Media Law

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Law firm for media law

What is media law? What is the Media Act?

The rapid expansion in the field of media, especially new media, as well as the growing number of legal requirements here often lead to conflicting interpretations of media law. This is why, when giving comprehensive legal advice, not only do we consider the relevant provisions contained in the Media Act, including regulations on protecting individuals and media-related criminal law, but we also take account of all associated norms such as the Audiovisual Media Act (AMD-G) as well as the Austrian Civil Code and criminal law. 
Our extremely well-versed attorneys-at-law, who keep abreast of the latest media-relevant developments in both legislative packages and case law, enable us to maintain our leading edge as a recognised law firm for media law in Vienna. Our expertise as a law firm for media law not only covers media law liability, procedural law and youth protection but also the unbundling of rights when evaluating content in new media (IPTV, video on demand, near video on demand, streams, live streams) or combating internet piracy.

Audiovisual media and regulatory requirements

Within the framework of new media and digitalisation, our experts have focused their attention in particular on new, audiovisual media and the associated regulatory law. Not just video-sharing platforms and social media are subject to an increasingly complex array of provisions, but also conventional media outlets such as TV, radio and private TV broadcasters. National codes of conduct and media law regulations must be complied with as part of the European Union’s digital internal market strategy along with numerous legislative packages conceived by Austria’s federal government. 
Companies and other media / copyright owners also have to take action with the authorities and the judiciary, requiring the right legal advice when things get serious. Our team is also here to help in such situations.

Licensing law: Comprehensive advice by CMS attorneys-at-law in media law matters

One of the key areas we focus on is advising on licensing law: We provide legal advice in the drafting of contracts, for instance in terms of broadcasting rights, securing the rights of film makers, media owners, copyright collectives, producers, studios, publishers or radio and television broadcasters, and also assert these rights should infringements take place.
We also have comprehensive expertise in online matters, such as:
•    Affiliate Marketing
•    Search Engine Marketing (SEM)
•    White Label Solutions
•    Content Aggregation
•    Online Advertising 
•    Licensing Strategies

Our expertise also extends to providing legal assistance in setting up innovative business models in the area of new media, in connection with new forms of advertising such as “branded entertainment”, as well as digitisation projects.

Media law: Well-advised when disputes arise

In addition to conducting procedures with the authorities, we also provide support in matters of media law litigation. Our media law attorneys-at-law take charge of legal proceedings that are of fundamental importance for our clients in areas such as:
•    Audiovisual piracy
•    Copyright
•    Data protection 
•    News coverage
•    Credit damage and downgrade
•    System access rights 
•    Media-related criminal law
•    Complaints under the Media Act
•    Legal complaints and interim injunctions
•    Private criminal action

We also help you assert your rights in cases where the Media Act is violated. Meet our team of media law experts here.


Feed

02/08/2022
Leg­al is­sues in the meta­verse / Part 4 - Ex­pec­ted im­pact of the EU Ar­ti­fi­cial...
Part 4 - Ex­pec­ted im­pact of the EU Ar­ti­fi­cial In­tel­li­gence Reg­u­la­tion, the meta­verse as a work­place In our first art­icle, we ex­amined the nature of the meta­verse, the shared vir­tu­al world. The emer­gence...
27/07/2022
Leg­al is­sues in the meta­verse / Part 3 - Data pro­tec­tion chal­lenges, the...
Part 3 - Data pro­tec­tion chal­lenges, the im­port­ance of cy­ber­se­cur­ity, ad­vert­ising reg­u­la­tion in the meta­verse In our first art­icle, we ex­amined the nature of the meta­verse, the shared vir­tu­al world...
19/07/2022
Leg­al is­sues in the meta­verse / Part 2 - Trade­marks and copy­right, NFTs...
Part 2 - Trade­marks and copy­right, NFTs and civil law prin­ciples in the meta­verse In our first art­icle, we ex­amined the nature of the meta­verse, the shared vir­tu­al world. In the meta­verse, trade in vir­tu­al...
14/07/2022
EPO re­fuses pat­ent ap­plic­a­tion with ma­chine in­vent­or
The EPO Board of Ap­peal have pub­lished their writ­ten de­cision in case J 8/20 in re­la­tion to the AI ma­chine DABUS, find­ing that a ma­chine can­not be an in­vent­or for the pur­poses of ap­ply­ing for pat­ents...
04/05/2022
More de­tail has be­come avail­able about how to as­sess pat­entab­il­ity of com­puter...
In March 2021 the En­larged Board of Ap­peal of the European Pat­ent Of­fice answered ques­tions con­cern­ing pat­entab­il­ity of com­puter soft­ware sim­u­la­tions in case G1/19. A Tech­nic­al Board of Ap­peal has ap­plied...
29/03/2022
Where’s my “NFT” gone? Po­ten­tial pit­falls of NFT own­er­ship
NFTs have re­ceived a lot of at­ten­tion in the last year, so much so that Collins Dic­tion­ary named “NFT” their word of the year for 2021. But it is worth not­ing that own­er­ship of an NFT of­ten ul­ti­mately...
23/03/2022
To file or not to file? Trade mark pro­tec­tion in the meta­verse
Wheth­er you’re fa­mil­i­ar with the term or hear­ing it for the first time, many glob­al brands have be­gun to con­sider the im­plic­a­tions that the meta­verse might have on their IP. There are, seem­ingly, bound­less...
26/01/2022
Res­ults of IoT Sec­tor In­quiry out: Com­mis­sion con­firms con­cerns, con­siders...
1. In­tro­duc­tion On 20 Janu­ary 2022, the European Com­mis­sion pub­lished its Fi­nal Re­port on the con­sumer In­ter­net of Things (the “IoT”) Sec­tor In­quiry, which it launched in 2020 (see press re­lease...
10/11/2021
COV­ID and ViCo: The End?
En­larged Board of Ap­peal de­cision G1/21 Back­ground Fol­low­ing an EPO press re­lease on 16 Ju­ly 2021, the En­larged Board of Ap­peal’s (EBA) de­cision on video­con­fer­en­cing (ViCo) was re­leased last week. We...
22/09/2021
“Friends of an ef­fect­ive Di­git­al Mar­kets Act” part 2 – France, Ger­many...
In May 2021, France, Ger­many and the Neth­er­lands pub­lished a non-pa­per with pro­pos­als to im­prove the Di­git­al Mar­kets Act (DMA). In this pa­per, the three mem­ber states, which refer to them­selves as “Friends...
30/07/2021
EDPB is­sues draft Guidelines on codes of con­duct for data trans­fers
The European Data Pro­tec­tion Board (EDPB) is­sued its draft Guidelines 04/2021 on the codes of con­duct to be used as a tool for fa­cil­it­at­ing data trans­fers. These guidelines are the second in a series...
23/07/2021
GDPR 3 years on – The greatest hits (and misses)
More than three years have passed since the GDPR ap­plied and a lot has happened in the world of data pro­tec­tion dur­ing that time – fines, class ac­tions, court chal­lenges and more. We give our “playl­ist”...