Media Law


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.

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New Ob­lig­a­tions for So­cial Plat­forms
The ECJ rul­ing provides for a world­wide ob­lig­a­tion to de­lete hate post­ings in the event of com­plaints. Read more here!
18 September 2020
How will in­valid­ity of the Pri­vacy Shield and new rules for Stand­ard Con­trac­tu­al...
In a re­cent rul­ing, the EU Court of Justice struck down the EU-US Pri­vacy Shield and, though it ruled that stand­ard con­trac­tu­al clauses re­main val­id for trans­fers of per­son­al data out­side the EEA, in­ter­preted...
New times, new is­sues
Bro­chure TMC
22 July 2020
Around 1600 view­ers re­gister for live video stream of com­puter soft­ware...
The En­larged Board of the European Pat­ent Of­fice re­cently heard or­al ar­gu­ments con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion. This rare event was video streamed to over 1600 pat­ent stake­hold­ers....
03 July 2020
Pro­tocol for On­line Case Man­age­ment in In­ter­na­tion­al Ar­bit­ra­tion
As ar­bit­ra­tions are be­com­ing in­creas­ingly glob­al­ised, with par­ti­cipants loc­ated across vari­ous jur­is­dic­tions, parties are con­stantly look­ing for ef­fi­cient ways to com­mu­nic­ate and share doc­u­ments and in­form­a­tion...
26 May 2020
European Com­mis­sion must ad­dress in­tel­lec­tu­al prop­erty and AI
The Com­mit­tee on Leg­al Af­fairs (JURI) of the European Par­lia­ment has pub­lished three draft re­ports re­lat­ing to ar­ti­fi­cial in­tel­li­gence (AI). This note is about the draft re­port on in­tel­lec­tu­al prop­erty...
12 May 2020
Loc­a­tion apps in the time of COV­ID-19
Con­tact tra­cing and loc­a­tion data-based ap­plic­a­tions have re­cently be­come the sub­ject of the heated de­bates in view of their wide­spread use in the fight against the COV­ID-19 pan­dem­ic. In re­sponse to...
24 April 2020
New CJEU rul­ing cla­ri­fies the ‘com­mu­nic­a­tion to the pub­lic’ pro­vi­sions...
In a much-an­ti­cip­ated de­cision, the Court of Justice of the European Uni­on (‘CJEU’) con­clus­ively de­term­ined that the activ­it­ies of car-leas­ing com­pan­ies of­fer­ing vehicles fit­ted with ra­dio equip­ment...
17 April 2020
Is a pri­vacy-friendly use of mo­bile ap­plic­a­tions to com­bat COV­ID-19 our...
A Pan-European Ap­proach to the Use of Mo­bile Apps and Mo­bile Data With its Re­com­mend­a­tion of 8 April 2020 on steps and meas­ures to de­vel­op a com­mon ap­proach to the use of mo­bile ap­plic­a­tions and mo­bile...
16 April 2020
Net­work re­si­li­ence and tele­com­mu­nic­a­tions as es­sen­tial ser­vice dur­ing Coronavir­us...
The way we be­have, act and in­ter­act with the world has been rad­ic­ally changed due to the im­pact of Coronavir­us (COV­ID-19). So­cial dis­tan­cing and strict in­struc­tions to “stay at home” have thrust the...
15 April 2020
Com­mu­nic­a­tions as an es­sen­tial ser­vice dur­ing COV­ID-19 con­fine­ment
Aus­tria has taken pre­cau­tion­ary meas­ures re­gard­ing in­ter­net use, al­though at present there is no reas­on to worry that the avail­able net­works will not be able to with­stand in­creased use. As in­ter­net traffic...
10 March 2020
EU Com­mis­sion's White Pa­per on Ar­ti­fi­cial In­tel­li­gence stresses ex­cel­lence...
Ar­ti­fi­cial in­tel­li­gence (AI) has now reached al­most all areas of life: mo­bil­ity, trade and health, to name but a few. As a res­ult, the EU Com­mis­sion has sum­mar­ised its vis­ion for the fu­ture of AI and...