Enforcement | Dekuzu

Some of ideal business schemes can damage the interests of copyright holders

Published 21st December 2017

Robertson founded MP3tunes in February 2005 and launched the website MP3tunes.com to sell independent artists’ songs in the mp3 file format. In the fall of 2005, MP3tunes added a storage service allowing users to store music files in personal online storage “lockers.” Songs uploaded to a user’s locker could be played and downloaded through any internet-enabled device. There are free lockers with limited storage space and premium lockers with expanded storage for a subscription fee.

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New technologies allow “to rent DVD” through the Internet

Published 20th December 2017

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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Guidance on IPRED Directive – moral damages and setting damages as a lump sum

Published 18th December 2017

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.

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How newspapers protect their copyright interests in a digital world?

Published 16th December 2017

Newspaper Licensing Agency (“NLA”) is a company formed to manage the intellectual property rights of its members by licensing, and collecting the licensing fees for, making copies of newspaper content and for these purposes has promulgated various licensing schemes. NLA was formed in 1995, primarily with a view to licensing press cuttings agencies to make copies of newspaper articles to send to their clients and to license the clients to make their own copies.

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Retrospective: The Supreme Court of England: first injunction against service provider

Published 15th December 2017

The six well-know studios (Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment INC., Paramount Pictures Corporation, Disney Enterprises, INC., Columbia Pictures Industries, INC.) sued Newzbin Limited for infringement of copyright arising from the operation of a website called Newzbin on a world wide internet discussion system called Usenet.

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Guidance on IPRED Directive – calculating damages

Published 14th December 2017

Member States are required to enable the competent judicial authorities to order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity to pay the rightholder damages appropriate to the actual prejudice suffered by him as a result of the infringement. Where the infringer acted not knowingly, or without reasonable grounds to know, Member States have the possibility to enable the judicial authorities to order the recovery of profits or the payment of damages, which may be pre-established.

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In Russia can appear a list of online stores which have the right to operate there

Published 7th December 2017

Russian watchdog, protecting consumers’ rights and interests, proposed to make a list of online stores, which can operate in Russia. Such list would be some kind of registry, containing the web-sites having the rights to operate in Russia. New proposal concerns not only Russian online stores, but also foreign.

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A balanced IP enforcement system responding to today’s societal challenges

Published 5th December 2017

Efficient, well-designed and balanced intellectual property (IP) systems are a key lever to promote investment in innovation and growth. Intellectual Property Rights (IPRs) are one of the principal means through which companies, creators and inventors generate returns on their investment in knowledge and creation.

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Guidance on certain aspects of Directive 2004/48/EC on the enforcement of intellectual property rights

Published 4th December 2017

Intellectual property rights (‘IPR’) protect intangible assets, allowing creators, inventors and artists to profit from their creative and innovative activities. Intangible assets account for more than half the value of companies, and their importance is growing. In a world where EU companies are increasingly competing on innovation, creativity and quality, intellectual property (‘IP’) is a powerful tool for growing the competitiveness of all companies, including small- and medium-sized enterprises (‘SMEs’).

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Nintendo has won more than 11 mln in circumvention and copyright infringement case

Published 27th November 2017

In 2012, Parliament amended the Copyright Act, RSC 1985, c C-42 to add prohibitions against circumventing technological protection measures (TPMs) and trafficking in circumvention devices. In doing so, Parliament explicitly recognized the importance of TPMs for protecting copyrighted works, particularly in the video game industry.

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Category: Enforcement