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