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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Category Archives: Entertainment & Content

Posted in Defamation, Entertainment & Content

USA: Libel by Blog and International Enforcement of Libel Judgments

Recently, there have been several developments in free speech protections in the United States and the United Kingdom.  In a case of first impression in the U.S., the Ninth Circuit Court of Appeals extended First Amendment freedom of speech protections from traditional media outlets to individual bloggers.  Meanwhile, both the U.S. and the U.K. have adopted more speech protections to … Continue Reading

Posted in Copyright, Entertainment & Content, Policy & Regulation Penny Thornton

UK Changes to Copyright Exceptions

Three statutory instruments amending UK copyright exceptions came into force on 1 June 2014 relating to Public Administration, Disability, and Research, Education, Libraries & Archives. The changes are as follows:

Research, Education, Libraries and Archives

  • Extends the scope of existing exceptions for research and private study to cover sound recordings, films and broadcasts, which were previously excluded.
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Posted in Copyright, Entertainment & Content, Internet, Policy & Regulation Jules Fabre

France strengthens its legal framework for the fight against counterfeiting

France adopted the Law No. 2014-315 of 11 March 2014 to strengthen the fight against counterfeiting.

This new law aims at significantly strengthening the French anti-counterfeiting legal framework, in particular following the Law n°2007-1544 of 29 October 2007 on the fight against counterfeiting (implementing Directive 2004/48/CE of 29 April 2004 on the enforcement of intellectual property rights) and … Continue Reading

Posted in Copyright, e-commerce, Entertainment & Content, Internet Penny Thornton

CJEU rules on site-blocking orders in UPC Telekabel v Constantin Film

According to the CJEU ruling handed down today in the case of UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Wega Filmproduktionsgesellschaft, internet service providers (“ISPs”) can be ordered to block access by customers to websites making available infringing content. Such blocking orders do not need to specify the measures that must be taken by the ISP however … Continue Reading

Posted in Copyright, e-commerce, Entertainment & Content, Internet Dr. Nils RauerAlastair ShawPenny Thornton

Court of Justice rules that hyperlinking does not infringe EU copyright law – provided link is to content freely and lawfully available online.

The Court of Justice of the European Union ruled today on the lawfulness or otherwise of using hyperlinks to copyright works published by others online.  The CJEU has answered questions on EU copyright law under the Infosoc Directive (2001/29) referred to it by the Svea Court of Appeal in Sweden in a case concerning paid-for links produced for its subscribers … Continue Reading

Posted in Copyright, Entertainment & Content, Policy & Regulation Dr. Christian Tinnefeld

Copyright Levies in Germany – Settlement for Computers, Netbooks & Co.

After three years of legal dispute, the German computer manufacturing industry and the collecting societies agreed upon copyright levies for desktop computers, notebooks, netbooks and workstations by entering into a settlement agreement for the period of 1 January 2011 to 31 December 2016. Pending proceedings at the Higher District Court of Munich that were filed by a number of jointly … Continue Reading

Posted in Copyright, Entertainment & Content, Internet Penny Thornton

UK: when does hyper-linking amount to copyright infringement?

On 13 November 2013, in the case of Paramount Home Entertainment Limited & Others and British Sky Broadcasting Limited & Others [2013] EWHC 3479 (Ch), Arnold J granted a blocking order requested by six major film studios. It required the six main UK retail internet service providers to block access to two websites which provided hyperlinks to, and downloads … Continue Reading

Posted in Defamation, Entertainment & Content

UK: Defamation (Operators of Websites) Regulations 2013

Website operators seeking to qualify for a defence to possible defamation claims in respect of comments published on their websites contained in the Defamation Act 2013 will have two days (subject to the courts’ discretion) to notify the authors of the comments of the complaint, under the recently published draft Defamation (Operators of Websites) Regulations 2013 (the “Regulations“), … Continue Reading

Posted in Defamation, Entertainment & Content

Germany: Federal Court allows publication of photos of Princess Caroline’s daughter

How much protection against the media is an eleven-year-old child of a celebrity entitled to while participating in a sports competition? The German Federal Court of Justice (Bundesgerichtshof) answered this question recently (case reference VI ZR 125/12 of 28 May 2013):

At the age of eleven, Princess Alexandra, daughter of Princess Caroline of Hanover, had participated in a figure skating … Continue Reading

Posted in e-commerce, Entertainment & Content, Policy & Regulation

France to develop crowdfunding to spur innovation

Pierre Moscovici, French Minister of Economy and Finance has presented a bill on 4 September 2013, called “Simplifying life for business” (“Bill“). This provides for a specific status for crowd funding platforms, with the aim of supporting crowd funding platforms, developing this way of raising funds and ensuring the security of the donors, giving them the guarantee that … Continue Reading

Posted in Copyright, Entertainment & Content, Internet Mark Taylor

UK launches new police unit to tackle online piracy and counterfeits

The UK Government has announced the launch of a new police unit aimed at targeting intellectual property crime. In particular, the unit will be focused on tackling online piracy and other forms of intellectual property crime such as counterfeit goods.

The intention to set up the unit was originally announced last December. This more recent announcement confirms:

  • details of the
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Posted in Entertainment & Content, Internet, Licensing, Policy & Regulation

Singapore announces new licence for online news sites

As of 1 June 2013, online news sites that regularly report on Singapore matters and which are accessed by a significant number of Singapore readers will need to apply to the Media Development Authority of Singapore (“MDA”) for a new individual licence.

