Press "Enter" to skip to content

Month: January 2018

UK consultation on cross-border portability of online content services

Regulation 2017/1128 of the European Parliament and of the Council on cross-border portability of online content services in the internal market (the “Portability Regulation”) comes into force in the United Kingdom on 1 April (Article 11 of the Regulation). The Regulation is designed to make it easier for consumers who live in the European Union (EU) to access online content services they subscribe to (for example, television, film and music subscription services) when they are temporarily located in another Member State of the EU (Article 1.1). This could be, for example, when on holiday or travelling on business.

Comments closed

Second round in dispute between DOJ and BMI over 100% or fractional licensing

The United States Department of Justice Antitrust Division (“DOJ”) appealed the judgment interpreting the consent decree between it and Broadcast Music, Inc. (“BMI”). The court ruled that the consent decree neither requires full-work licensing nor prohibits fractional licensing of BMI’s affiliates’ compositions. The dispute in this case is whether, under the consent decree, “fractional” interests BMI has acquired through its affiliates to a co-owned work are included in BMI’s repertory and may be included in the blanket license.

Comments closed

GS Media v Sanoma and others – background

Sanoma, the publisher of the monthly magazine Playboy, commissioned a photographer, Mr Hermès, to conduct a photoshoot of Ms Dekker. Ms Dekker appears regularly in television programmes in the Netherlands. The photographer gave Sanoma full power of attorney to represent him for purposes of protection and enforcement of his intellectual property rights arising from the aforementioned commission.

Comments closed

Guidance on IPRED – types of costs to be reimbursed and focus on commercial scale infringements

While Article 14 of IPRED refers to ‘legal costs and other expenses incurred by the successful party’, the Directive does not define what these concepts entail precisely. The CJEU has held that the concept of ‘legal costs’ includes, amongst others, lawyer’s fees. It also held that the concept of ‘other expenses’ includes, in principle, costs incurred for the services of a technical adviser.

Comments closed

Third edition of USA copyright office compendium – examination practices

When the U.S. Copyright Office determines that the material deposited constitutes copyrightable subject matter and that the other legal and formal requirements of U.S. copyright law have been met, it will register the claim and send the applicant a certificate of registration under the seal of the U.S. Copyright Office.

Comments closed