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Category: Intellectual property

Proposal for directive to implement Marrakesh Treaty throughout EU

Published 28th March 2017

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

Published 20th March 2017

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

Published 17th March 2017

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

Published 16th March 2017

“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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Public comment by National Cable & Telecommunications Association on review of collective rights management rules

Published 14th March 2017

From the perspective of providers of audio-visual television programming, the Consent Decrees continue to serve very important purposes, acting as safeguards to constrain ASCAP’s and BMI’s substantial market leverage, while providing a framework that facilitates licenses for program providers and fair compensation for music creators.

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Music Community’s joint supplemental comments on implementation of safe harbour provisions in USA

Published 9th March 2017

Many service providers readily claim in their comments that the DMCA safe harbors, as interpreted by the courts and certain advocates, give service providers blanket immunity from damages liability for copyright infringement as long as they respond to takedown notices and terminate users they deem to be repeat infringers.

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