What’s Hot in

Digital Media Law

Laurence Kaye Solicitors

 Introduction

• What and how do you regulate?

• Who carries the can?

• Where should the boundary between the

public and private domains be drawn?

• Making the transition from analogue to digital

Laurence Kaye Solicitors
 Digital Media

New delivery channels for content

Laurence Kaye Solicitors

 Digital Media

New digital services

Laurence Kaye Solicitors

State of the digital media markets

Laurence Kaye Solicitors

 State of the digital media markets

Piracy: MPA Member Company Revenue Loss for 2005 ($m)

450
400
350
300
250
200
150
100
50
0
Germany Italy Spain Russia France UK

Download Other

Source: MPA (2005)

• What and how do you regulate?

• Who carries the can?

• Where should the boundary between the

public and private domains be drawn?

• Making the transition from analogue to digital

What and how do you regulate?

Laurence Kaye Solicitors

What and how do you regulate?

Laurence Kaye Solicitors

 Audio-
Visual Music Journalism Publishing
Media
Services

E-Commerce Directive

Defamation Act 1996

Copyright Designs and Patents Act 1988

Human Rights Act 1998

Protection from Harassment Act 1997

Obscene Publications Act 1959

Racial and Religious Hatred Act 2006

CAP / BCAP
 Who carries the can?

Liability of ISPs

Laurence Kaye Solicitors

 Who carries the can?

Liability of social networks

and other hosts

Laurence Kaye Solicitors

Where should the boundary between the
public and private domains be drawn?

Laurence Kaye Solicitors

Where should the boundary between the
public and private domains be drawn?

Format shifting

Laurence Kaye Solicitors

 Where should the boundary between the
public and private domains be drawn?

Extensions to educational exceptions

Laurence Kaye Solicitors

Where should the boundary between the
public and private domains be drawn?

Libraries and archives

Laurence Kaye Solicitors

 Where should the boundary between the
public and private domains be drawn?

Research and private study exception

Laurence Kaye Solicitors

Where should the boundary between the
public and private domains be drawn?

Privacy and data protection

Laurence Kaye Solicitors

 Making the transition from
analogue to digital

“We always overestimate the change that will occur

in the next two years and underestimate the change
that will occur in the next ten.”
Bill Gates

Laurence Kaye Solicitors

Making the transition from
analogue to digital

Laurence Kaye Solicitors

Online Terms
Jurisdiction
and
Conditions

Laurence Kaye Solicitors

 10 PRINCIPLES OF DIGITAL MEDIA LAW

• There’s always a solution

• Online rules = offline rules (mostly)
• Living with uncertainty, so manage your risk
• Value your IP
• Copyright: permissions first, restrictions last
• Think privacy
• Collaboration’s the name of the digital media game
• Make it simple(r)
• Do the deal but allow for the exit
• What are the things you don’t know you don’t know?

Laurence Kaye Solicitors

 Laurence Kaye Solicitors
Legal solutions for the digital age

Laurie Kaye
laurie@laurencekaye.com
Mailin Bala
mailin@laurencekaye.com T: 01923 352 117
Yasmin Joomraty Web: www.laurencekaye.com
yasmin@laurencekaye.com Blog: http://laurencekaye.typepad.com