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CJEU in OSA: a victory for right holders against free use and of CMOs against the European Commission?

Sylvie-Nérisson“The answers from Luxembourg were much awaited not only due to the questions being interesting as such, but also because academia, the European Commission and the CJEU do not see eye to eye on these currently highly debated issues.”

In response to questions lodged by a Czech court (Krajský soud v Plzni) in a preliminary ruling procedure ( C‑351/12), the Court of Justice of the European Union decided earlier this year that there is no flexibility in the interpretation of the Infosoc directive (2001/29/EC) regarding limitations and exceptions to exclusive rights (points 40-41) and that the statutory monopoly position of a CMO complies with the requirements of the Services directive (200 [...]

Dutch Supreme Court: Cable retransmission has ended, but the levy might be reintroduced

DVisserImportant ruling by Dutch Supreme Court on cable retransmission, film copyright and collective management of rights

Guest blog by Prof. Dr D.J.G. Visser, Institute for Private Law, Leiden University 

“This could well mean that several Dutch collecting societies, in particular those representing actors, screenwriters and directors (Norma, Lira and Vevam) can no longer claim remuneration for cable (re)transmission of programs broadcast by Dutch broadcasters.”

The cable distribution of Dutch television programs as it currently takes place in The Netherlands is no longer a ‘cable retransmission’ in the sense of the EU Satellite and Cable (SatCab) Directive, because it is no longer precede [...]

France solves its XXe century book problem!

Without much noise, France recently adopted Act Nr. 2012-287 of 1st March 2012 relating to the digital exploitation of unavailable books of the 20th century. Contrary to past initiatives from the French lawmaker, the Act does not relate to orphan works, but rather to out-of-commerce works. Or, more precisely: books.

According to the explanatory memorandum to the Proposal, France is the first country in the world to put in place a modern and efficient mechanism to regulate the use of unavailable works, which forms today’s biggest obstacle to the digitization of cultural heritage. The French solution is presented as offering a response to the rejected Google settlement in the United States.

W [...]

Music broadcasting at the dentist’s and in hotel rooms. CJEU clarifies “communication to the public”

On 15 March 2012 the CJEU has ruled two cases where it had been asked to decide whether producers of phonograms (or the collecting society on their behalf) are entitled to obtain equitable remuneration when a user allows its clients to hear the phonogram by way of background music in a place subject to his control.

The first case, referred by the Court of Appeal of Turin (Italy), involved Società Consortile Fonografici (SCF), the Italian society that collects and distributes to artists and phonogram producers the royalties for the use in public of recorded music, and Mr. Marco Del Corso, a dentist who used to broadcast background music from the radio in the waiting room of his private denta [...]

The legal monopoly of Hungarian CMO’s will be abolished

By dr. Anikó Grad-Gyenge, Károli University of Budapest

Only the final voting is needed for passing the amendment of copyright law in Hungary, which is intended to abolish the legal monopoly of collective rights management organisations (CMOs). This amendment might seem surprising after the infringement procedure launched by the European Commission in this question against Hungary appeared to have come to a ‘standstill’ in 2009.

In the actual system only one CMO is to be registered for the same right of the same rightholder group. Therefore today composers’ rights are managed by Artisjus (collective rights management society of literary and music authors), performers’ rights by the [...]

NL: Lending rights. Court of Appeal The Hague (Leenrecht / VOB)

Court of Appeal The Hague, 28 June 2011,  Stichting Leenrecht v. VOB

Lending rights. Plaintiff, the Dutch Association for Lending Rights, argues that an extended loan of library books should be considered a new loan and that therefore public lending rights are due. The Court of Appeal The Hague disagrees and concludes by referring to the rental and lending right directive that an extension cannot be considered to be a new communication to the public. The extension is part of the original loan, not a new loan and payment of a new remuneration for the extension period is therefore not due.

For the full text of this case click here.

A summary of this case will be posted on www.KluwerIPCases.co [...]

UK: CSC/Video Performance (Court of Appeal), 27 may 2011

CSC Media GroupUK: CSC Media Group Ltd v. Video Performance Ltd, Court of Appeal Civil Division, 27 May 2011.

Collective management: The Court of Appeal reversed the High Court’s judgement and reinstated the decision of the Copyright Tribunal in respect of the royalty rate payable by CSC Media Group to Video Performance Limited (VPL) for the use of music videos on its music television channels. The Copyright Tribunal issued a decision and order, that royalty payable by CSC to VPL should be 12.5% of CSC’s gross revenue. The High Court, to which the matter was referred by VPL, ruled that the Copyright Tribunal erred in determining the royalty and remitted the case to a differently constituted tribunal for re [...]

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