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Category: Royalties

SWD IA on the EU copyright modernization – impacts of second option for fair remuneration of authors and performers

Imposing transparency obligations on the contractual counterparty of creators

The reporting obligation would greatly decrease the information asymmetry as creators would receive the relevant information on the uses of their works and the corresponding revenues. As a direct impact, the enforcement of contracts would become much easier and effective, particularly in the case of royalty-based remuneration arrangements because the correct payment of remuneration could be verified.

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SWD IA on the EU copyright modernization – impacts of baseline and first option for fair remuneration of authors and performers


The problem of information asymmetry is not likely to be resolved by market developments, including self-regulation, or MS legislation. Problems for creators as regards lack of information on the exploitation and revenues generated by their works will continue in a number of MS and the cross-border aspects of the problem will not be addressed.

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IP court: making available is different from public performance

The Russian television channel (The First Channel) produces a television program famous in Russia. The program is called “What? Where? When?” where the experts answers the questions asked by the viewers. The program consists of certain amount of rounds. Between these rounds there is musical pause. In one episode of this program, during musical pause, the group of musicians has performed the song. The programs has been broadcasted and then uploaded to the web-site of the channel.

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Russian IP court: there is no copyright infringement without IP object

The Russian accredited collecting society (CMO) collecting royalties for copyright in musical works has sued Russian cinema holding, seeking royalties for synchronization right. RAO has proposed cinema holding to conclude agreement for synch right, but the cinema has refused. Therefore RAO has filed suit. In the suit CMO has placed the list of audiovisual works and one author to each relevant AV work.

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Impact assessment on the modernisation of EU copyright rules – rights in publications

Publishers are increasingly facing difficulties in relation to the digital exploitation of, and the enforcement of rights in, press publications such as newspapers and magazines. The changes to the way copyright-protected content is distributed and consumed in the digital environment have affected press publications in a specific way. The publishing industry is in the middle of a shift from print to digital.

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How to choose between actual or statutory damages – simply inform the court

When Robert Smith (aka Bigg Robb) recorded his song Looking for a Country Girl, he probably was not looking for a legal battle, too. But Bernard Thomas (aka Bishop Bullwinkle) copied the beat from Smith’s song to make a new one – called Hell 2 Da Naw Naw – and suddenly became famous. Understandably upset at his work being copied, Smith informed Thomas of the issue and attempted to negotiate a resolution. When that failed, he sued and won.

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Meeting with celebrity is not consideration for copyright assignment

Fraser Munden and Michael Glasz are professional filmmakers specialized in documentary filmmaking. They operate a production company under the name Thoroughbred Pictures Inc. which was incorporated in 2013. Fraser is responsible for the creative works and Michael is responsible for the administration of the company. Alexandre Choko, is a real estate agent who, at all relevant times herein, was a boxing promoter, author of a published work entitled “The Future of Boxing” and boxer.

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USA copyright office should help Russian cinemas to avoid payment of royalties for synch right

Russian collective management society this year has sued different cinemas for non-payment of royalties for synchronization right. According to current Russian law the Russian Authors Society has received state accreditation for collecting of royalties for synch right. State accreditation in collective management of rights means the holder of such accreditation can collect royalties in the name of right holders, who even did not provide authority to do it.

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Russian audiovisual right holders made online cinemas to use third party system of reporting

Online distribution of audio-visual content in Russia plays prominent and leading role in Russian internal market. The right holders take online distribution very seriously because it makes money even when the movie is not shown in cinemas. Anyway, the right holders are not happy with statistics provided by the online cinemas. On the basis of this statistics the cinemas calculate royalties and pay them to right holders. Right holders want statistics from the third party.

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RMLC and TMLC on collective rights management rules review

The producers and syndicators of programming obtain and license to the stations with which they contract all of the copyright and other rights necessary to broadcast the programming (including those for creative inputs such as a script, choreography, acting and directing), with the sole exception of the non-dramatic public performance rights to the copyrighted music therein.

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