COMPETITION
Record Labels
-SONY BMG settle payola claim-
Sony BMG is paying $10M as a settlement following Attorney General Eliot Spitzer's payola investigations in the US. The money will be paid to non-profit organisations that promote music education. The investigation illustrated that to get Franz Ferdinand played on radio station WKSE, the label paid $4,000 which was used to send radio executives to Miami. It is also said to have disguised 'payoffs' such as flat-screen TVs by referring to them as "contest giveaways". It is expected similar settlements with the other majors will be arrived at soon. Sony BMG responded by firing its promotion executive at Epic and disciplining four other executives at Sony Urban and Epic. Spitzer is now thought to be investigating radio stations in the United States on the similar matters.

See: http://www.guardian.co.uk/business/story/0,,1535935,00.html

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TRADE MARK
Artists
-Use of 'Doors' name restricted-
Original Doors members Ray Manzarek and Robby Kreiger along with ex Cult frontman Ian Astbury have been banned from using the band's name while touring. This follows legal action brought by original drummer John Densmore and the families of Jim Morrison and Morrison's then girlfriend in the United States. Keyboard player Manzrek, guitarist Krieger and vocalist Astbury have been touring as the Doors of the 21st Century since 2002. The suit from the parents of late rock star Jim Morrison claimed that by re-forming the band with another singer, Manzarek and Kreiger had "maliciously misappropriated" the name. George and Clara Morrison claimed breach of contract, unfair competition and trademark infringement in a Los Angeles Superior Court lawsuit and sought unspecified damages and to put a stop to the new incarnation of the band. Manzarek and Kreiger were also sued by the parents of Morrison's late girlfriend, Pamela Courson, who, according to the lawsuit, owns half of the rock icon's share in the Doors. The Morrison lawsuit alleged that "over the past 37 years the legendary rock band the Doors ... has become one of the most distinctive names in contemporary music," the lawsuit said and that the "Defendants have knowingly, intentionally and maliciously misappropriated and infringed upon the valuable name and logo of the Doors ... by stealing these valuable property rights and employing them for the purpose of naming, promoting and marketing a new band." Morrison died in Paris of an apparent heart attack in July, 1971 at the age of 27. The Court held that the use of the name from 2002 breached an agreement struck in 1971, following Morrison's death and ordered a permanent injunction against further use. This agreement was that all three surviving members, as well as Morrison's estate had to agree to any use of the Doors name and logo. The LA court order also requires Manzarek and Krieger to share profits from their group with the original Doors partnership.

See: http://news.bbc.co.uk/1/hi/entertainment/music/4710441.stm and http://www.idafan.com/MorrisonFamily-lawsuit.htm

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TRADE MARK
Artists
-Megadeth singer sues bassist over use of band name in advert-
In a slightly unsual case Megadeth's lead singer has accused their ex-bassist of using the heavy metal group's name without permission. However the use is not as part of a touring band or on an album but as a historical record of the bassist David Ellefson's membership. Band founder and vocalist David Mustaine claims he and Ellefson had an agreement restricting Mr Ellefson's use of the group's name. Mr Mustaine says an advert Mr Ellefson made for musical equipment contravenes this deal. He is seeking unspecified compensatory and punitive damages. In the legal action filed at Los Angeles' Superior Court, Mr Mustaine stated that Mr Ellefson "shall not use the work or mark 'Megadeth' to advertise, market or promote any product or service". Mr Mustaine claims that an advertisement in Bass Player magazine, which features Mr Ellefson holding a pedal tuner for bass guitars and includes the names of bands he is involved with - including Megadeth - breaks a settlement agreement both parties entered into which prevented Mr Ellefson using the band's name - even thought the use is not as a direct endorsement.

See: http://news.bbc.co.uk/1/hi/entertainment/music/4721497.stm

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TRADEMARKS
General
-Trademarks in India-
This is a link to the article India: Trade Marks: Identity that Demands Protection by Rajkumar Dubey (Dubey & Partners, Advocates) which gives a good descriptive account of trade mark law in India.

