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Month: January 2018

Vitorino’s recommendations on private copying and reprography levies

Published 31st January 2018

Some stakeholders have put forward ideas to replace the current hardware based levy systems with other forms of fair compensation. But, the alternatives that were put forward have not been sufficiently worked out in detail, and therefore do not justify the “phasing out” of hardware based levies in the immediate future. In particular, the link between the persons causing the harm and benefitting from the exception and the persons financing a system of fair compensation should not be severed.

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SWD IA on EU copyright modernisation – impacts of first option for digital retransmission

Published 30th January 2018

Option 1 – Mandatory collective management of rights to retransmission of TV / radio broadcasts by means of IPTV and other retransmission services provided over “closed” electronic communications networks

Option 1 would enhance the level of legal certainty for the benefit of a specific category of retransmission services – those provided over “closed” electronic communications networks – and can be expected to contribute to a better offer of such services, depending on market situations in particular MS.

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Some interesting things in Term Directive 2011/77/EU

Published 29th January 2018

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

Published 29th January 2018

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?

Published 26th January 2018

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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How to regulate private copying levy in EU?

Published 25th January 2018

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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Fair use of books in institutes of higher education

Published 25th January 2018

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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