Dra. Loreto Corredoira
Bienvenidos a mi página donde compartiré materiales y contenidos para los alumnos, colegas e investigadores en Derecho de la Información, Cyberlaw y Políticas Audiovisuales.
Internet innovations are revolutionizing the way in which we consume media and repositioning the communication market. At the same time they are generating a series of legal disputes regarding the rights that belong exclusively to publishers, including distribution and sales, whether in a physical format or online.
These rights require a new frame of reference for the press when multimedia devices are involved, in addition to new pay formulas and means to obtain revenue, to ensure growth and maintain the loyalty of readers.
In the following article we analyze: 1) recent developments in News 2.0; 2) the latest claims by the press regarding RSS and feed readers and the international context regarding the right to quote and press briefs; 3) the copyrights of publishers and authors in the context of Ipad and other platforms.
Keywords: online news, iPad, copyright, micropayments, multimedia
Over the past fifty years many books on Communication Law have dealt with the European legal system. Dra. Corredoira herself, author of this chapter, has written several articles and books in that field. In this article she argues that the field of Communication Law has been transformed. After two landmark years: 2006 for public television and 2010 for general broadcasting media, the panorama will never again be the same.
2010 was an important year for television, advertisers and viewers for several reasons: To begin, it is the first time that Radio Televisión Española (RTVE) is not managing the advertising revenue following a new regulation for public television that began in 2006; second, the analog switch over occurred in April and over the course of the year various digital terrestrial television regulations have been implemented, including pay-for-view, the merging between operators and the management of premium channels. Finally, the General Law for Audiovisual Communication 7/2010, 31 March revoked almost all statutory laws for television since 1980 and paved the way for a more transparent competitive environment with greater freedom for the advertisers and the advertising media.
By way of this law, Directive 2007/65/EC of Audiovisual Communication Services of the European Parliament and the Council of 11 December 2007 is incorporated into Spanish law and will be discussed in detail below. This is not just a Broadcasting Act, hence the name "Audiovisual Communication", as it includes broadcast television programming and television on- demand or on-demand mobile television, radio and audiovisual communication —as already seen in the DTT— and new forms of audiovisual communication such as radio on-demand and mobile radio.
Keywords: Audiovisual Communication Act, Television without Frontiers Directive 2007/65, private TV companies, linear and nonlinear mediaEscuchar
- Micropayments: the next phase for News 2.0?
- Legal questions pertaining to mobile support
In September 2009 the Newspaper Association of America (NAA) requested proposals from its counterparts, the North American publishers regarding a possible solution to the paid content dilemma which is broadly debated on the Internet. A list of the current platforms available to publishers who sell newspapers or magazines is presented, along with potential solutions currently under review since 2009.
At the same time, in the ICT market and for 2.0 media, new and unique developments have occurred, together with the launch of products and services that help to frame the present article.
This issue is on the media agenda. We will analyze various well-known headlines that have populated the media and social networks since the launch of the iPad, along with the competition’s reaction to its launch.
Could Apple iPAD save the press? The Digital Content Blog / January 2010
What Apple can do for Journalism? The Guardian / January 2010
With Apple tablet, print media hope for a Payday. The New York Times / January 2010
News a pagamento, c'è Google. "Noi partner degli editori" / La Reppublica.it / January 2010
A Playland for Apps in a Tablet World /The New York Times/ January 25, 2010
Apple blinks in Apps Fight / The Wall Street Journal/ September 10, 2010
All this indicates that the online publishing world is changing. Content will no longer be completely ‘free’ and open.
Many years of uncertainty have ensued regarding the limits of the use of content and intellectual property, including legal cases such as the litigation against Google which the Belgian press pursued. Google News had to remove the Copiepress news, after losing the case in court (Verdict from September 5, 2006). In the United Kingdom, Google had to resolve other issues with the Associated Press through an extrajudicial agreement regarding the agency’s supply of news, with payment.
Since 2009, publisher demands have increased calling for more rigor regarding the reproduction of content that seems to be paving the way for a new stage in the management of online author and publisher rights.
The Apple tablet is not the only new device to revolutionize the world and pave the way for a new economic model. Yahoo, Google and the newspapers themselves are taking the next steps which we will analyze in detail.
4) La Gestión Colectiva de los derechos de propiedad intelectual de los artistas. Informe de la Comisión Nacional de Competencia de 2010 y doctrina reciente del Supremo, Revista Actualidad Civil, Madrid, (Actualidad civil, ISSN 0213-7100, 9, 2011.)
