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IRIS Plus 2019-3 - Territoriality and financing of audiovisual works: latest developments (2019)

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IRIS Plus 2019-3 - Territoriality and financing of audiovisual works: latest developments
European Audiovisual Observatory
978-92-871-9013-0
Format :
Paper
Language :
English
Type of document :
Book
Size :
A4
Number of pages :
69
European Audiovisual Observatory
€6.00 / 6.00 $US
Tax excluded
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This publication focuses in parallel on copyright and media regulation in order to take a closer look at the impact of the two leading concepts of “territoriality of copyright” and “country of origin” on the financing of audiovisual works in the digital single market.
Executive summary
1. Setting the scene
1.1. Then and now
1.2. Reminders on the financing of audiovisual works
1.3. Where territorial exploitation comes in
2. International and EU legal framework
2.1. Territoriality and copyright
2.1.1. The Single Market and the freedom to provide services
2.1.2. The principle of territoriality in copyright law
2.1.3. Latest legislative developments
2.1.4. Territoriality and competition law
2.2. Territoriality and audiovisual media services
2.2.1. Territoriality rules for audiovisual services at EU level
3. National legal framework
3.1. The rights clearance process in the EU audiovisual sector
3.1.1. The specificities of the EU audiovisual sector
3.1.2. The specificities of audiovisual works
3.1.3. The rights clearance for audiovisual works
3.1.4. The role of collective management in the audiovisual sector
3.2. The country of origin principle in the financing of audiovisual works
3.2.1. The “film levy” to the German Federal Film Board
3.2.2. The “video tax” in France
3.2.3. The Flemish Community of Belgium
4. Views from the industry
5. Case law
5.1. Exclusive territorial licensing under the spotlight of EU courts and competition authorities
5.1.1. From Coditel to Sportradar: territoriality reaffirmed
5.1.2. From the Murphy case to the Pay-TV case: territoriality revisited
5.2. From an absolute to a relative country of origin principle in relation to financial support for film production
6. State of play
6.1. The COO and the promotion of European works
6.2. The principle of territoriality and the cross-border provision of audiovisual content