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Category: Internet

How you can lose your art thanks to Internet

Wolk, an independent artist of fantasy images and sports art, licenses her images through an exclusive licensing agent. Some of the images can consume as much as a year of Wolk’s professional time to create and produce in final form. The sole source of income for Wolk is the sale or licensing of her art, and Wolk runs an online store that exclusively sells her art. Photobucket is a photo-sharing ISP that operates a website located at www.photobucket.com.

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GS Media v Sanoma – observations of the parties in court

In the view of the Portuguese Republic, the person who makes the work directly available to the public and who therefore effects an ‘act of communication’ within the meaning of Article 3(1) of Directive 2001/29 is the person who places the work on the server from which the internet user is able to access it. The Portuguese Republic submits that it is not the ‘hyperlinker’ — who merely makes a secondary or indirect ‘communication’ — that ensures that ‘members of the public may access [the works] from a place and at a time individually chosen by them’. The act which actually produces that effect is undertaken by the person who effected the initial communication.

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Viacom-Google battle

YouTube, owned by Google, operates a website onto which users may upload video files free of charge. Uploaded files are copied and formatted by YouTube’s computer systems, and then made available for viewing on YouTube. Plaintiffs claimed that “Defendants had ‘actual knowledge’ and were ‘aware of facts or circumstances from which infringing activity was apparent,’ but failed to do anything about it.”

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Cavada’s report on the online distribution of audiovisual works in the EU

Digital services, such as video streaming, should be made available to all EU citizens irrespective of the Member State in which they are located; it should to call on the Commission to request that European digital companies remove geographical controls (e.g. IP address blocking) across the Union and allow the purchase of digital services from outside the consumer’s Member State of origin.

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UK consultation on cross-border portability of online content services

Regulation 2017/1128 of the European Parliament and of the Council on cross-border portability of online content services in the internal market (the “Portability Regulation”) comes into force in the United Kingdom on 1 April (Article 11 of the Regulation). The Regulation is designed to make it easier for consumers who live in the European Union (EU) to access online content services they subscribe to (for example, television, film and music subscription services) when they are temporarily located in another Member State of the EU (Article 1.1). This could be, for example, when on holiday or travelling on business.

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GS Media v Sanoma and others – background

Sanoma, the publisher of the monthly magazine Playboy, commissioned a photographer, Mr Hermès, to conduct a photoshoot of Ms Dekker. Ms Dekker appears regularly in television programmes in the Netherlands. The photographer gave Sanoma full power of attorney to represent him for purposes of protection and enforcement of his intellectual property rights arising from the aforementioned commission.

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