Beyond Murphy, Films and Football: Audiovisual Content in Europe

European audiovisual policy recognises the broader societal significance of broadcast content, and professional content remains significant to policy objectives relating to the public sphere and the public interest. The digital environment has made their attainment more complex by allowing the introduction of numerous other services which aggregate and disseminate content in a range of ways. Given the value of broadcast content, tensions arise in the distribution chain as different actors seek to control and/or use that content leading to concerns on the one hand about the effect of free-riders and piracy on those producing content and, on the other, about excessive monopolisation of content, leading to barriers to those seeking either to develop new services or to the viewers. In this, the role and scope of copyright is key. This article assesses the existing European legislative framework and analyses the judgments of the Court of Justice against the objectives of ensuring that a wide range of content is available for viewers and that new services are not hindered in their development. Its thesis is that the development of legislation at Union level has led to consolidation of power in the hands of the few, which seek to exploit that position to the detriment of viewers and would be competitors, and that competition law and the essential facilities doctrine do not provide an adequate backstop level of regulation to prevent this. The article concludes with some proposals for reform.