Not only Russian copyright, broadcast and digital law
This list highlights prominent and illustrative examples of online and physical marketplaces that reportedly engage in and facilitate substantial piracy and counterfeiting. A goal of the List is to motivate appropriate action by the private sector and governments to reduce piracy and counterfeiting.
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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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This is a case about alleged copyright infringement of photographs of teeth.
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In the recent years, the internet has become the main marketplace for the distribution of and access to copyright protected content, involving a high number of market players and a diversity of business models. While online content services have become essential for the generation of revenues, rightholders face difficulties when seeking to monetise and control the distribution of their content online. There is a growing concern about the sharing of the value generated by some of the new forms of online content distribution.
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A sound recording and the music, lyrics, words, or other underlying content embodied in that recording are separate works. For example, the song “Amazing Grace” and a recording of Aretha Franklin singing “Amazing Grace” are two distinct works. The song itself (i.e., the music and lyrics) is a “musical work.” A recording of that song performed by a particular artist is a “sound recording.”
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Mandatory harmonised exception for preservation purposes by cultural heritage institutions
Impacts on legal certainty for preservation of cultural heritage: This option would be effective for CHIs as all of them (including for example museums and film heritage institutions in all EU MS) would be in the position to carry out preservation reproductions of works in their permanent collections with legal certainty and with digital technologies.
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Additional sounds that have been added to a preexisting sound recording may be registered if there is a sufficient amount of creative and original sound recording authorship in the new sounds.
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In the short term, the situation would not substantially change for CHIs. They would enjoy a narrow or larger space for preservation depending on the MS in which they carry out their preservation activities. Except in cases where MS may update their implementation of the current EU exception for ‘specific acts of reproduction’ to exploit its full space for preservation purposes, legal uncertainty and barriers to preservation will persist to varying degrees in the long term too.
Comments closedA derivative sound recording is a sound recording that is based on preexisting sounds that have been “rearranged, remixed, or otherwise altered in sequence or quality.” Preexisting sounds may include sounds that have been previously published, previously registered, sounds in the public domain, sounds fixed before February 15, 1972, or sounds that are owned by another party.
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Both the RIAA and the NMPA, and their many members, have a shared interest in maintaining strong but not excessive copyright protection, and in helping copyright law develop in ways that clarify the law’s boundaries.
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