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Category: Litigation

Do street musicians have to pay VAT from donations made by passers-by

It appears from the case-file that Mr Tolsma plays a barrel organ on the public highway in the Netherlands. During his musical performance he offers passers-by a collecting tin for their donations; he also sometimes knocks on the door of houses and shops to ask for donations, but without being able to claim any remuneration by right.

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Perfect 10 v Yandex

Plaintiff Perfect 10, Inc., a California corporation, creates copyrighted adult entertainment products, including photographs. Perfect 10 owns and operates the subscription-based internet website perfect10.com. Defendant Yandex N.V., a Dutch holding company headquartered in the Netherlands, owns a family of companies under the “Yandex” brand. It does not itself own or operate any internet search engines or websites that host user-generated content. It manages its investments, including its subsidiaries, defendants Yandex LLC and Yandex Inc.

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Download of a musical work does not constitute a public performance of that work

A blanket license is a license that gives the licensee the right to perform all of the works in the repertory for a single stated fee that does not vary depending on how much music from the repertory the licensee actually uses. ASCAP licenses the non-dramatic, public performance rights in copyrighted musical works. ASCAP licenses approximately 45% of all of the musical works that are played on-line.

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What means communication to the public in Directive 2001/29?

Between May 2004 and September 2007, Globus Circus, in its capacity as organiser of circus and cabaret performances, publicly disseminated musical works for commercial purposes without obtaining a ‘non-exclusive’ licence from UCMR – ADA (collective management organisation which handles music copyright) and without paying the appropriate copyright fees. On the view that Globus Circus had infringed its rights, UCMR – ADA brought proceedings before Tribunalul Bucureşti (District Court of Bucharest).

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Fair use of books in institutes of higher education

In this case plaintiffs, consisting of individuals and associational organizations, assert claims for copyright infringement for the alleged unauthorized reproduction and distribution of books owned by the Universities. Defendants have entered into agreements with Google, Inc. (“Google”), that allow Google to create digital copies of works in the Universities’ libraries in exchange for which Google provides digital copies to defendants (the “Mass Digitization Project” or “MDP”).

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The case when communication to the public is without intention to make profit

SCF, both within and outside Italy, manages, collects and distributes the royalties of its associated phonogram producers. SCF conducted negotiations with the Association of Italian Dentists with a view to concluding a collective agreement quantifying the relevant equitable remuneration for any ‘communication to the public’ of phonograms, including such communication in private professional practices.

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