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Category: Royalties

How to choose between actual or statutory damages – simply inform the court

When Robert Smith (aka Bigg Robb) recorded his song Looking for a Country Girl, he probably was not looking for a legal battle, too. But Bernard Thomas (aka Bishop Bullwinkle) copied the beat from Smith’s song to make a new one – called Hell 2 Da Naw Naw – and suddenly became famous. Understandably upset at his work being copied, Smith informed Thomas of the issue and attempted to negotiate a resolution. When that failed, he sued and won.

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Meeting with celebrity is not consideration for copyright assignment

Fraser Munden and Michael Glasz are professional filmmakers specialized in documentary filmmaking. They operate a production company under the name Thoroughbred Pictures Inc. which was incorporated in 2013. Fraser is responsible for the creative works and Michael is responsible for the administration of the company. Alexandre Choko, is a real estate agent who, at all relevant times herein, was a boxing promoter, author of a published work entitled “The Future of Boxing” and boxer.

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USA copyright office should help Russian cinemas to avoid payment of royalties for synch right

Russian collective management society this year has sued different cinemas for non-payment of royalties for synchronization right. According to current Russian law the Russian Authors Society has received state accreditation for collecting of royalties for synch right. State accreditation in collective management of rights means the holder of such accreditation can collect royalties in the name of right holders, who even did not provide authority to do it.

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Russian audiovisual right holders made online cinemas to use third party system of reporting

Online distribution of audio-visual content in Russia plays prominent and leading role in Russian internal market. The right holders take online distribution very seriously because it makes money even when the movie is not shown in cinemas. Anyway, the right holders are not happy with statistics provided by the online cinemas. On the basis of this statistics the cinemas calculate royalties and pay them to right holders. Right holders want statistics from the third party.

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RMLC and TMLC on collective rights management rules review

The producers and syndicators of programming obtain and license to the stations with which they contract all of the copyright and other rights necessary to broadcast the programming (including those for creative inputs such as a script, choreography, acting and directing), with the sole exception of the non-dramatic public performance rights to the copyrighted music therein.

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Russian authors’ society filed suit against music festival Nashestvie for missing royalties

Russian authors’ society, the Russian collective management organisation, having state accreditation for collection and distribution of royalties for public performance right in offline environment, has filed a suit against organizer of music festival Nashestvie 2018 for unpaid royalties.

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Estonian’s Option B of article 11 for DSM copyright directive

Presumption for publishers of press publications

Press publications contain mostly literary works but increasingly include other types of works and subject-matter, notably photographs and videos. Due to the large number of authors and rightholders involved in the creation of a press publication, licensing and enforcement of the rights in press publications are often complex and inefficient in the digital environment. Publishers may notably face difficulties when proving that they have been transferred or licensed the rights in such works and other subject-matter for the purposes of concluding licences or enforcing the rights in respect of their press publications.

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Sony/ATV music publishing on collective rights management rules review

Sony/ATV respectfully submits that the Consent Decrees should clarify, whether by amendment or otherwise, that each copyright owner (i.e., a music publisher) may, in its discretion, designate particular types of users or uses that the owner will authorize ASCAP or BMI (as the case may be) to include in their respective collective licenses, with the copyright owners exclusively reserving the right for themselves to license such rights to all other users or uses. ASCAP and BMI also should be required, on a nondiscriminatory basis, to accept these limited grants of public performance rights from copyright owners.

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Andrey Krichevsky, CEO of Russian accredited CMO, about collective management in Russia

Andrey Krichevsky gave to Russian media house “Kommersant” interview. During the conversation with journalist he explained his position and vision of collective management in Russia, his experience and perspectives in development of music business in generally. Below are his main thoughts, and, believe, they have been translated very correctly.

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The matter of proper licensing: ABKCO Music v Sagan

This copyright infringement case concerns a collection of live audio and audiovisual recordings of iconic songs that were recorded while being performed live in concert and thereafter acquired by defendants William E. Sagan, Bill Graham Archives, LLC, and Norton, LLC, from the late Bill Graham and operators of other concert venues. The collection primarily consists of recordings made from the 1960s to the 2000s.

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