7. EVALUACIÓN FINANCIERA
7.5. Índices financieros
7.4 Satellite Satellite radioradio 7.5
7.5 Mobile Mobile phonephone s s and and other other hand hand held held wirelwirel ess ess devicesdevices
8. Conclusion
8. Conclusion
Concluding Remarks Concluding Remarks
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Cancel Anytime. 3 3 9999 I T A L Y I T A L Y Luca Ferrari* Luca Ferrari* 1. INTRODUCTION 1. INTRODUCTION
In this chapter, we expl
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4
4 00 00 I-UCA FERRARII-UCA FERRARI is that provided by the proper
is that provided by the proper ty ty or tenancy of or tenancy of the vethe ve nue whenue whe re tite event is staged and, byre tite event is staged and, by its organization, the right to control access to the stadium or racecourse, admitting specta its organization, the right to control access to the stadium or racecourse, admitting specta tors under contractual restrictions.
tors under contractual restrictions.
A similar approach has been adopted in
A similar approach has been adopted in several contineseveral contine ntal ntal EuroEuro pean pean jurisjuris dictiodictio ns inns in clud
clud ing Italy.' ing Italy.' HoweHowe ver, the latesver, the latest t tendetende ncy ncy seesee ms to be thai of ms to be thai of provprov iding a protectioiding a protectio nn base
base d on the idea of d on the idea of an exclusive right in the sporan exclusive right in the spor ting eveting eve nt as the result of nt as the result of the spethe spe cificcific eco
eco nono mic activity (value mic activity (value creation) of creation) of the organizer or investor. the organizer or investor. FroFro m an idealistic perspecm an idealistic perspec tive
tive , it , it is the is the right of right of the orthe or ganizer ganizer of of the gamthe gam e not e not to be to be deprivedeprive d of d of (li(lie results of e results of itsits economic activity and investments, in other words the sports spectacle as a new kind of economic activity and investments, in other words the sports spectacle as a new kind of entertainment not protected by copyright and yet whose value cannot be 'siphoned away' entertainment not protected by copyright and yet whose value cannot be 'siphoned away' to benefit othe
to benefit othe r r entitieentitie s wifs wifhout Dhout Die ie consent oconsent o f f the 'the ' oo wnwn erer '.'.22
This,
This, perspective perspective coincidescoincides with that of
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ITALY
ITALY 4040 11
For the reasons slated above, most oflhe chapter will focus on the broadcasting regula For the reasons slated above, most oflhe chapter will focus on the broadcasting regula tion applicable lo professional football and basketball.
tion applicable lo professional football and basketball. 2.2
2.2 LaLa w w No. No. 78 78 of of 2929 MarchMarch 1999 1999 and and thth e e age of age of indiindi viduvidu al sellingal selling In
In 1999, limited lo f1999, limited lo football matootball mat cheche s, the s, the owneowne rshrsh ip issue ip issue was was settlesettle d d by by statutestatute : 'Each: 'Each Se
Se rie A rie A and Serie B fand Serie B f oooo tbatba ll Club ll Club is the owneis the owne r r of of the television brthe television br oadcastinoadcastin g g right inright in codified format.'
codified format.'55
Article
Article 22 of of Law 78/1999 hLaw 78/1999 h as been as been for for years the onlyears the onl y Italian y Italian statutorystatutory provis
provis ion, whion, wh ich expreich expre ssly affssly affirmed ownerirmed owner ship of ship of (pay) televisi(pay) television broon bro adcasting rigadcasting rights; ithts; it certainly constituted an important statement as it reinforced (lie then prevailing opinion certainly constituted an important statement as it reinforced (lie then prevailing opinion that rights to football events belong lo the clubs rather than to the league or federation. that rights to football events belong lo the clubs rather than to the league or federation.66
It must be noted
It must be noted that the statutthat the statut e did not define the content and the nature of e did not define the content and the nature of the pay-TVthe pay-TV rights. Indeed, the provision appeared as marginal within a law, whose stated objective rights. Indeed, the provision appeared as marginal within a law, whose stated objective
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4
400 2 2 LUCLUCA A FPFP.K.KRARARIRI the question of
the question of individual or collective ownership of individual or collective ownership of matchmatch es schedes sched uled uled within a tournawithin a tourna ment or cham
ment or cham pionshpionsh ip was, and possibly still is, the object of ip was, and possibly still is, the object of divergent decisdivergent decis ions elseions else where in Europe.
where in Europe.77
In Italy, however, the individual ownership of such rights by the clubs In Italy, however, the individual ownership of such rights by the clubs was generally undisputed at the time.
was generally undisputed at the time.88
This precept, in conformity with the then only This precept, in conformity with the then only existing statuto
existing statutory statemery stateme nts, rested with the vast majority of nts, rested with the vast majority of the scthe sc holhol arsars 99
as well as with as well as with the sports regulators.
the sports regulators.
This conclusion was further supported by recent court decisions concerning the com This conclusion was further supported by recent court decisions concerning the com mercialization of images of
mercialization of images of the footbathe football games by certain ll games by certain mobilmobil e telephone come telephone com paniespanies .. We
We will Inter will Inter discudiscu ss ss this interesthis interes ting ting jurjur ispisp rudrud encenc e, but here we strese, but here we stres s s thai thai all decisionall decision ss move from the premise that the
move from the premise that the hostinghosting club is the holder of the rights to the economicclub is the holder of the rights to the economic exploitation of
exploitation of IhIhe game, e game, including its transmission thrincluding its transmission thr ough all medough all med iaia .. 11 00
Indeed, as we know, Italian clubs had been selling pay-TV rights individually for some Indeed, as we know, Italian clubs had been selling pay-TV rights individually for some years before statutory recognition in 1999 and their entitlement to the negotiation and years before statutory recognition in 1999 and their entitlement to the negotiation and
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ITALY
ITALY 44 00 33
Based on this practice, and possibly taking into consideration the notion thai the visit Based on this practice, and possibly taking into consideration the notion thai the visit
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LUCA 1-EKUAKI LUCA 1-EKUAKI
Therefore, il only applies lo the two professional team sports, namely football and basket Therefore, il only applies lo the two professional team sports, namely football and basket
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40 40 55 distinctive, competitive procedures for the national market; the international market and distinctive, competitive procedures for the national market; the international market and
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1
1..11 JJCA riiRRAR]CA riiRRAR]
The
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40 40 77