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Category: Copyright

Be careful when choosing territory for copyright litigation

In this case, the Welsh Government, a political subdivision of the United Kingdom, and various media companies were accused of using two photographs depicting the poet Dylan Thomas without authorization and in violation of the Copyright Act. Plaintiffs, owners of the copyrights in these photos, are Pablo Star Ltd. and Pablo Star Media Ltd. (“Plaintiffs”) – two related companies that are “organized and registered under the laws of Ireland and the United Kingdom.”

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Consumers’ FAQs on copyright: when you can use a work protected by copyright created by another?

There has been published a very useful guide for consumers and for anyone who is curious about copyright. This guide explains different things, relating to IP rights, in simple way. The project has been commissioned by the European Union intellectual property office.

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Proposal for directive to implement Marrakesh Treaty throughout EU

The Marrakesh Treaty was adopted in 2013 at the WIPO with the aim of facilitating the availability and cross-border exchange of books and other print material in accessible formats around the world. It was signed by the Union in April 2014. The Treaty requires the parties to provide exceptions or limitations to copyright and related rights for the benefit of blind, visually impaired and otherwise print-disabled persons and allows for the cross-border exchange of special format copies of books, including audio books, and other print material between countries that are parties to the Treaty.

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CTIA’s public comment on collective rights management rules review

The market for music performance rights is not competitive and the Consent Decrees continue today to serve important pro-competitive purposes. Direct licensing is an important check on performance rights organization (“PRO”) market power under the Consent Decrees, but it cannot replace the Consent Decrees due to the high market concentration of the major music publishers and the lack of competition among them.

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Draft proposal for a directive on copyright in DSM – the licencing mechanisms

For reasons of international comity, the licencing mechanisms for the digitisation and dissemination of out-of-commerce works provided for in this Directive should not apply to works or other subject-matter that are first published or, in the absence of publication, first broadcast in a third country or, in the case of cinematographic or audiovisual works, to works the producer of which has his headquarters or habitual residence in a third country.

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It was proposed to shift Russian private copying levy to customers

Importers and manufacturers of taxable equipment must pay private copying levy under current Russian law. They don’t like it. They don’t understand why they must pay this levy if only customers make copies of content, only customers make harm to right holders, manufacturers only produce and importers only import equipment capable of copying.

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First injunction against ISP in respect of illegal streaming servers in UK

“FAPL” is the governing body of the football competition known as the Premier League. FAPL owns the copyright in films comprising television footage of all Premier League matches, and in artistic works which appear within that footage. By its claim FAPL sought an injunction against the six main retail internet service providers (“ISPs”) in the United Kingdom pursuant to section 97A of the CDPA 1988, which implements Article 8(3) of the Information Society Directive, requiring the defendants in this case to take measures to block, or at least impede, access by their customers to streaming servers which deliver infringing live streams of Premier League footage to UK consumers.

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Speculation is not enough for triable issue of access in copyright infringement case

Will Loomis, composer of the song “Bright Red Chords,” alleged that the defendants stole a two-measure vocal melody and used it as the theme for the verse melody in their hit song “Domino.” The panel held that Loomis did not put forth any potentially admissible evidence to establish that the Domino songwriters had access to Bright Red Chords, either on a chain-of-events theory or a widespread-dissemination theory. Accordingly, he failed to establish copyright infringement.

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