Edited by: M. Holoubek, D. Damjanovic, M. Traimer
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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.
List of Contributors, Foreword,
PART ONE THE LEGAL ASPECTS OF
EUROPEAN CONTENT REGULATION – PURPOSE AND SCOPE OF THE STUDY Chapter 1
Objective of the Book: A Horizontal Approach to European Content Regulation
I. The Background – Content as Part of Europe’s Culture II.
A Systematic Review and Analysis of European Content Regulation on a
Horizontal Basis Chapter 2 Structure and Methods I. Definition
of the Subject Under Investigation II. Analysis of the Individual
Regulatory Areas of European Community Law Governing the Content Industry
III. Conclusion and Evaluation x Contents Chapter 3 The European
Content Industry – Categorization and Definitions I. The Subject
under Investigation II. Categorization of the Content Industry III.
Legal Definitions Relating to the Content Industry PART TWO
THE INDIVIDUAL REGULATORY FIELDS – AN ANALYSIS OF THE DIFFERENT EUROPEAN
PROVISIONS FOR THE CONTENT INDUSTRY Chapter 1 Fundamentals of Community
Law and Policies (Including Funding Programmes) Governing the Content Industry
I. Preliminary Remarks II. Fundamentals of Primary Law III.
Secondary Legislation of the EU for Promoting the Content Industry IV.
Community Projects Relevant to the Content Industry V. Content as a
European Cross-cutting Subject – Conclusions and Evaluation Chapter 2
The Content Industry and General Competition Law I. Ensuring
Functioning Market II. Protecting Third Parties and Safeguarding
General Interests III. Preserving the Single Market IV.
Interactions Between the Intended Aims V. Direct Aids for Producing and
Broadcasting Content VI. Safeguarding Undistorted Competition from
Intervention by the Member States VII. Summary and Conclusion
Chapter 3 Sector-specific Regulation at Infrastructure Level I.
Preliminary Remarks: Sector-specific Regulation at Infrastructure and Content
Level II. Market Entry and Access Regulation in the Electronic
Communication Markets – Ensuring Functioning Market Structures in the Content
Industry III. Ensuring a Basic Supply of the Population with Content –
Protection of Third Party and Further General Interests IV.
Standardization Activities in the Content Industry – Preservation of the
Single Market V. Direct Promotion of the Production and Distribution of
Content VI. Summarizing Evaluation – Reciprocity and Interconnections
between the Various Regulatory Instruments in Sector-specific Regulation at
Infrastructure Level Chapter 4 Sector-specific Regulation at Content
Level I. Preliminary Remarks II. The Protection of Third Parties
and Further Public Interests III. Promoting Production and
Dissemination of Content IV. Maintaining the Single Market Chapter 5
Copyright and Related Rights I. Legal Protection of Content – Promotion
of the Production and Distribution of Content II. The Necessity for
Exclusivity – Ensuring Functioning Market Structures on the Content Markets
III. Creating a Balance – Protection of Third Parties and Further General
IV. Making Ends Meet: Summarizing Evaluation – Reciprocity and
Interconnections between the Objectives Pursued Chapter 6 Regulation of
the Content Industry through Tax Measures I. Promoting the Production
and Distribution of Content through Tax Measures II. Ensuring
Functioning Market Structures on the Content Markets III. The Promotion
of the Content Industry and its Limits
PART THREE SYSTEMATIZATION, EVALUATION AND CONCLUSION – A
STRUCTURAL ANALYSIS Chapter 1 The ‘System’ of European Content Regulation
– a Horizontal Analysis of the Individual Regulatory Areas I.
Point of Departure: ‘Content’ as a Cross-sectional Subject Matter
II. Safeguarding Functioning Market Structures in the Content Industry
III. The Realization of Cultural, Democratic and Social Policy Concerns
Chapter 2 Evaluation and Conclusions: Basic Principles and Structural
Elements of European Content Regulation I. European Content Regulation
– A Network of Regulation Systems II. Some Theses for Further
Discussion, Bibliography, Table of Legislation, Table of Cases, Index