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22 Ent. & Sports Law. 1 (2004-2005)

handle is hein.journals/entspl22 and id is 1 raw text is: 'Courting the Music License Exclusive Body Blow Yankees' &Types tK Autograph Deals2 A PUBLICATION OF THE ABA FORUM ON THE ENTERTAINMENT AND SPORTS INDUSTRIES VOLUME 22, NUMBER 1 SPRING 2004 Licenses for New Media Rights under EC Law on Competition By Romano Subiotto and Thomas Graf n a number of recent cases, the European Commission (the com- mission), the body in charge of applying the antitrust rules through- out Europe, has expressed an increased interest in how rightshold- ers deal with the licensing of new media, i.e., the right to disseminate content through new communication technologies such as the Internet or third-generation mobile phones.' This article reviews the commis- sion's position on new media rights licenses and discusses the principles that should apply to such licenses under EC competition law. Exclusivity Exclusive licensing is a common practice for the exploitation of tradi- tional broadcasting rights. The European Court of Justice and the commission have recognized that exclusive licenses for media content, as such, do not infringe Article 81 EC.2 Territorial limitations. The court clar- ified in Coditel II that an exclusive content license may legitimately grant Continued on page 18 The Practical Significance of Baseball's Presumed Antitrust Exemption By Andrew Zimbalist H istorically, the principal meaning of MLB's exemption was that the teams could continue to use the reserve clause. This meaning was in force until 'H it was reversed in a baseball arbitration hearing involving Dave McNally and Andy Messersmith in late 1975. After the owners attempted several unsuc- cessful appeals of this arbitration ruling in federal court and imposed a lockout, MLB and the Players Association reached a collective bargaining agreement in July 1976 that granted free agency rights to players with six years of major league experience. The reserve clause was gone and no longer needed the protec- tion of baseball's exemption. Amateur draft and minor leagues A second meaning of the presumed exemption is that it has allowed MLB to follow restrictive labor market practices relating to its minor leagues. Every June, Continued on page 22 Outsourcing the Movies: Runaway Productions of American Film and Television in Canada By Joe Sisto The runaway debacle s I sit down to write this article, I suddenly remember the Screen Actors Guild's (SAG) full page ad in Variety back in 1999 that screamed of bloody murder: Canada is Killing the Television and Feature Film Business in the United States, the title read. Suddenly, my compulsion is to begin this article almost apologetically. After all, I will ultimately tout the bene- fits of outsourcing the movies (especially to Canada as a production center) to you my American colleagues, encouraging the fear of carnage wrought by the so-called Runaway Production - the more or less apt term used to refer to film and television productions shot on location outside the United States (although the definition would arguably be better served by substituting Los Continued on page 27

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