See: http://www.mondaq.com/about.asp?section_id=5&product_id=9

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CONTRACTS
Artists
-Ashanti producer wins $630,000 in royalty claim-
A US judge has ruled that that Ashanti owes $630,000 to her first producer for breach of contract. The singer was not in court when the jury returned its verdict in favor of Genard Parker, who worked with Ashanti in 1996 and 1997 when she was 16. Ashanti testified during the four-day trial that Parker did not live up to the terms of their deal as he helped her create music in a home studio that was so crude she sang in the bathroom. Parker claimed that he was due a royalty on Ashanti's album after Ashanti's mother approached him in 1996 and he produced tracks for Ashanti in anticipation of future compensation. Parker and his team claims that Ashanti and her mother broke the contract and owed them "certain benefits and fees" to the tune of $4 million. Parker argued that Ashanti eventually signed with a record company and that he released her from his contract with the understanding that he could produce two songs on her first album. Ashanti, now 24, has sold more than 6 million copies of two albums, including "Ashanti," her debut, which garnered a Grammy Award in 2003 for best contemporary R&B album.

See: http://www.hollywoodreporter.com/thr/music/brief_display.jsp?vnu_content_id=1000989792

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COPYRIGHT
Internet
-Digital Freedom in the UK-
This is a link to an interesting article by Danny O'Brien on trying to repeat the success of the Electronic Frontiers Foundation in the United Kingdom.

See: http://www.guardian.co.uk/online/story/0,,1537039,00.html

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COPYRIGHT, TRADE MARK, DATA PROTECTION
Internet
-Websites and the law in the UK-
This is a link to a useful article by John Simmons of Collyer-Bristow, solicitors, on managing to stay within the law with a UK website: 'Keeping Your Website Legal'.

See: http://www.mondaq.com/article.asp?articleid=33903&email_access=on

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COPYRIGHT
Record Labels
-Russia's largest CD manufacturer signs accord with IFPI-
IFPI and the largest optical disc manufacturer in Russia, the Ural Electronic Plant (UEP), have signed an agreement that aims to help the plant produce only legitimate audio and video discs. The cooperation agreement with IFPI, representing the recording industry worldwide, is the first of its type to be signed by a Russian plant. The IFPI hopes that other optical disc manufacturers in Russia will follow suit. Russia has the world's second biggest pirate market after China and is a mass exporter of pirate discs originating from the country's manufacturing plants. The agreement sets the rules that will help the UEP to ensure that products manufactured at the plant are legitimate. Under the agreement, the UEP will inform IFPI about the purchase and installation of any new equipment used to manufacture optical discs. Representatives from IFPI will be given access to the plant to obtain samples of its manufactured products. The UEP will also notify IFPI of any orders where doubts are raised as to their legality and both parties undertake to cooperate to determine the nature of such orders. A key part of the agreement is that the UEP will undertake the necessary actions to enable it to participate in the International Recording Media Association's (IRMA's) Anti-Piracy Compliance Programme. Lauri Rechardt, IFPI Director of Litigation and Licensing said: "We hope that this agreement will facilitate the growth of the legitimate music market in Russia. The UEP's commitment to take these measures to ensure the legality of the products it manufactures is an important step in the right direction." Oksana Bozehnok, spokeswoman for the UEP said: "The agreement will promote the development of a legitimate manufacturing source for optical discs within the Russian Federation." Bosehnok expressed the hope that other Russian optical disc manufacturers will follow UEP's example. Prior to the signing of the Agreement a number of issues which were in dispute between IFPI and the UEP were settled.

