MVV389K Audiovisual Content and the Rules of the Digital Single Market

Faculty of Law
Autumn 2024
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Prof. UAM dr hab. Katarzyna Klafkowska-Waśniowska (seminar tutor), doc. JUDr. Pavel Koukal, Ph.D. (deputy)
doc. JUDr. Pavel Koukal, Ph.D. (seminar tutor)
Guaranteed by
doc. JUDr. Pavel Koukal, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV389K/01: Mon 25. 11. 16:00–17:40 S125, 18:00–19:40 S125, Tue 26. 11. 18:00–19:40 S125, Wed 27. 11. 18:00–19:40 S125, Thu 28. 11. 14:00–15:40 S125
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 24 student(s).
Current registration and enrolment status: enrolled: 22/24, only registered: 0/24
fields of study / plans the course is directly associated with
Course objectives
The course addresses legal problems of distribution of audiovisual content in the EU single market. The law of the single market is based on the fundamental freedoms, including the freedom to provide services. On of the objectives of the harmonization of national laws is to facilitate free provision of services, including audiovisual media services and information society services. During the course we discuss the instruments, such as the country of origin principle, that aim to ensure smooth cross-border provisions of programs. The approach developed in the EU originates from the world of television, particularly delivered by satellite and cable. With the advent of internet, information society services and digital channels of distribution, EU law expanded to other sectors: VOD and online platforms. Digital technologies also facilitate audiovisual piracy. The second problem addressed during the course are the attempts to limit and prevent the dissemination of content infringing copyright and related rights. In this area the course explains the applicability of copyright and related rights law to acts of content distribution, with the focus on audiovisual content.
Learning outcomes
At the end of the course, students should be able to:
- understand and explain freedom to provide services in the audiovisual sector;
- indicate the relevant EU legal framework for different audiovisual and video sharing services;
- interpret provisions of Digital Services Act addressing content moderation;
- explain major challenges for the distribution of audiovisual content on the Digital Single Market;
- solve simple case studies in the area of copyright, related rights and audiovisual content.
Syllabus
  • 1. Regulation of audiovisual sector in the European Union
  • 2. Freedom to provide audiovisual media services and the country of origin principle
  • 3. Freedom to provide information society services. Evolution of intermediary services
  • 4. Distribution of audiovisual content from the copyright perspective
  • 5. Content moderation and due diligence in the Digital Services Act.
Literature
  • See Teacher's Information for full details.
Teaching methods
Lecture with presentation; discussion; simple case studies based on the CJEU case law.
Assessment methods
Open book case study; multiple choice and open question tests.
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
Teacher's information
Literature:

A.Schneeberger Audiovisual Media Services in Europe. European Audiovisual Observatory, 2024 https://rm.coe.int/audiovisual-media-services-in-europe-2024-edition-a-schneeberger/1680b0dc9a

Husovec, Martin, The DSA’s Scope Briefly Explained (July 4, 2023). Available at SSRN: https://ssrn.com/abstract=4365029 or http://dx.doi.org/10.2139/ssrn.4365029

J.van Hoboken et al. Putting the DSA into Practice- Enforcement, Access to Justice and Global Implications. Open access e-book, Vervafssungsbook 2023 https://dsa-observatory.eu/2023/02/20/new-open-access-e-book-putting-the-dsa-into-practice-enforcement-access-to-justice-and-global-implications/

K.Klafkowska-Waśniowska, Soccer or Football: The Level Playing Field Idea for the European Single Market in the Audiovisual Media Services; Michigan State International Law Review, 2018 https://hcommons.org/deposits/item/hc:35617/

Other sources:

EUIPO Online copyright infringement in the EU 2023. Report https://www.euipo.europa.eu/pl/publications/online-copyright-infringement-in-eu-2023

Audiovisual and media policy in the EU – https://www.europarl.europa.eu/factsheets/en/sheet/138/audiovisual-and-media-policy

Consolidated text:

Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (codified version)

Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Text with EEA relevance.)

Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (Text with EEA relevance)

Commission Recommendation (EU) 2023/1018 of 4 May 2023 on combating online piracy of sports and other live events C/2023/2853

The course is also listed under the following terms Autumn 2023.
  • Enrolment Statistics (recent)
  • Permalink: https://is.muni.cz/course/law/autumn2024/MVV389K