“This decision is significant insofar as it should impact the legislative process regarding the Proposed Directive “on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses.”
On April 12, 2013, the General Court of the European Union ended a 5 year wait and delivered its judgement in Case T–442/08 CISAC v. European Commission (CISAC 2013), as well as in twenty-two other related cases involving a like number of European collecting societies (see Press release No 43/13). In it the Court partially annulled the Commission’s decision of July 16, 2008 (CISAC 2008). This blog post will focus on the CISAC 2013 decision [...]
Private copying (PC) levies have for long been one of the most hotly debated topics in EU copyright law and policy. It is a common area for discussion between rightholders, collective rights management organizations (CMOs), the Consumer Electronics/ICT industries and even consumer representative associations. At the EU level, PC levies have been on the harmonization agenda since the 1988 Green Paper on Copyright and the Challenge of Technology and, following stakeholder consultations (in 2006 and 2008) and the 2011 IPR Strategy, remain an “on-going initiative” of D.G. MARKT. The latest instalment in this saga was the appointment of Mr. António Vitorino (picture, left, with EU Commissi [...]
On January 5, 2011, representatives of ACAPOR (a Portuguese association representing commercial retailers of cultural and entertainment works), wearing t-shirts with the slogans “piracy is illegal” and “1000 complaints per month”, filed a petition with the Prosecutor General’s Office (“PGO”) giving notice of the practice of 1000 acts of alleged usurpation of authors’ rights via peer-to-peer (“p2p”) networks by unknown individuals. Said petition was supplemented in April 2011, with notice of a further 1.000 acts.
Following an Opinion by the PGO (“PGO Opinion”), the Department of Investigation and Penal Action (“DIAP”) of Lisbon decided not to file any criminal char [...]
On July 11 the European Commission published its first official draft of the Proposal for a Directive “on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market” (the “Proposal”). This blog post is Part II of an analysis of the Proposal. Part I addressed its background, overview, and looked at its general rules on subject matter, scope and Collective Management Organizations (“CMOs”). This Part II discusses multi-territorial licensing (“MTL”) and enforcement measures.
MTL of musical works to author’s CMOs
Title III of the draft Directive constitutes an “absolute novelty from a [...]
On July 11 the European Commission published its first official draft of the Proposal for a Directive “on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market” (the “Proposal”). According to the Commission’s Press Release, the Proposal’s two complementary objectives are those of promoting “greater transparency and improved governance of collecting societies through strengthened reporting obligations and rightholders’ control over their activities”(thus incentivizing the creating of superior services) and encouraging and facilitating “multi-territorial and multi-repertoire li [...]