See: http://www.ifpi.org

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COPYRIGHT
Television
-ARTICLE : Dream Home, The Block and The Complex format disputes in Australia-
By Jonathan Coad, Solicitor The trade in television formats has, since its inception over 50 years ago, been an international one. The courts worldwide are increasingly facing the same issue, which is whether the concepts from which programmes - particularly in the reality genre - are made should be permitted the monopoly of copyright protection. A dispute currently being played out in the Australian courts typifies that dilemma. First there was the programme Dream Home created by Ninox Television. Then there was The Block for which Nine Films and Television was responsible along with Nine Network Australia. Then there was The Complex which showed in America by means of a licence granted by the creators of The Block. Nine Network produces and purchases television programmes and supplies them to Nine Films which in turn exploits them by the granting of licences. Ninox makes television programmes in New Zealand for broadcasting there and for sale overseas.

In this case, which was heard in Australia last month, Ninox asserts that it and TV New Zealand own copyright in the Dream Home format, and that by producing and screening The Block, Nine Network and Nine Films infringe that copyright. Nine in turn claims that the very threat against it of the copyright action by Ninox is actionable under Australian law, and that Ninox's allegations of breach of copyright constituted misleading or deceptive conduct actionable under the relevant Australian statute. This dispute arose when, after taking a licence in Dream Home and producing one series, Nine then began production of what they claimed was their series, The Block. Ninox claimed to be the owner of the copyright and the format rights to Dream Home, and claimed that this copyright was infringed by Nine's production and distribution of The Block. Ninox had originally initiated proceedings in the USA against Nine's US licensees of The Block. The defendants in that action are Fox Entertainment Group, Freemantle Media North America and Fox Television. The US proceedings have been stayed pending the outcome of the Australian proceedings. On 7 June the Federal Court of Australia handed down judgment in an application for security for costs made by Nine against Ninox, which application was granted to the tune of $100,000. We now await the outcome of the trial.

Programmes such as those in dispute in Australia are now earning for their creators millions of dollars in licence fees worldwide. But this lucrative trade lacks the security of the protection which would be afforded if they were accorded the status of copyright works. So the stage is set for what will hopefully be an authoritative determination by the Australian courts of the extent to which that country will protect rights in reality television formats of this sort.

This update is © The Simkins This bulletin is for general guidance only. Legal advice should be sought before taking action in relation to specific matters. Where reference is made to Court decisions facts referred to are those reported as found by the Court.

The Simkins website is at : http://www.simkins.com

For more information concerning the state of the law internationally on television formats, visit: http://www.ifla.tv

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COPYRIGHT
Record Labels
-IFPI Publish 12th Recording Industry in Numbers-
The International Federation of Phonographic Industries has published its 12th annual Recording Industry in Numbers which includes record company market share figures for 2004, and, for the first time shows global revenues from the collection of performance rights, along with data, statistics and trends in 65 countries' music markets.

Market share: Universal maintains its position as the world's biggest recording company, with a 25.5% share of the world market. Sony BMG is next with a 21.5% share followed by EMI at 13.4% and Warner at 11.3%. The independent sector holds steady with a 28.4% global share. National and regional market share information is also available.

Performance rights revenues: For the first time, IFPI is publishing revenues to the industry from the public performance of music and music videos. This is an increasing revenue source for record companies as the channels for getting music to the consumer expand. Performance rights collections totalled $US493 million in 2004 - up 4.5% on 2003 and up 19% over the past five years. IFPI estimates that potential revenues from the sector could more than double its current value over the next five years. The figures include licensing income from webcasting and simulcasting as well as traditional radio and TV broadcasting, and public performance revenues from bars, hotels, nightclubs and restaurants.

Accelerated growth in digital sales: 2004 was a landmark year for the growth of digital services. Over 180 legitimate music download services were launched globally in 2004. There are now well over 300 sites in total, with at least 200 in Europe. Music catalogue available on the major services doubled in 2004 to over one million tracks, while subscriber figures now top 2.2 million. Sales of digital music players continue to increase, spurring growth in online music. The launch of 3G services by major operators has given a boost to the download music to mobile market. In addition, sales of physical product over the internet are growing rapidly reaching 15% in Germany, 10% in the UK and 6% in the US. The internet was the fastest-growing retail channel for CD sales in 2004.

