Società Consortile Fonografici (SCF) is a copyright management society for Italy and abroad. It represents performers and phonogram producers. SCF conducted negotiations with the Associazione Dentisti Italiani (Association of Italian Dentists) with a view to concluding a collective agreement quantifying the relevant equitable remuneration within the meaning of Articles 73 or 73a of the Law on copyright for the communication of phonograms, including distribution in private professional practices whatever the technique used.
Comments closedCategory: EU
On 24 June 2004, the Société belge des auteurs compositeurs et éditeurs (SABAM) brought interlocutory proceedings pursuant to the Belgian Law of 30 June 1994 on copyright and related rights before the President of the tribunal de première instance de Bruxelles (Court of First Instance, Brussels) seeking an injunction against Scarlet Extended SA, an ISP.
Comments closedWhat does it mean to be open online?
“Sometimes, sure, creators give their work out for free and get their reward in other ways. Other times, the best way for creators to profit is to charge for access to their work. That’s not a limitation on freedom or openness, any more than paying for a newspaper is.
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The IPRED evaluation (de) indicated that rules on reimbursing legal costs differ across the EU and are in some situations insufficient to cover the full costs incurred by the successful party. According to Article 14 of the Directive, the reasonable and proportionate legal costs and other expenses incurred by the successful party are to be borne by the unsuccessful party, unless equity does not allow it. The principle on reimbursing legal costs expressed in Article 14 applies to all types of legal proceedings covered by the Directive, i.e. proceedings on infringement of IPR.
Comments closedThe core difference between Options 2 and 3 is that Option 3 also covers online linear TV and radio-like transmissions (webcasting services) and online services ancillary to webcasting. One general challenge in assessing impacts of this option is the fact that webcasting market (in the sense of online-only, linear TV or radio-like services) is at a development stage and not yet fully formed.
Comments closedTaking into consideration the rights of blind, visually impaired or otherwise print-disabled persons as recognised in the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the United Nations Convention on the Rights of Persons with Disabilities (the ʻUNCRPDʼ), measures should be taken to increase the availability of books and other printed material in accessible formats, and to improve their circulation in the internal market.
Comments closedSABAM is a management company which represents authors, composers and publishers of musical works. On that basis, it is responsible for, inter alia, authorising the use by third parties of copyright-protected works of those authors, composers and publishers. Netlog runs an online social networking platform where every person who registers acquires a personal space known as a ‘profile’ which the user can complete himself and which becomes available globally.
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SABAM is a management company which represents authors, composers and editors of musical works in authorising the use of their copyright-protected works by third parties. Scarlet is an internet service provider (“ISP”) which provides its customers with access to the internet without offering other services such as downloading or file sharing.
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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.
Comments closedThis option would simplify the clearance of rights needed for cross-border online transmissions: broadcasters would only need to clear the rights for the country of origin while they would be able to offer their services in the entire EU. However, Option 2 entails a limited risk of disaggregation of repertoire currently managed by CMOs, which would have a negative effect on transaction costs (broadcasters would have to negotiate with individual rightholders instead of CMOs).
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