Reports are intended to evaluate the possibilities for gains and the realisation of a ‘public good’ through common action at EU level in specific policy areas and sectors. In particular, this study analyses the cost for citizens and businesses of the formalities which are currently necessary in order to make certain public documents acceptable in different Member States. The study concludes that the abolition of legalisation and Apostille, the simplified certification of copies and translations, the establishment of multilingual forms in all official languages concerning birth, death, marriage, registered partnership, and legal status and representation of a company would greatly reduce the current costs associated with authenticating national public documents. Citizens and businesses would be able to more freely exercise their right of free movement and freedom of establishment in another Member State without facing disproportionate obstacles.

External author

ICF GHK

China Pledges to 'Deepen' Reforms, Though Implementation Remains to Be Seen

25-11-2013

On 12 November 2013, the Central Committee of China's Communist Party adopted measures to 'deepen reform'. The reforms would support China's economic development. Legal reform will continue, but the Party’s supremacy and application of law remain key issues. Re-education through labour is to be abandoned. China will gradually reduce the number of crimes subject to the death penalty. Public ownership will remain at the centre of the Chinese economic system. State-owned enterprises will lose some of ...

On 12 November 2013, the Central Committee of China's Communist Party adopted measures to 'deepen reform'. The reforms would support China's economic development. Legal reform will continue, but the Party’s supremacy and application of law remain key issues. Re-education through labour is to be abandoned. China will gradually reduce the number of crimes subject to the death penalty. Public ownership will remain at the centre of the Chinese economic system. State-owned enterprises will lose some of their privileges. The private sector is encouraged to participate in state-owned projects. Couples in which one parent is an only child will be allowed to have two children. The strict control over urban residence rights, which deprives millions of migrant workers social and cultural benefits, is to be loosened. Accessing household registration rights in big cities will remain tightly restricted. The resolution specifies, 'It is to be permitted that rural collective and construction land use is sold, rented or leased'. The reform includes shaping 'an online public opinion structure that integrates positive guidance'. The resolution of the Party's Central Committee includes issues that China's authorities are often reluctant to address. The Party has re-affirmed its authority in all areas of reform. Most proposals represent a continuation of ongoing reforms. The measures’ success will depend on their implementation.

Proceedings of the Workshop on "The Return of Cultural Objects Unlawfully Removed from the Territory of a Member State"

15-11-2013

Following the European Commission’s launching of a Recast proposal for Directive 93/7/EEC, which was adopted to ensure the return of cultural goods classified as “national treasures possessing artistic, historic or archaeological value”, the Committee on Culture and Education (CULT) of the European Parliament draw up a report on ‘Return of Unlawfully-Removed Cultural Objects’. Due to its complicated and legal-technical nature, CULT organised a workshop on the subject to promote debate between experts ...

Following the European Commission’s launching of a Recast proposal for Directive 93/7/EEC, which was adopted to ensure the return of cultural goods classified as “national treasures possessing artistic, historic or archaeological value”, the Committee on Culture and Education (CULT) of the European Parliament draw up a report on ‘Return of Unlawfully-Removed Cultural Objects’. Due to its complicated and legal-technical nature, CULT organised a workshop on the subject to promote debate between experts in the field and MEPs, from which conclusions and recommendations were drawn with a view to contributing to the report. The workshop took place in the European Parliament on 4 November 2013. The present document is the compilation of the background notes and Power Point presentations prepared by the experts invited.

External author

Marie Cornu (CNRS/CECOJI) and Manlio Frigo (State University of Milan), Italy)

National Experiences in Applying Civil Protection Measures : The Case of Bulgaria

15-03-2012

In civil and commercial matters, the provisional and protective measures are set to preserve the factual or legal situation, in a way to protect the rights whose recognition was claimed elsewhere by the court, having jurisdiction over the substance of the matter. Thus, protection measures shall surprise the defendant by depriving him/her of the possibility to make the protection sought useless. Talking about domestic violence, the protective measures are set to give immediate protection in cases ...

In civil and commercial matters, the provisional and protective measures are set to preserve the factual or legal situation, in a way to protect the rights whose recognition was claimed elsewhere by the court, having jurisdiction over the substance of the matter. Thus, protection measures shall surprise the defendant by depriving him/her of the possibility to make the protection sought useless. Talking about domestic violence, the protective measures are set to give immediate protection in cases where there exists a direct and immediate threat of continuation of domestic violence, whilst guaranteeing the rights of the offender to a fair trial.

External author

Nikolay ANGELOV (Regional Court, Plovdiv, Bulgaria)

Cross-Brder Issues of Securities Law: European Efforts to Support Securities Markets with a Coherent Legal Framework

16-05-2011

This briefing provides the legal background understanding in respect of securities which are held through banks and other intermediaries necessary to access the highly complex area of cross-border securities law which is in between commercial-, insolvency- and property law. It also describes adjacent legislation and neighbouring international initiatives. As the relevant laws are heavily fragmented, the holding and transfer of such securities as well as the exercise of investor rights is cumbersome ...

This briefing provides the legal background understanding in respect of securities which are held through banks and other intermediaries necessary to access the highly complex area of cross-border securities law which is in between commercial-, insolvency- and property law. It also describes adjacent legislation and neighbouring international initiatives. As the relevant laws are heavily fragmented, the holding and transfer of such securities as well as the exercise of investor rights is cumbersome and sometimes legally uncertain. Lastly, the main mechanisms of the envisaged legislation are presented. Throughout the text, a number of crucial issues are explained that had been discussed controversially in the past.

External author

Philipp PAECH (Department of Law, The London School of Economics and Political Science, the UK)

Matrimonial property regimes and patrimonial aspects of other forms of union: what problems and proposed solutions? (Proposal for Rome IV Regulation)

30-11-2010

This note provides an objective analysis of the property law aspects of living together in situations where the relationship has connections with more than one EU Member State. The analysis focuses on couples, whether opposite-sex or same-sex relationships, living together either in the form of a marriage, a registered partnership or who de facto live together. The note identifies main problems related to the matrimonial property regimes and patrimonial aspects of other forms of union with a cross-border ...

This note provides an objective analysis of the property law aspects of living together in situations where the relationship has connections with more than one EU Member State. The analysis focuses on couples, whether opposite-sex or same-sex relationships, living together either in the form of a marriage, a registered partnership or who de facto live together. The note identifies main problems related to the matrimonial property regimes and patrimonial aspects of other forms of union with a cross-border dimension and concludes by making some recommendations.

External author

Sjef van Erp, Professor für Zivilrecht und Europäisches Privatrecht, Institut für Europäisches Privatrecht, Universität Maastricht

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