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Category: Royalties

Russian authors’ society filed suit against music festival Nashestvie for missing royalties

Russian authors’ society, the Russian collective management organisation, having state accreditation for collection and distribution of royalties for public performance right in offline environment, has filed a suit against organizer of music festival Nashestvie 2018 for unpaid royalties.

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Estonian’s Option B of article 11 for DSM copyright directive

Presumption for publishers of press publications

Press publications contain mostly literary works but increasingly include other types of works and subject-matter, notably photographs and videos. Due to the large number of authors and rightholders involved in the creation of a press publication, licensing and enforcement of the rights in press publications are often complex and inefficient in the digital environment. Publishers may notably face difficulties when proving that they have been transferred or licensed the rights in such works and other subject-matter for the purposes of concluding licences or enforcing the rights in respect of their press publications.

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Sony/ATV music publishing on collective rights management rules review

Sony/ATV respectfully submits that the Consent Decrees should clarify, whether by amendment or otherwise, that each copyright owner (i.e., a music publisher) may, in its discretion, designate particular types of users or uses that the owner will authorize ASCAP or BMI (as the case may be) to include in their respective collective licenses, with the copyright owners exclusively reserving the right for themselves to license such rights to all other users or uses. ASCAP and BMI also should be required, on a nondiscriminatory basis, to accept these limited grants of public performance rights from copyright owners.

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Andrey Krichevsky, CEO of Russian accredited CMO, about collective management in Russia

Andrey Krichevsky gave to Russian media house “Kommersant” interview. During the conversation with journalist he explained his position and vision of collective management in Russia, his experience and perspectives in development of music business in generally. Below are his main thoughts, and, believe, they have been translated very correctly.

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The matter of proper licensing: ABKCO Music v Sagan

This copyright infringement case concerns a collection of live audio and audiovisual recordings of iconic songs that were recorded while being performed live in concert and thereafter acquired by defendants William E. Sagan, Bill Graham Archives, LLC, and Norton, LLC, from the late Bill Graham and operators of other concert venues. The collection primarily consists of recordings made from the 1960s to the 2000s.

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Some interesting things in Term Directive 2011/77/EU

This directive should make the life and welfare of certain creative persons better. The Member States had to bring their national legislation in accordance with provisions of this directive. Intellectual property office of United Kingdom has organised consultation on the implementation of Directive 2011/77/EU Amending Directive 2006/116/EC. In this consultation paper the very interesting things can be found.

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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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How to regulate private copying levy in EU?

What proposes draft report (de) by Françoise Castex and why

Why

Cultural content plays a pivotal role in the digital economy. Digitisation is having a huge impact on the way in which cultural goods are being produced, distributed, marketed and consumed, and lower distribution costs and the appearance of new distribution channels can facilitate access to creative works and culture and improve the circulation of those works around the world. The implementation of exclusive rights does not guarantee all rightholders, and in particular performance artists, a fair and proportional share of revenue arising from the use of their works. Despite permanent access to online works, downloading, storage and private copying for offline use is continuing, a private copying levy system cannot therefore be replaced by a licencing system.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: copies made in the context of licensed services

Usually, a service provider acquires a licence from the rightholder that covers all copyright relevant acts involved in the provision of the service, including the reproduction of copyright protected content by the end user. Such licensing agreements also reflect the view and the expectations of the end user.

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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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