One of the Moscow prosecutor offices has officially mentioned violation of law committed by Russian cartoon studio Souzmultfilm. Studio has concluded two deals with Danone totally on half billion Russian Roubles without prior approval of government.
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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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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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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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A difficulty in calculating damages has been reported when there is the possibility to obtain compensation for the moral prejudice suffered. In this regard Article 13(1)(a) of IPRED is clear, as it expressly mentions that other elements than economic factors, such as the moral prejudice caused to the rightholder by the infringement, can be one of the ‘appropriate aspects’ to be taken into account when setting the damages in accordance with the method provided for in this provision.
Comments closedThis option would simplify the clearance of rights needed for cross-border online transmissions: broadcasters would only need to clear the rights for the country of origin while they would be able to offer their services in the entire EU. However, Option 2 entails a limited risk of disaggregation of repertoire currently managed by CMOs, which would have a negative effect on transaction costs (broadcasters would have to negotiate with individual rightholders instead of CMOs).
Comments closedThe Copyright Act defines a derivative work as “a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgement, condensation, or any other form in which a work may be recast, transformed, or adapted.” The statute also states that “a work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a ‘derivative work.’”
Comments closedMichel 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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Elmo Shropshire, who also goes by a stage name of “Dr. Elmo,” is known for his performance of the song “Grandma Got Run Over By A Reindeer” (“Grandma song”). The copyright to the underlying musical composition of the song is co-owned by d/b/a Elmo Publishing and by Patricia Trigg, d/b/a Kris Publishing. Elmo Shropshire, plaintiff, alleges that in or about December 2007, Aubrey Canning posted a video on YouTube, which combined Christmas-related pictures with audio of a Canadian musical group, “The Irish Rovers”, singing the Grandma song.
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Liberty Media Holdings (“Liberty Media”) is the registered owner of the copyright to numerous adult films. It alleged that thirty-eight entities (collectively “Does 1- 38” ), identified only by their IP addresses, infringed upon its copyrighted motion picture, “Corbin Fisher Amateur College Men Down on the Farm” (the “Motion Picture”), by reproducing and widely distributing the Motion Picture over the Internet.
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