Overview of world's music markets: RIIN provides a comprehensive overview of 65 countries across the world detailing for example: retail patterns, piracy levels, repertoire breakdown, top ten albums and music DVD charts. Music player penetration, per capita sales, sales by age and genre and many more interesting facts and statistics highlight differences between the markets as well as national and regional trends.

Key Global Statistics Trends

* Per capita album sales are higher in the UK than anywhere else in the world - with an average 2.9 albums bought by every man, woman and child in the country every year. Norway is second at 2.7, with the USA third at 2.6

* Well over 100,000 album titles - both new and re-issues - were released in 2004

* The average age of music consumers is increasing. In 1999 music consumers over 30 accounted for less than half of all music sales. Now 55% of music is bought by the over 30s. The world's 'oldest consumers' (% of over 30s) are in: Hungary (73%), Netherlands (73%), Austria (71%) and Germany (69%). 'Youngest consumers': Brazil (37%), Mexico (26%) and Japan (30%)

* Singapore has the highest number of CD players per household in the world - at almost four (390%). The USA is next (257%) followed by Hong Kong (212%) and the UK (166%)

* At 94%, US households have more DVD players than anywhere else in the world. The top ten markets for music DVD sales are USA, Japan, Germany, France, UK, Brazil, Netherlands, Canada, Australia and Spain

* Canada has the highest broadband uptake in North America (46%). Denmark has the highest broadband penetration in Europe (44%) and Chile has the highest broadband penetration in Latin America (8%)

* Taiwan has biggest number of mobile phones per household (110%) - at least one for every person in the country. Mobile penetration reached 100% in three other markets in 2004 - Czech Republic, Portugal and Sweden

All data from RIIN 2005: http://www.ifpi.org

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COPYRIGHT
Record Labels, Music Publishers, Technology
-Canadian Supreme Court rule technology levy illegal-
The Supreme Court of Canada has ruled that the Canadian Private Copying Collective cannot apply a levy on digital music players. The $4M collected to date must be paid back to the device manufacturers and importers. The Supreme Court upheld the Federal Court of Appeal's decision to quash CPCC levy on i-Pods and other MP3 players and other similar digital music devices which was initially approved by the Canadian Copyright Board. The Supreme Court has refused to hear further arguments regarding a levy and confirmed that that the Copyright Board was ultra vires its authority when it applied the private copying levy to digital audio recorders, and that the levy was an unconstitutional tax. The levy was collected on the basis that individuals ordinarily use these devices to make copies of recorded music for personal use. The Canadian Private Copying Collective, a non-profit agency that collects tariffs on behalf of musical artists and record companies, had been pursuing the appeal and has said that it is "disappointed" and that it felt that it was "self-evident that those products are sold for the purpose of copying music" The group argues that since many people use these new devices to make illegal copies of songs, a levy should be collected for musical artists. It currently collects a tariff on CDs, mini-discs and other blank audio recording media.

See Law Updates January 2005

See: http://www.cbc.ca/story/arts/national/2005/07/28/Arts/ipodlevy050728.html
See: http://www.digital-copyright.ca/node/view/1013
See: http://www.metronews.ca/tech_news.asp?id=9880
See: http://www.engadget.com/entry/1234000490052333/
For a BBC article on music file-sharing and buying habits - showing that those who download illegally spent four and a half times more on paid-for music downloads than average fans, see: http://news.bbc.co.uk/2/hi/technology/4718249.stm
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COPYRIGHT
Record Labels, Internet
-Playlouder's legal file sharing service signs up SonyBMG-
The UK's first legal online file swapping service has signed up SonyBMG. Playlouder.com has licensed tracks from the major which has a 21.5% market share. The service, which already had agreements with a number of independent labels, offers a legal version of the ever popular but illegal file swapping offered by software such as Grokster and Kazaa. Subscribers will be charged £26 ($48 approx) for a high speed broadband connection with the added attraction of a large music catalogue available for downloading or swapping with others on the service. This allows Playlouder to monetize peer-2-peer file swapping. Because of the nature of the licence authorised users will then be entitled to make copies of the recordings for their own use in other digital players, for example burning by CDs for their car stereo or loading tracks onto their own iPod. In the United Kingdom making ANY copy without the permission of the owner of the copyright is an infringement of copy. The only exception under the Copyright Designs & Patents Act 1988 is making video copies of television programmes for later viewing (so called 'time shifting). Playlouder will digitally fingerprint all tracks used and swapped so record labels are remunerated for the use of their copyrights. Paul Hitchman, CEO of Playlouder, estimates that is the model was adopted by all of the recorded music industry it would create additional revenues of £300 million ($540 million approx) in the United Kingdom alone.

