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Category: Digital Environment

Which clarifications or revisions would be the most beneficial for improving section 512?

First, the Office recommends that Congress clarify the distinction between “actual knowledge” and “red flag knowledge.” Court decisions interpreting the red flag knowledge provision have often required a level of specificity regarding the types of information from which infringing activity is present as to blur the line between actual and red flag knowledge and conflate the existence of either knowledge type with receipt of a takedown notice from a rightsholder.

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Research on illegal IPTV in EU – enforcement measures

Key points:

  • Rights holders can avail of civil enforcement measures against both direct infringers and intermediaries.
  • A wide spectrum of blocking injunctions can be sought against internet access providers to repress IPTV infringements.
  • Internet intermediaries can receive orders to disclose information on infringers; however, disclosure of information on end-users of illegal IPTV services may not be compatible with EU data protection law.
  • Criminal measures are also available in all EU Member States against IPTV infringers on a commercial scale.
  • Import and sale of IPTV devices may be prohibited on the ground of non-compliance with EU standards on radio equipment.

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Section 512 report – general overview of section 512

Secondary Liability

Secondary liability doctrines enable copyright owners to bring claims against third parties that have some relationship to persons who themselves commit infringement (i.e., “direct” infringers). As the Supreme Court has noted, “although ‘the Copyright Act does not expressly render anyone liable for infringement committed by another,’ these doctrines of secondary liability emerged from common law principles and are well established in the law.”

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SWD IA on the EU copyright modernization – impacts of third option for fair remuneration of authors and performers

Imposing transparency obligations on the contractual counterparty of creators supported by a contract adjustment right and a dispute resolution mechanism

I. Contract adjustment mechanism

This mechanism would improve the effectiveness of the reporting obligation under Option 2 since it would provide creators with legal means to request adjustment of the remuneration on the basis of the information received in reporting statements.

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Googles v Google

In 1995, Steven Silvers created the Googles brand. Two years later, he registered the Googles trademark and the internet domain name www.googles.com. The website launched in 1998 as a children’s education and entertainment website. That year, the search engine Google adopted the Google name. Subsequently, in 2005, Silvers sued Google for trademark infringement.

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EU illegal IPTV research – the actors of the illegal IPTV ecosystem

Another part of fundamental EU research on IPTV. Now – actors and ecosystems participants. The ecosystem for unauthorised IPTV includes several actors. They consist of primary infringers (the providers of the unauthorised content), a series of active and passive intermediaries, and final consumers. In addition, a number of facilitators and enablers can also be involved by giving instructions and providing tutorials for the installation of middleware — software instrumental for the fruition of the unauthorised content.

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A copyright owner, who permits a licensee to grant sublicenses, cannot bring an infringement suit against a sublicensee

Stephanie Sinclair, a professional photographer, has brought copyright infringement lawsuit against Mashable and its parent company Ziff Davis, alleging infringement of copyright when Mashable posted one of her copyrighted photographs on its website. She maintains publicly- searchable website to showcase her photographs to potential customers and also maintains an account on Instagram. She has posted one of her photograph to her Instagram account viewable by anyone.

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