Distribution | Dekuzu

New technologies allow “to rent DVD” through the Internet

Published 20th December 2017

Group of entertainment companies sued owners of Zediva service. Why? They provide what they describe as a DVD “rental” service available at www.zediva.com. To operate this service, defendants have purchased hundreds of DVD players and installed them in cabinets at a data center they lease. They also have purchased copies of plaintiffs’ copyrighted works on DVD, and place those DVDs in their DVD players, with each DVD remaining in its respective DVD player while it is transmitted to service’ customers on multiple occasions.

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Collective management organisation v Social network

Published 19th December 2017

SABAM is a management company which represents authors, composers and publishers of musical works. On that basis, it is responsible for, inter alia, authorising the use by third parties of copyright-protected works of those authors, composers and publishers. Netlog runs an online social networking platform where every person who registers acquires a personal space known as a ‘profile’ which the user can complete himself and which becomes available globally.

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Collective management organisation v Internet Service Provider

Published 19th December 2017

SABAM is a management company which represents authors, composers and editors of musical works in authorising the use of their copyright-protected works by third parties. Scarlet is an internet service provider (“ISP”) which provides its customers with access to the internet without offering other services such as downloading or file sharing.

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Retrospective: opportunities to make available cultural heritage of Europe

Published 16th December 2017

Michel Barnier, European Commissioner for the Internal Market and Services, presided over the signing of a Memorandum of Understanding(MoU) in which libraries, publishers, authors, and their collecting societies have agreed to a set of Key Principles that are intended to give European libraries and similar cultural institutions the possibility to digitise and make available on line out-of-commerce books and learned journals which are part of their collections. This non-legislative initiative is complementary to the Commission’s adopted legislative proposal on orphan works.

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of first option

Published 14th December 2017

Option 1 could facilitate the clearance of rights and reduce transaction costs for cross-border online transmissions only on the basis of voluntary agreements concluded between rightholders, CMOs and broadcasters. The effectiveness of such agreements would depend on the sectors’ willingness to license rights collectively (which may be limited in the case of AV works).

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Castle Collection v Scholastic: it is likely about fair use

Published 12th December 2017

Castle Collection sought to enjoin the distribution and sale of the children’s book, “Silent Days, Silent Dreams”. The Book is written and illustrated by Allen Say and published by Arthur A. Levine, an imprint of Scholastic.

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In Russia can appear a list of online stores which have the right to operate there

Published 7th December 2017

Russian watchdog, protecting consumers’ rights and interests, proposed to make a list of online stores, which can operate in Russia. Such list would be some kind of registry, containing the web-sites having the rights to operate in Russia. New proposal concerns not only Russian online stores, but also foreign.

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A balanced IP enforcement system responding to today’s societal challenges

Published 5th December 2017

Efficient, well-designed and balanced intellectual property (IP) systems are a key lever to promote investment in innovation and growth. Intellectual Property Rights (IPRs) are one of the principal means through which companies, creators and inventors generate returns on their investment in knowledge and creation.

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of baseline option

Published 4th December 2017

Under the baseline scenario, broadcasters would continue facing high transaction costs linked to licensing of rights for cross-border online transmissions, including for their own programmes. Existing voluntary initiatives aimed at promoting the aggregation of rights and the granting of multi-territorial licences could nevertheless contribute to facilitating the clearance of rights for musical works and phonograms used in in radio and TV broadcasts.

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Nintendo has won more than 11 mln in circumvention and copyright infringement case

Published 27th November 2017

In 2012, Parliament amended the Copyright Act, RSC 1985, c C-42 to add prohibitions against circumventing technological protection measures (TPMs) and trafficking in circumvention devices. In doing so, Parliament explicitly recognized the importance of TPMs for protecting copyrighted works, particularly in the video game industry.

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Category: Distribution