The Guardian 22 August 2005

See: http://www.guardian.co.uk/arts/netmusic

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PRIVACY
Internet, Technology
-Window upgrade policy raises privacy concerns-
Microsoft's new policy of scanning computers for illegal software when they contact the site for upgrades or downloads could have serious privacy issues. Microsoft says that 35% of the software in use worldwide is counterfeit, at a cost to the software industry last year of $1 billion. Users of the estimated 100 million computers worldwide running illegal copies of the operating system will not receive the upgrades and can only receive security patches. However if the purchase of the illegal software was unintentional and the users fills out a piracy report for Microsoft the software company will provide Windows XP to the user. Microsoft also collects data on software being used as well as data on the flow of information between the operating system and other hardware, such as printers. No personally identifiable data will be collected, says Microsoft, and information will remain completely anonymous.

For Microsoft's statement on its data collection see: http://update.microsoft.com/windowsupdate/v6/default.aspx?ln=en-us

From an article by Nvall Engfield in E-TIPS. E-TIPS is a publication of Deeth Williams Wall LLP and edited by Richard Potter QC. To review past issues of the E-TIPS newsletter, visit: http://www.dww.com/newsletter/archive.html

For comment by the EFF of the Federal Bureau of Investigations use of National Security Letters to seek wide ranging information from online service providers see: http://www.eff.org/news/archives/2005_08.php#003872

For a review of the US v Councilman case (US Appeals court preserves email privacy)

See: http://www.eff.org/news/archives/2005_08.php#003892

See (pdf file): http://www.eff.org/legal/cases/US_v_Councilman/councilman_decision.pdf

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COPYRIGHT
Internet
-Podcasters asked to pay royalties by Dutch collection societies-
The BBC have been hailing their free podcasting service as a major success after 1.4 million people downloaded the Beethoven symphonies it made freely available although it is thought that over half were taken up by users in the USA. Writing in the Observer newspaper (31st July) John Naughton explains that "podcasting is the delivery of an enclosed file to a computer where it can be downloaded to an MP3 player". The technology started to be used in blogs but was recently incorporated into Apple's i-Tunes software. Podcasting enables anyone to create what are effectively self published radio 'programmes'. Anyone who wishes to receive the programmes subscribe to feeds using software that checks for and downloads new programmes automatically.to the author's syndication feed which may of course be for a fee. In Holland Buma/Stemra, the agency that represents the interests of music composers, lyricists and publishers in the Netherlands and collects royalties on their behalf, is asking podcasters for compensation for lost royalties. As a temporary measure until 1 January 2006 (when presumably Buma/Stemra will announce a more definite scheme) the agency is asking professional podcasters to pay a monthly charge of €85, and non-professionals could pay as much as €35 a month. Buma/Stemra view podcasting as a 'delayed' form of webcasting, and therefore subject to the same copyright rules, meaning that podcasters are required to seek permission from the relevant music recording companies and report details to Buma/Stemra before publishing.

See: http://www.dmeurope.com/default.asp?ArticleID=9214

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COPYRIGHT
Record Labels, Music Publishers, Internet
-EC propose new offence similar to the MGM v Grokster 'induce' to infringe-
The European Commission has published a draft directive which includes provisions to criminalise "attempting, aiding or abetting and inciting" acts of copyright infringement. The EU parliament will debate the proposal later this year. If the directive is adopted, software used primarily for illegal file sharing, for example, could potentially make its developers criminally liable in one or more EU member countries.