The MDA contends that the new licensing regime has been implemented in order to create greater consistency amongst … Continue Reading

Posted in Broadcasting, Copyright, Entertainment & Content, Internet, Licensing

Aereo/Aereokiller Update: The Ongoing Battle Over What Constitutes a Public Performance Under the Copyright Act

Recap

When we last checked in on our combatants, federal district courts in New York and California had come to contrary conclusions as to whether the unlicensed delivery of copyrighted content to subscribers over the Internet by companies that used virtually identical technologies constituted a public performance under the Transmit Clause of the Copyright Act.[1] In both cases, the companies … Continue Reading

Posted in Broadcasting, Copyright, Entertainment & Content, Internet, Policy & Regulation, Spectrum Winston Maxwell

European Commission proposes co-regulatory solutions for connected TV

The European Commission’s Green Paper “Preparing for a Fully Converged Audiovisual World: Growth, Creation and Values” asks stakeholders to comment on some of the most difficult policy questions of the decade, such as how to preserve European audiovisual policy objectives in a borderless Internet environment.  Here are highlights:

Copyright.  The Commission refers to its ongoing work on copyright reform, Continue Reading

Posted in Copyright, Entertainment & Content, Internet Natalia Gulyaeva

RUSSIA: largest social network found liable for copyright infringement by users

ARBITRAZH COURT OF ST PETERSBURG AND LENINGRAD REGION, DECISION OF 15 OCTOBER 2012, NO. A56-16627/2011; 13TH ARBITRAZH COURT OF APPEAL, DECISION OF 21 JANUARY 2013

The Russian courts have adopted a new interpretation of copyright legislation, leading to successful copyright infringement proceedings against the Russian social network VKontakte.

VKontakte is currently the largest Russian social network with more than 100 … Continue Reading

Posted in Copyright, Entertainment & Content Dr. Nils Rauer

Germany: No Copyright Infringement by Embedding Third Party Content in Frames

COURT OF APPEAL OF COLOGNE, DECISION OF 14 SEPTEMBER 2012, NO. 6 U 73/12, “CHERRY STONES”

The Court of Appeal of Cologne once again held that embedding content in a frame does not constitute copyright infringement. Thus, the legal situation in Germany regarding the liability for third party content in frames is still somewhat unclear.

The defendant granted on its … Continue Reading

Posted in Copyright, Entertainment & Content Ray Kurz

US: Supreme Court Upholds First Sale Defense

In a 6-3 decision, the Supreme Court held that the resale within and importation into the United States of copies manufactured and purchased abroad are protected under the first sale defense. Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. ___ (2013). That is, once a copyrighted article manufactured abroad is first sold abroad, any later sale or distribution of … Continue Reading

Posted in Broadcasting, Copyright, Entertainment & Content, Internet Peter WattsPenny Thornton

The Court of Justice of the European Union has handed down its judgment in ITV Broadcasting Ltd (and others) v TV Catchup Ltd.

The Court of Justice of the European Union Rules in ITV Broadcasting Ltd (and others) v TV Catchup Ltd.

In an important case that re-enforces the breadth of the basic rights of broadcasters and content owners to control the distribution of content by alternative technical means, the CJEU recently ruled that live internet streaming of a free-to-air television channel … Continue Reading

Posted in Broadcasting, Copyright, Entertainment & Content, Internet, Licensing

Aereo v. Aereokiller: New York and California District Courts Disagree on What Constitutes a Public Performance Under the Copyright Act

Technology continues to evolve at an ever increasing pace, often leaving in its wake lawsuits that require the application of laws enacted before the technological advancements occurred. Perhaps it is not too surprising, then, that in struggling to apply “old laws” to “new technologies,” courts sometimes reach contrary conclusions.

A recent example of this phenomenon involves two companies that provided … Continue Reading

Posted in Copyright, Entertainment & Content, Internet Zhen Feng

China’s Highest Court Clarifies Copyright Liability of Network Service Providers

On 17 December 2012, the Supreme People’s Court (the “SPC”) issued the Provisions on Relevant Issues Related to the Trial of Civil Cases involving Disputes over Infringement of the Right of Dissemination through Information Networks (“Provisions”). The Provisions came into force on 1 January 2013.

These Provisions are significant because:

(a)          litigation relating to online or Continue Reading

Posted in Broadcasting, Copyright, Entertainment & Content, Internet, Licensing, Policy & Regulation, Spectrum, Telecoms & Broadband

Time Warner Cable’s latest victory proves significant for the communications infrastructure industry

On December 13, 2012 the Texas Public Utilities Commission (PUC) ruled that the City of San Antonio’s electric company had discriminated against Time Warner Cable and in favor of AT&T. The PUC found that the discrimination occurred with respect to the rates (that were four to five times as high), terms and conditions for access to the utility’s poles (including … Continue Reading

Posted in Entertainment & Content Winston Maxwell

French lawmakers propose increase to tax rebate for foreign film productions

To attract international film productions to France, the French National Assembly voted to increase to €10 million the amount of tax rebates that can be earned by filming in France. The new provision is hidden in Article 16 quinquies of the Amending Finance Bill for 2012, voted on December 11, 2012.  Previously the amount of the total rebate Continue Reading

Posted in Broadcasting, Entertainment & Content, Policy & Regulation

New self-regulatory system for UK press?

The UK’s review of the culture, practices and ethics of the press has now published  recommendations for the future. The presiding Judge, Lord Leveson, described his Inquiry as “the most public and the most concentrated look at the press that this country has seen”.

The report emphasises the need for a “genuinely independent and effective system of self-regulation” which can … Continue Reading

Posted in Advertising, Broadcasting, Entertainment & Content

Communications Authority Publishes Responses to Public Consultation on Proposed Amendments to the Codes of Practice on Television and Radio Programme and Advertising Standards

In September 2012 the Communications Authority issued a consultation paper to invite views from the public on the proposed amendments to the Codes of Practice governing television and radio programmes and advertising. The results of the consultation were published last week and a summary of the responses can be found here.

Overview of responses

The majority of the responses … Continue Reading