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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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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It is standard of quality for many hotels in the world to provide the guests with fast and unlimited access to the Internet, perhaps not always for free and cheap. In many cases hotels conclude agreements with internet-providers.
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Or can the composition of a photograph be the source of originality?
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On a sunny April day in 2007, freelancer Donald Harney snapped a photograph (“the Photo”) of a blond girl in a pink coat riding piggyback on her father’s shoulders as they emerged from a Palm Sunday service in the Beacon Hill section of Boston. Just over a year later, the pair in the Photo became a national media sensation.
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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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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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It was apparent from the documents before the Court that protected works, namely photographs, were made available to users of websites such as Filefactory.com and Imageshack.us without the consent of the copyright holders, but that infringement of copyright was not at issue in the main proceedings.
Comments closedIn 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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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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