The Collective Management of Intellectual Property Rights of Artists. Report by the 2010 National Competition Commission and recent Supreme Court doctrine.
In this article we will analyze the management of copyright in the context of the 1992 and 2001 European Directive on copyright and in the framework of the 2009 Spanish Supreme Court decisions.
In particular, we will study the fairness of the tariffs applied by the managing entities to television, as well as the collective management copyright situation and the intellectual property of artists in Spain.
In a recent report by the National Competition Commission (CNC) a warning is issued regarding the possible monopoly of said entities, the barriers to entry in the market and unfair practices in the application of inflated tariffs related to an entire repertory when actual usage has been for a small percentage of same.
The CNC (NCC) as well as other state consulting entities – such as the Economic and Social Committee – along the lines of the previously cited Supreme Court decisions, recommend a profound legislative change. This is especially significant considering the possibilities that are available once online work by authors and artists is commercialized.
Key words: copyright tariffs, management entities, (SGAE, AI, AISGE), CNC, intellectual property law
Rodrigo Cetina Presuel, Researcher Assistant
Loreto Corredoira, Director of the Cyberlaw Clinic: cyberlaw.ucm.es
Privacy in the media has always been an important issue in the area of Communication Law and Ethics, as discussed by authors and debated in the courts.
Before social networks and the large search engines such as Google burst onto the scene, photos and tapes of individuals that were published without the express consent of the person and/or without a clear news motive, were the main illegal transgressions denounced by the courts and, in some cases, declared crimes. During the 1990’s mobile phones, cameras and video recorders and email all exposed the individual. Since 2001 with the broad development of social networks such as Tuenti in Spain, MySpace, and Facebook and the emergence of companies like Google, and Google maps, among others, the use of personal data and even their physical location of people through GPS systems has become the new arena of contention.
Recent cases involving Facebook and Google, both sued in various European countries, including Spain, for violations of the privacy of individuals, are a clear indication that balance must be found between the interests of large social network corporations – with all their positive contributions – and that of their clients. Users would like to limit the dissemination of their data, though at the same time they need the companies that offer their services must earn revenue. Otherwise the very services that they render continue to be offered free of charge.
In the following paper, we will focus on two sites that are internationally known: Facebook, a social network, and Google, originally a search engine with social network applications (Buzz, Gmail chat, etc) and many other 2.0 tools.
Key words: Facebook, Google, habeas data, intimacy, privacy, social networks
The emergence of the Information Society has brought about a culture of audience participation. This participative culture has had a great impact in the media conglomerates and global audiences. While Internet penetration increases and also the time spent by audiences on the web, the latest acquisitions of media conglomerates such as those of News Corp or Google have shown the economic power of user-generated-content sites: My Space (September 2005) and You Tube (October 2006).
According to eMarketer 2007, user-generated content advertising revenues will grow from $450 million in 2006 to $4,303 billion in 2011. In addition, the whole concept of advertising value on the web has changed: now the value is determined by the number of pages of user-generated content potentially available for advertising (Keen, 2007). In the near future we will move from the number of pages to the number of individual users per page available.
The advertising potential of social-networking sites is rooted in the unlimited desire for
personal attention. This social-networking makes it possible to co-produce your own content and advertise yourself, building on the idea of bringing people together.
This is why the term “prosumers” has been adopted, since the consumers become also
the producers (Tapscott & Williams, 2006). This demonstrates a shift in the way young generations communicate and entertain themselves.
Issues concerning authorship and attribution play a very significant role in this new context, especially for young generations who are most active and are shaping the contents/content of the future. In this regard, the current legislation does not seem to appear to be promoting the Information Society, since it does not assume the principle/principles that creators and artists are promoting on the web. The rapid growth of this market makes issues such as attribution and authorship more relevant. Legal action in this kind of social-networking would mean a barrier both to innovation and economic profit because the time spent creating and enjoying user-generated content has an increasing economic value.
Key words: User-generated-content, authorship, social networking, IMER generation
Paper presented at the Online Journalism Symposium, Austin, Texas in April 2008. The work examines the legal framework for intellectual property related to online journalistic press clipping.
This paper examines the legal framework of copyright in relation to the spread of “press clipping” businesses and activities with the development of digital or online journalism. It looks specifically at international law and the situation in the European Union, with special attention paid to Spanish laws and cases. The paper shows that there is no uniform treatment or agreement in Europe over what type of copyright protection journalistic news should receive. The case of “press clipping” presents a
fascinating debate between the right of access to information and the rights of editors and authors.
Key words: news copyright, press clipping, Intellectual Property European Directive