See: http://www.wired.com/news/politics/0,1283,68418,00.html

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COPYRIGHT
Internet
-German Appeal Court upheld principle that links sites can be illegal-
The Munich Intermediate Court of Appeals has upheld a decision of a lower court that a site providing links to another site providing illegal copying software. Heise online had published a story in January about Slysoft's anyDVD programme. They were taken to court for an alleged breach of Section 95a of the Copyright Act," which bans, among other things, the manufacture, import, propagation, sale, renting, and advertisement of 'tools to crack copy-protection mechanisms.' The plaintiffs felt that merely providing a link to the homepage of a manufacture of copying software itself constituted a breach of this Section. In addition, Heise was accused of having provided 'instructions on how to crack copy-protection mechanisms' in the report. Finally, the news report was considered 'illegal advertising' for the sale of the software.

See: http://p2pnet.net/story/5746

See Law Updates May 2005 for the lower court's decision in this case. See Law Updates March 2005 German court clears ISPs of liability for infringing uses by third parties and see Law Updates August 2005 Links site found to infringe copyright in Australian judgment.

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LICENSING
Live Event Industry
-The UK's new Licensing Act causes chaos-
The UK's live music scene is under threat as numerous pubs and clubs have failed to re-apply for licences to sell alcohol and provide entertainment according to a new report. Under the Licensing Act 2003, anyone wanting to keep selling alcohol and/or provide entertainment must complete the paperwork by 6 August 2005. The new 21 page application contains details of what entertainment the venue or pub wish to promote and applicants must send in details of their current licence along with plans of premises and other details. Applicants must also state how they will meet the four key licensing objectives: preventing crime and disorder; promoting public safety; preventing public nuisance; preventing harm to children. Research by drinks company Glenfiddich has found that half of all pub, bar and restaurant owners are yet to apply and the report claims that the number of gigs taking place in the UK every day could fall from an average of 4,500 gigs to 2,250, if the venues are forced to close due to a lack of licence. Even the Government's own figures suggest that 30% of premises (some 60,000 licensees) will miss the deadline. The 6th August deadline has been set by the government as the final date for premises to convert their licence and apply for their flexible opening hours and entertainment licenses It requires everyone in the industry to renew their licence, whether they want to open later or not. Current licences will usually expire in November after which pubs, clubs and venues will be unlicensed if they have not applied. Each premise to be licensed must have a licence and the bar must be run by a person with a personal licence.

There was intense lobbying from both the music industry and the brewery trade against the Act which was largely ignored by Government. The brewery and licensed trade associations did initially support the scheme but backed away when the extent of the bureaucracy became apparent along with a dawning realisation that it would be publicans who would have to foot the sharply increased costs in licensing when this moved form Magistrates Courts to Local Authorities. The Government did set up the Live Music Forum under chair Feargal Sharkey who has championed the cause of live music against a background of increasing regulation and regulatory cost but many small clubs and pubs seem unsettled if not overwhelmed by the new regime. The live music industry also had to come to terms with new disability discrimination provisions and door supervisor regulations over the last year. At the 17th International Live Music Conference Feargal Sharkey chaired a panel explaining the effects of legislation on the live industry (Make Yourself At Home with the LMF) and Sarah Waddington (Simkins Partnership, UK) and Leon Raemakers (Mojo Concerts, NL) co-chaired a session (Legislation - Playing By The Rules) looking at the effect of legislation of the industry. See the ILMC Conference Reports at: http://www.ilmc.com

See The Times 3rd August 2005

See: http://p2pnet.net/story/5746

See the article on regulation in the live music industry by Ben Challis: Regulated to Death: Safety Regulation in The Live Music Industry at: http://www.musicjournal.org/03regulatedtodeath.html

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COPYRIGHT
Music Publishers, Record Labels, Education
-ARTICLE: The sound of silence. Fair dealing and the use of lyrics and music by academics and musicologists-
This is a link to an article which argues that musicologists are being penalised by record companies and music publishers who refuse to allow them permission to transcribe songs from their artists. It's unfair and it's got to stop, says Professor Sheila Whiteley, from the University of Salford.

