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Category: Distribution

Research on illegal IPTV in EU – Civil enforcement measures, injunctions

Irrespective of establishment of liability, EU law ensures that rights holders have the possibility to apply for an injunction against intermediaries whose services are used by third parties to infringe their Intellectual property rights (IPR).

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If copyright “is not capable of ‘existing independently’ as a work of art, it is not protectable under copyright law

Lanard makes and sells the “Lanard Chalk Pencil,” which is a toy chalk holder designed to look like a pencil. Lanard owns Design Patent, which contains five figures showing a pencil-shaped chalk holder from different angles. Lanard also owns copyright Reg. for a work entitled “Pencil/Chalk Holder.”

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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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The more transformative the new work, the less significance of other factors, like commercialism

Tamita Brown, Glen S. Chapman, and Jason T. Chapman (“Plaintiffs”) are musicians who created the song Fish Sticks n’ Tater Tots (the “Song). In 2017, a documentary film titled Burlesque: Heart of the Glitter Tribe (the “Film”) depicts a group of burlesque dancers in Portland, Oregon, one of whom incorporated the Song in a performance.

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

Imposing transparency obligations on the contractual counterparty of creators

The reporting obligation would greatly decrease the information asymmetry as creators would receive the relevant information on the uses of their works and the corresponding revenues. As a direct impact, the enforcement of contracts would become much easier and effective, particularly in the case of royalty-based remuneration arrangements because the correct payment of remuneration could be verified.

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EU illegal IPTV research – legislative developments

As part of the Digital Single Market strategy, a directive amending the Satellite and Cable Directive has been introduced in 2019. The directive entered into force on 6 June 2019 and must be implemented in Member States’ legislations by 7 June 2021.

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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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EU illegal IPTV research – The protection of broadcast content

Reproduction right and the exception for temporary acts of reproduction

Linear transmission of TV content involves the reproduction of fragments of broadcast at various stages of the technical process. These fragments are temporarily stored in the decoder or in the RAM memory of the computer, depending on the technical means used to transmit the signal, and are created in the end user’s TV screen while watching the broadcast.

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Liability for right choice of license

Can the user see the difference between license for personal use and license for public commercial performance? The court in Germany believes yes, the user should know and realize it, because he’s supposed to be professional. The user acquired a license as additional option to internet access and faced lawsuit from right holder for copyright infringement. The user believes he is not guilty. He has a license and he was told that the license he has acquired is enough to show sport events in his restaurant to all guests. The court did not agree.

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Hiring a third party to exercise the licensee’s rights does not convert that third party into an independent licensee

The appeal held that defendant Office Depot, Inc., did not become a licensee of a Creative Commons license, and become bound by its terms, or otherwise infringe Great Minds’ copyright by making copies of Eureka Math materials for a profit on behalf of school and school district licensees.

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