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The UK Consults on the Collective Rights Management Directive

By Jeremy Blum and Jade McIntyre, Bristows

Blum_Jeremy2 The EU Directive on the collective management of copyright and multi-territorial licensing of online music (“the Directive”), published on 26 February 2014, entered into force on 10 April 2014 and must be transposed into national law by 10 April 2016. The policy underpinning the Directive is part of the European Commission’s ‘Digital Agenda for Europe’ and the ‘Europe 2020’ strategy for ‘smart, sustainable and inclusive growth’.

The purpose of the Directive is to:

  • Modernise and improve standards of governance, financial management and transparency of all EU collective management organisations (CMOs), so that rights-holders have [...]
Update on the UK Private Copying Exception

Blum_Jeremy2We reported here last month that the private copying exception, which took effect on 1 October 2014 as s.28B of the Copyright, Designs and Patents Act, was declared unlawful by the High Court. The court found that the evidence relied on by the government in order to introduce the exception without also providing a means of “fair compensation” to rights holders was flawed.

In a follow-up judgment, available here, the High Court formally quashed the regulations which created the private copying exception following further submissions from the parties.

Perhaps surprisingly, the regulation was quashed with the agreement of the UK government. The Secretary of State stated that the government [...]

Private Copying, an Institution Shaped by the Courts

Pablo HernandezThe progressive breakdown of the legal system regulating compensatory remuneration for private copying has given rise to some unusual cases.  We consider this to be true of a Spanish Supreme Court judgment of 6 March 2015 which had to rule on whether mobile telephones and memory cards were subject to compensatory remuneration payment, the amount of that payment and the application of the Padawan doctrine.  The legislation on which the court was to base its findings was shaky and limited to the general principle governing devices suitable for making recordings.  In view of this, the court had to decide on the royalty payable and the Padawan effect on such devices where the damages exceeded [...]

UK Private Copying Exception ruled illegal

Savvides_TheoIn October 2014 the government introduced a series of changes to the UK’s copyright regime. One change, key to the objective of making copyright law better suited to the digital age, was the introduction of a private copying exception. That exception is now in jeopardy following a successful challenge by the music industry. For the exception to survive ,the government will either have to introduce some form of compensation scheme, or produce evidence which supports its initial conclusion that private copying will cause no more than de minimis harm to copyright owners.

Background

On 1 October 2014, a number of changes were made to the UK copyright regime in the form of new exceptions to c [...]

Report by the US Copyright Office on Orphan Works and Mass Digitization

J AxhamnOn June 4th, the US Copyright Office published a report on Orphan Works and Mass Digitization. The report addresses two situations where the current US copyright system may not fulfill its aim to “promote the Progress of Science”: orphan works and mass-digitization. As regards orphan works, the Office notes that a user’s ability to seek permission or to negotiate licensing terms is compromised by the fact that, despite his or her diligent efforts, the user cannot identify or locate the copyright owner. As regards mass digitization – which involves making reproductions of many works, as well as possible efforts to make the works publicly accessible – the Office observes that obtaini [...]

Ireland: Playboy v. EMN, High Court of Ireland, 2014 207 P, 19 February 2015

The plaintiff alleged infringement under the Copyright and Related Rights Act 2000 (CRRA 2000), breach of trademark, breach of contract, breach of moral rights, breach of confidence and interference with economic relations. The court held that under the statutory claim (s37 and S40 of the CRRA 2000) it is incumbent on the plaintiff to sufficiently mirror the language of the act.  The defendant is entitled to know under what part of the act the claim arises and whether any of the forms of making available under s40 have occurred. The plaintiff was ordered to submit the exclusive licence that it claimed in the works concerned and to reframe their submission using the language of the CRRA 20 [...]

Copyright in the new Belgian Code of Economic Law: codification and new regulation

The Belgian legal order has recently welcomed a new legal code:  the Code of Economic Law (CEL).  Laws are not systematically arranged in codes in Belgium: there are some codes (such as the judicial code, the criminal code, codes of various types of taxes etc.) as well as countless separate laws, acts and regulations for its many levels of governance.  Now we have a Code of Economic Law (here in Dutch and in French), which is meant to gather in one volume various regulations pertaining to the field of “economic law”, such as competition law, consumer protection, product and service safety, e-commerce, banking and finance, specific enforcement proceedings, etc.

The Code of Economic La [...]

EU Digital Single Market copyright law: “Impressionist”, but not impressive

RENOIROn May 6th, 2015 the European Commission revealed its eagerly anticipated plans for the EU digital single market. The EU Digital Market strategy, which aims to open up digital opportunities for individuals and businesses and enhance Europe’s position as a world leader in the digital economy, is built on three pillars: (1) better access for consumers and businesses to digital goods and services across Europe; (2) creating the right conditions and a level playing field for digital networks and innovative services to flourish; and (3) maximising the growth potential of the digital economy.

As far as copyright law is concerned, the EU digital single market initiative has rapidly emerged as a new [...]

Blocking Marrakesh: an argument based on a house of cards

Ana-Ramalho Back in April 2014, following the Council’s authorization, the EU signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (“Marrakesh Treaty”). Under the Treaty, parties are to adopt copyright exceptions to facilitate access to formats of works accessible to persons who are blind, visually impaired, or print disabled. Countries must moreover provide for the cross-border exchange of accessible-format works.

There were however no less than 7 Member States that considered that the Treaty fell under an area of shared competence between the EU and the Member States. According to the opposing Member State [...]

France: Apple Distribution International, Conseil d’Etat, 358734, 19 November 2014

In this judgment, the French Supreme administrative Court, the Conseil d’Etat, confirms the validity of a decision taken on 9 February 2012 by the Commission in charge of setting the compensation for private copying. This decision adopted the new tariffs applicable for recording media subject to the remuneration for private copying, including portable media players, external hard drives, smartphones and tablet computers.

A full summary of this case has been published on Kluwer IP Law.

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