No-Deal Brexit: Impact On Media, Sport And Entertainment

While a range of outcomes, including a departure under the terms of the current Withdrawal Agreement, remains possible, it is important for businesses to plan for a no-deal Brexit, in which the UK leaves the EU without a withdrawal agreement or other deal. Here we look at the potential impact of a no-deal Brexit on media, sport and entertainment companies

Broadcasting

The Audio Visual Media Services Directive will no longer have force in the UK, impacting on pan-European/overseas audio-visual services that currently fall under the UK regime. The UK has therefore implemented legislation covering two broad principles: a continued country-of-origin principle that will operate under the European Convention of Transfrontier Television (ECTT), but which does not cover Video on Demand (VOD) services and does not include seven EU member states; and a new country-of-destination principle for broadcast services originating from countries that are not parties to the ECTT, but can be accessed by means of a regulated UK electronic programme guide. UK VOD services will only need to notify Ofcom if their head office and editorial decision-making capacity are UK based. Outside the UK, VOD providers should check regulatory requirements in the countries they wish to operate in. Online guidance is available from Ofcom.

Copyright

Database rights: EU Directives and Regulations on copyright will be preserved by UK law meaning database owners are given equivalent UK rights. There will be no obligation for EEA states to provide similar database rights, so owners of UK database rights may find their rights unenforceable in the EEA. Portability of online content: The Portability Regulation will cease to apply to UK nationals when they travel to the EU. UK consumers may see restrictions to their online content services when they temporarily visit the EU. Copyright clearance in satellite broadcasting: UK-based broadcasters that currently rely on the country-of-origin copyright clearance rule may need to obtain copyright clearance for each member state that they broadcast into. Orphan works copyright...