The Law of Entertainment and Broadcasting

Rezensionen / Stimmen

In EntLR about Ed 2 The evolution of the broadcasting world, accelerated by the advent of the Internet industry and enhanced by the opportunities (and pitfalls) offered by digital technology, has become so fast paced that the simple idea of codifying its regulation appears an impossible task to achieve. What lawyers and businessmen need and require is a flexible, comprehensive approach which - while providing clear and updated illustration of any applicable laws - correlates the various, ever changing components of what for sake of simplification I will refer to as 'the media world'. However, this interdisciplinary, fast forward approach has a prerequisite: laying down the basics, outlining the foundations, providing the practitioner with a strong reference from where to start. Although utilizing a common law perspective and referring primarily to the Anglo-Saxon jurisprudence in its analysis of the subject matter, Vincent Nelson's 'The Law of Entertainment and Broadcasting' is an excellent example of how the foundations of such a multi-layered, interdisciplinary approach can be streamlined in an easy to read, comprehensive manual that keeps the legal analysis simple and direct while it emphasizes the implications on intellectual property of exploitation through digital technologies. The volume begins with a streamlined, yet accurate analysis of entertainment contracts which even the most pragmatic practitioner will enjoy as an opportunity to summarize the background of contract formation, to recall among others the distinction between assignments and licenses with meaningful jurisprudence always at hand. We then enter part II, a comprehensive examination of copyright and related rights which starts from the definition of Film to reach the areas of satellite and cable television - always comparing the domestic regulation with the law of the European Union and the interaction between National and European jurisprudence. Part III focuses on the remedies against contractual and copyright breach and an entire fourth chapter is devoted to defamation with concise and specific references to jurisprudence that the litigator will find it very useful to go through in addressing a case centered on this particular tort. Part V is a detailed exposition of the U.K. broadcasting world with special attention to the institutional perspective, with a summary of the functions and duties of both the British Broadcasting Corporation and the Independent television services, as well as of satellite television services. Its not however until further in the volume that the subject matter of digital broadcasting is reviewed in detail: concisely and accurately, the book provides a useful summary of the defined terms under the Broadcasting Act and of the licensing process and related duties imposed on broadcast operators. Finally, the last chapter of the book reviews issues relevant to consumer protection, with an overview of how programme standards are regulated, with the specific duties of the Independent Television Commission, the Radio Authority and the British Broadcasting Corporation. What the student and the practitioner will appreciate of this rather elaborate work is its simple structure comprised of concise introductions and references which make it of significant use for quick and specific reference available to both the common law and the civil lawyer active in any manner in the English legal world. The volume even has a quick reference guide where basically any issues relevant to entertainment law are summarized on one page for easy access to the many matters and respective sub chapters. In sum, 'The Law of Entertainment and Broadcasting' will serve its purpose on the desk of both the entertainment lawyer and the businessman interested in obtaining quick and updated insight on the legal implications of media practice. With the understanding that in order for Vincent Nelson's book to be effectively used, constant and accurate information on the fast evolving media industry should remain a priority on an ongoing basis so as to frame the book's excellent references in a wider practical context as the law, the media and means by which intellectual property is exploit continue to relentlessly change.The commentary is lucid and well-informed... Practitioners and media managers will welcome with enthusiasm this new edition of Vincent Nelson's superb book. G Pedde (full).