Phil Sherrell explains what the newest Digital Single Market changes mean for content creators and broadcasters


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On Wednesday 25 May, the EU Commission announced new developments to its Digital Single Market agenda. A new draft Directive, a draft Regulation and a Communication, each include a number of significant proposals, and overall represent a significant rebalancing of the scales in favour of EU content creators and broadcasters. Notably:

  • Video on demand services like Amazon Video and Netflix will have to ensure that at least 20% of their programme catalogues comprise works originating in the EU and certain other European states. The advertising and product placement rules for terrestrial broadcasters will be liberalised;
  • Content platforms like YouTube will be required to pay creators a “fair allocation” of the value they derive from the content they host; and
  • Video-sharing platforms will be required to put in place measures to protect children from harmful content and all users from material which incites hatred.

Watch the Head of the International Media, Entertainment and Sports Group Phil Sherrell explain the changes in an interview with the BBC World Service

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Phil heads Bird & Bird's market-leading international Media, Entertainment and Sport group. His personal practice has a particular focus on contentious and pre-contentious matters in the music, publishing, advertising and digital content industries. He advises on all aspects of IP protection and enforcement, including acting on a number of Copyright Tribunal references in the UK in relation to the collective licensing of newspaper and music content, as well as some of the seminal disputes in relation to copyright infringement and online defamation and privacy issues. Phil sits on the Copyright and Technology Working Group of the British Copyright Council and regularly appears in the media commenting on media law and regulation.

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