Under the baseline scenario, broadcasters would continue facing high transaction costs linked to licensing of rights for cross-border online transmissions, including for their own programmes. Existing voluntary initiatives aimed at promoting the aggregation of rights and the granting of multi-territorial licences could nevertheless contribute to facilitating the clearance of rights for musical works and phonograms used in in radio and TV broadcasts.
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A work of authorship is considered a joint work “if the authors collaborated with each other, or if each of the authors prepared his or her contribution with the knowledge and intention that it would be merged with the contributions of other authors as ‘inseparable or interdependent parts of a unitary whole.’”
Comments closedThis action principally concerns whether critical commentary on a creative video posted on YouTube constitutes copyright infringement. Matt Hosseinzadeh filed action in response to a video created by Ethan and Hila Klein, in which they comment on and criticize Hosseinzadeh’s copyrighted video. The Kleins’ criticism and commentary is interwoven with clips from the Hoss video.
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This appeal presents a single question: does BMI’s Consent Decree prohibit BMI from licensing a fractional interest in the public performance right to a musical work (commonly referred to as “fractional licensing”), when BMI does not control the entirety of the public performance right for that musical work? As demonstrated below, the answer to this question is no.
Comments closedIn 2012, Parliament amended the Copyright Act, RSC 1985, c C-42 to add prohibitions against circumventing technological protection measures (TPMs) and trafficking in circumvention devices. In doing so, Parliament explicitly recognized the importance of TPMs for protecting copyrighted works, particularly in the video game industry.
Comments closedThe Russian courts find out whether quotation is only for textual works or it can be also for images
The case is about quotation of images. One media house (defendant) has published in its articles and on its web-site the photographs of Russian popular blogger Varlamov (plaintiff). Varlamov did not like it and has filed a lawsuit for copyright infringement. He lost the case. The court of first instance ruled it was simple quotation – copyright exception. Varlamov appealed.
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Greg Young is an individual who works in visual art publishing. Beginning in 1992, Young did business under the d/b/a “Greg Young Publishing” (“GYP”). Beginning in 2007, he began using the d/b/a “Greg Young International” (“GYI”). On December 18, 2007, he created GYPI, a California corporation. Young has worked with a number of visual artists. Since 2010, Young has been the licensing agent for Scott Westmoreland, an artist who creates landscape and beach-themed art.
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Kerry Earnhardt is the co-founder and CEO of KEI, the son of Dale Earnhardt (a professional race car driver who passed away in 2001), and the stepson of Teresa Earnhardt. In addition to racing cars professionally from 1992–2006, Kerry Earnhardt has developed other business ventures through KEI, including the EARNHARDT COLLECTION lifestyle brand. KEI has licensed the mark EARNHARDT COLLECTION to Schumacher Homes, Inc. for use in connection with custom home design and construction services.
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The copyright environment consists of three main aspects: rights (what can be protected by copyright) and exceptions (e.g. copies for private use or for public libraries); enforcement of rights (sanctions for making illegal copies and for trading in circumvention devices); and management of rights (exploiting the rights). In the online world, management of rights may be facilitated by the use of technical systems called digital rights management (DRM) systems. The paper sought to provide policy guidance on the use of technology at an important time.
Comments closedOption 3 – Application of country of origin to the clearing of rights for the services covered by Option 2 and for TV and radio-like linear online transmissions (and services ancillary to such transmissions)
This option would cover, in addition to the services covered under Option 2, TV and radio-like linear online transmissions which are not linked to a broadcast but are online only transmissions (webcasting) and services ancillary to the webcast (such as catch-up and previews of the webcasts). The “country of origin” (CoO) rule would apply to such services.
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