The Guardian, Friday August 5, 2005

See: http://education.guardian.co.uk/higher/research/story/0,9865,1542685,00.html

For an article debating the issues in using the exception of 'fair dealing' when using copyright material without permission (related to film and TV) see 'Fair Dealing - Or What Connects Princess Di, L. Ron Hubbard and A Clockwork Orange? by Carrollanne Lindley, trademark attorney and partner, Kilburn & Strode, London.

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COPYRIGHT
Film, Television, Record Labels
-Sentencing R v Zhou: Trader in pirate DVDs faces prison and ASBO order-
A trader in pirate DVDs has been handed an anti social behaviour order (ASBO) banning him from selling pirate DVDs in London. The ASBO specifically stops Gon Ren Zhou entering Newnham, his main sales area. Stratford magistrates also confiscated 1000 pirate DVDS. Zhouy, who had 15 previous Bail Act offences was jailed for six months.

See: Evening Standard 19 August 2005

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TRADE MARK
Internet
-Google may be liable for use of third party trade marks-
The US District Court for the Eastern District of Virginia has found that search engine company Google is partially liable for including third party trade-marks in the text of sponsored links as this could cause consumer confusion in violation of US trade mark law. Google sells 'Sponsored Links' that appear alongside "organic" search results returned when a user queries Google's database of indexed web sites for general terms. Justice Leonie Brinkema found that that Google's practice of allowing trade-marks in the text of third party advertisements that appeared as Sponsored Links caused consumer confusion. Google has since ceased this practice. The Court was careful to limit the potential impact of this decision on Internet business practices, noting that the plaintiff's business model is a unique one and that the findings are fact-specific and not yet fully resolved. Further, the Court noted that none of the advertisers themselves are party to the action and their potential liability is not an issue before the Court.

For a news article, visit: http://news.com.com/2100-1024_3-5835898.html

From a summary of the case by Jason Young of Deeth Williams Wall published in E-TIPS® newsletter, Vol 4 No, see: http://www.dww.com/newsletter/archive.html

See: http://www.mondaq.com/article.asp?articleid=34366&email_access=on

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DEFAMATION
Internet
-Canadian court rejects the "Single Publishing Rule" in an internet defamation case: Carter v BC Federation of Foster Parents Association et al (2005)-
The British Columbia Court of Appeal has ruled that the so-called "single publishing rule" often used in the US has no application in Canada. Under the US rule the publication of a libel gives rise to only one cause of action - when the libel is first published - even though there may be later deliveries of the same libel, for example, by way of later sales of a book containing the same libellous statement. The Court noted that both English and Australian courts had rejected the single publishing rule. Although a potential injustice could arise if a plaintiff were allowed to mount a series of lawsuits based on a single article when re-published, the Court of Appeal noted that courts have abuse of process jurisdiction to deal with such situations.

From a summary of the case by Richard Potter QC editor of E-Tips. Published in E-TIPS® newsletter, Vol 4 No 4, see: http://www.dww.com/newsletter/archive.html

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COPYRIGHT
Film, Television, Music Publishing
-New MCPS rate for non-music DVDs-
More details are now available on the new MCPS licensing scheme for music used on DVD and VHS products that are not specifically music-related, for example, fitness videos/TV series etc. The Audio-Visual Producers (AVP) scheme has been launched after extensive consultation with the British Video Association. Under the scheme, licensee returns are 'auto-matched' against the MCPS database, enabling more efficient payments and backclaims.

Source: MCPS-PRS Alliance eM magazine August 2005.

See: http://www.mcps-prs-alliance.co.uk/redirect.asp?targetitem=4532&sid=835

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© 2005 Ben Challis