Regulating Content: European Regulatory Framework for the Media and Related Creative SectorsKluwer Law International B.V., 2007 M01 1 - 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. |
Contents
Chapter | 3 |
Chapter | 7 |
Conclusion and Evaluation | 13 |
The European Content Industry Categorization and Definitions | 15 |
Legal Definitions Related to the Content Industry | 21 |
Preserving the Single Market | 26 |
The Division of Competences Between the EC and | 41 |
Chapter 2 | 61 |
Chapter 5 | 151 |
Rights Management and Collecting Societies | 156 |
Summary | 169 |
Summarizing Evaluation Reciprocity | 184 |
Chapter 6 | 190 |
Ensuring Functioning Market Structures on the Content | 203 |
SYSTEMATIZATION EVALUATION | 213 |
The Individual Regulatory Areas and Objectives | 216 |
Safeguarding Undistorted Competition from Intervention | 83 |
Chapter 3 | 91 |
Capability of the Market Entry and Access Regulation | 101 |
Ensuring a Basic Supply of the Population with Content | 103 |
Standardization Activities in the Content Industry | 112 |
Chapter 4 | 118 |
Regulation of Content for the Protection of Health | 126 |
Regulation of Content for the Protection of Personal | 132 |
The Realization of Cultural Democratic and Social Policy | 225 |
Safeguarding Basic Supply of the Public with Content | 231 |
2 | 235 |
Some Theses for Further Discussion | 247 |
Bibliography | 251 |
Table of Cases | 265 |