Regulating Content: European Regulatory Framework for the Media and Related Creative Sectors
Michael Holoubek, Dragana Damjanovic, Matthias Traimer
Kluwer Law International, 2007 - Law - 273 pages
A complex network of regulatory systems has arisen around the provision of media in Europe. In this connection regulating content is a focal point, as content is not only of economic but of vital cultural importance. At Community level a wide variety of measures have been taken to promote this branch of industry, especially in fields in which new and innovative digital technologies are used to enhance the market potential of content and creative products and services.
This important book focuses on regulatory interventions in the content industry under Community law. It offers an in-depth perspective on the functioning of the European legal framework for the content industry, its guiding principles, and its explicit and sometimes more fluid interface with policy areas falling largely into Member States competences. In this aspect the book can also be read as an analysis of the impact of the cooperation between European and Member State regulation when economic as well as social, democratic, and cultural policy goals are at stake.
Among the areas of content regulation covered are:
legal definitions related to the content industry; branches of the content industry broken down according to content category and distribution system; the division of competences between the EC and the Member States in cultural affairs;Community projects relevant to the content industry; competition rules relating to distribution; market entry and access regulation in the electronic communication markets; specific regulation for such considerations as the protection of minors, protection of health, protection of consumers, and protection of personal rights; ensuring and safeguarding functioning market structures in the content markets; and harmonization and coordination measures.
The basis of this book was a research project commissioned by the Austrian Federal Chancellery in preparation for a seminar supported by the European Commission in connection with Austria¿s Council Presidency in the first half of 2006.
As a systematic overview and analysis of the legal bases of European content regulation, this book will be of extraordinary value to practitioners, policymakers, officials, and academics in the fields of media and communications law. Beyond that, the work sheds a clear and defining light on an area that has an important role to play in the future economic growth and the development of a competitive business environment in Europe.
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Access Directive activities advertising agreements application audiovisual media services beneﬁt Chapter collecting societies Commission Decision common market Community law competition law competition rules content industry content markets Council cultural policy Damjanovic deﬁned deﬁnition digital television directive amending distribution of content EC Treaty ECHR economic electronic communications ensure established European Commission European content regulation exemption ﬁeld ﬁlm ﬁnal ﬁnancial ﬁrst framework freedom to provide functioning market structures fundamental freedoms harmonization Information Society Directive infrastructure interest internal market Internet justiﬁed limited Lisbon Strategy Media and Related Member networks objectives particular production and distribution prohibition promotion Proposal protection public service broadcasting radio regard regulatory Related Creative Sectors relevant restrictions safeguarding scope Section Service Directive signiﬁcance single market Sixth VAT Directive speciﬁc technologies teleshopping television broadcasting Television Directive Television without Frontiers transmission UEFA Champions League Universal Service Urheberrecht value added tax