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Category: CMO rules

Russian IP court: there is no copyright infringement without IP object

The Russian accredited collecting society (CMO) collecting royalties for copyright in musical works has sued Russian cinema holding, seeking royalties for synchronization right. RAO has proposed cinema holding to conclude agreement for synch right, but the cinema has refused. Therefore RAO has filed suit. In the suit CMO has placed the list of audiovisual works and one author to each relevant AV work.

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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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EU exit UK IP draft regulations

A substantial part of the law on copyright in the UK is derived from EU law. There are 11 EU Directives all of which have been implemented by the UK. The purpose of the Directives is to harmonise the copyright frameworks in Member States, by reducing national discrepancies and maintaining a level of protection which encourages creativity and enables consumers from across the EU to access services.

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IIPA 2018 special 301 report on Russia

The copyright industries have three intellectual property rights (IPR) priorities in Russia, which if properly addressed, could significantly improve the Russian marketplace for copyrighted works and recordings.

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IIPA on Russia’s copyright law implementation and enforcement obligations

The copyright and related rights obligations of the WTO TRIPS Agreement consist of the substantive copyright law and related rights provisions set out in Articles 9 through 14, as well as the enforcement provisions in Articles 41 through 61.

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

Mandatory collective management of rights to retransmission of TV / radio broadcasts by means of any retransmission services, irrespective of the retransmission technology or network used, as long as they are provided to a defined number of users (subscribers, registered users)

Option 2 would enhance the level of legal certainty for the benefit of a wide range of retransmission services – IPTV, OTT, satellite, DTT, mobile – and can be expected to both (i) contribute to a greater variety of such services and (ii) provide an incentive to the retransmission service providers to expand the range of TV / radio channels offered to their subscribers.

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Collective Rights Management: Commission referred Poland to the Court of Justice and closed eight cases

The European Commission decided to refer Poland to the Court of Justice of the EU for failure to notify complete transposition (partial non-transposition) of EU rules on collective management of copyright and related rights, and multi-territorial licensing of rights in musical works for online use (Directive 2014/26/EU) into national law. The Commission called on the Court to impose financial penalty to Poland – € 87 612.00 per day. Member States had to transpose the Directive into national law by 10 April 2016.

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

Option 1 – Mandatory collective management of rights to retransmission of TV / radio broadcasts by means of IPTV and other retransmission services provided over “closed” electronic communications networks

Option 1 would enhance the level of legal certainty for the benefit of a specific category of retransmission services – those provided over “closed” electronic communications networks – and can be expected to contribute to a better offer of such services, depending on market situations in particular MS.

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