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Month: January 2018

Reasons for Vitorino’s recommendations on private copying and reprography levies: copies made in the context of licensed services

Usually, a service provider acquires a licence from the rightholder that covers all copyright relevant acts involved in the provision of the service, including the reproduction of copyright protected content by the end user. Such licensing agreements also reflect the view and the expectations of the end user.

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Guidance on IPRED – presentation of specified evidence in control of the opposing party

Article 7(1) of IPRED provides for the possibility, in appropriate cases, to issue measures to preserve evidence without the other party having been heard (i.e. ex parte), in particular where any delay is likely to cause irreparable harm to the rightholder or where there is a demonstrable risk of evidence being destroyed.

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SWD IA on EU copyright modernisation – impacts of baseline option for digital retransmission

The legal uncertainty as to whether all rights relevant for the retransmission have been cleared faced by the retransmission service providers other than cable is expected to persist under the baseline option. As a result, those service providers can be expected to continue limiting their retransmission offers. Moreover, in view of the legal uncertainty, some market players might hesitate to launch innovative retransmission services or delay the launch in order to deal with licensing.

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Third edition of USA copyright office compendium – numbers

Individual numbers are not copyrightable and cannot be registered with the U.S. Copyright Office. Likewise, the Office cannot register a claim to copyright in values expressed in individual numbers, individual letters, or individual words. Individual numbers are never copyrightable for the same reason that an individual word cannot be protected by copyright.

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Online news aggregation and neighbouring rights for news publishers – evidence

New draft paper takes an economic perspective on the neighbouring rights debate and tries to find an explanation for this market outcome. First of all, it examines the economic impact of news aggregation platforms on news publishers. The available empirical evidence shows that news aggregators have a positive impact on news publishers’ advertising revenue. That explains why publishers are eager to distribute their content through aggregators.

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How Russian ministry of culture manipulates Paddington’s box-office and distribution in Russia?

Russian ministry of culture (MinCult), including its chief Vladimir Medinsky, made a lot to protect Russian cinematograph in Russia and now such measures entail consequences. One Russian distribution company has obtained permission to distribute cartoon movie Paddington 2 in Russia.

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The case when communication to the public is without intention to make profit

SCF, both within and outside Italy, manages, collects and distributes the royalties of its associated phonogram producers. SCF conducted negotiations with the Association of Italian Dentists with a view to concluding a collective agreement quantifying the relevant equitable remuneration for any ‘communication to the public’ of phonograms, including such communication in private professional practices.

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How you can lose your art thanks to Internet

Wolk, an independent artist of fantasy images and sports art, licenses her images through an exclusive licensing agent. Some of the images can consume as much as a year of Wolk’s professional time to create and produce in final form. The sole source of income for Wolk is the sale or licensing of her art, and Wolk runs an online store that exclusively sells her art. Photobucket is a photo-sharing ISP that operates a website located at www.photobucket.com.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: the general “leviability” of products and the country of destination principle in cross-border transactions

Consumers enjoy increasing possibilities to make private copies (for instance of CDs) and to store them on multiple devices. The same applies as regards reprographic copies. The need to compensate for such acts of private copying will not vanish from one day to the next. Therefore, although the importance of levy systems will probably decline over time, they will not be simply abolished in the near future, as some stakeholders would prefer.

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