The following IP Q&A Produced in partnership with Shobana Iyer of Swan Chambers provides comprehensive and up to date legal information covering:
The precise outcome is difficult to predict, of course, because much will depend on the actual terms of Brexit. Generally, Brexit provides deep concerns for the creative industries with regard to a wide variety of free trade issues stemming from the enforcement of intellectual property rights, free flow of data, the digital single market, talent and skill migration, funding, investment and regulations.
This Q&A focuses primarily on the most significant concerns for broadcasters relating to the ‘country of origin’ framework under the codified Audiovisual Media Services (AVMS) Directive as of 6 August 2017.
The Creative Industries Federation has provided a Brexit Report detailing their main concerns for the creative sector.
Brexit has the potential to significantly impact the UK’s broadcasting sector which presently is regulated by the codified AVMS Directive (formerly the Television without Frontiers Directive). AVMS Directive provides a set of rules that regulate the content and advertising in relation to audiovisual media services. The AVMS Directive covers traditional television (linear services) and on-demand programmes (non-linear services) and introduced rules on product placement.
Two prime attractive concepts under the AVMS Directive which the broadcasting sector relies upon are:
the country of origin principle
promotion of ‘European works’
The ‘country of origin’ principle works on the basis that when a service provider of one Member State wants
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