Regulating Content: European Regulatory Framework for the Media and Related Creative Sectors

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Kluwer Law International B.V., 2007 M01 1 - 273 pages
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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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Chapter2 Structure and Methods
Conclusion and Evaluation
Chapter3 The European Content Industry Categorization and Definitions
Secondary Legislation of the EU for Promoting the Content
Content as a European Crosscutting Subject Conclusions
Protecting Third Parties and Safeguarding General Interests
Summary and Conclusion
The Necessity for Exclusivity Ensuring Functioning Market
Summarizing Evaluation Reciprocity
Chapter6 Regulation of the Content Industry through Tax Measures
Ensuring Functioning Market Structures on the Content
Chapter1 The System of European Content Regulation a Horizontal Analysis
The Individual Regulatory Areas and Objectives
E Protection of Competition from Member States
Safeguarding Certain Thirdparty Interests

Ensuring a Basic Supply of the Population with Content
Standardization Activities in the Content Industry
Chapter4 Sectorspecific Regulation at Content Level
Promoting Production and Dissemination of Content
Chapter5 Copyright and Related Rights
Some Theses for Further Discussion
Table of Cases

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