INTERIM INJUNCTION GRANTED BY NEW DELHI COURT
Copyright , Record Labels / October 2003
India

COPYRIGHT & PASSING OFF Record Labels A Delhi court has restrained Sony Music Entertainment from marketing its album titled DJ Heart Remix, containing popular Hindi songs, in response to an action brought by claimant Super Cassettes Industries. Super Cassettes claimed that the title, artwork and content of the product produced by Sony were deceptively similar to their Copyrighted albumDJ Hot Remix. Holding that there was phonetic, visual and structural similarity between the title DJ Hot Remix and DJ Heart Remix, Additional Sessions Judge RPS Teji, in an ex-parte interim order, restrained Sony Music from carrying any business to do with or advertising for the Heart Remix album. The court also injuncted Sony from using the artistic work of the inlay card of the album which was allegedly identical to that of Super Cassettes’ DJ Hot Remix. Besides alleging that there was phonetic, visual and structural similarity in the title of the album, Super Cassettes accused Sony of depicting on the inlay card six common songs in a similar style as well as printing the sequence of three songs in an identical manner. Super Cassettes had submitted that the adoption of deceptively similar titles and features by the rival to promote its product was causing…

RIAA LAUNCHES FIRST ACTIONS AGAINST US INDIVIDUALS
Copyright , Internet , Record Labels / October 2003
USA

COPYRIGHT Record Labels, Internet Having fought to obtain subscriber and user details from the likes of Verizon and Universities, The Recording Industry Association of America (RIAA) filed 261 lawsuits against individuals who are ‘chronic’ abusers of internet download services on the 9th September 2003. US Copyright law allows for damages of up to $150,000 per track infringed, although the RIAA have said they are open to offers of settlement from the individuals concerned. www.globeandmail.com report on the story of twelve-year-old Brianna Lahara’s love for TV theme songs, Christina Aguilera and the nursery song If You’re Happy and You Know It which made made her a target of the multibillion-dollar U.S. recording industry. Yesterday Brianna, a user of KaZaA, promised never again to share songs over the Internet and her mother agreed to pay $2,000 (U.S.). The RIAA issued a statement announcing that Brianna’s mother had settled for $2,000 and quoting the little girl as saying: “I am sorry for what I have done. I love music and don’t want to hurt the artists I love.” The release also quoted Ms. Torres as saying: “We understand now that file-sharing the music was illegal. You can be sure Brianna won’t be doing it any more.” The RIAA has…

AUSTRALIAN COURT FACES UP TO THE PROBLEM OF A WORLD WIDE WEB
Copyright , Internet , Trade Mark / October 2003
Australia

TRADEMARK, COPYRIGHT Internet Australian Competition and Consumer Commission v. Chen [2003] FCA 897  The Federal Court of Australia recently had to consider whether or not to issue injunctive relief against a US resident given that there was apparently no mechanism available for the enforcement or registration of the Australian injunction in the US courts. The Court heard that the respondent had operated a website which purported to be an official website for the Sydney Opera House and included a mechanism for ‘ordering tickets’. In fact the website had nothing whatsoever to do with the Sydney Opera House and the site contravened Australia’s Trade Practices Act, 1952 (TPA). The court accepted that in reality it could NOT enforce the injunction. However, the court DID make a formal declaration to mark its disapproval of the respondent’s activities, in part because it felt that such might carry some weight with US domestic law enforcement and trade authorities such as the US Federal Trade Commission. The Australian Court also felt that a formal declaration might act as a warning to consumers. See: http://www.austlii.edu.au/au/cases/cth/federal_ct/2003/897.html

APPLES’s iTUNES FACES LEGAL CHALLENGE
Artists , Internet , Record Labels , Trade Mark / October 2003
USA

TRADEMARK Record labels, artists, internet Apple’s new and successful online music store, iTunes, which recently sold its ten millionth download at 99cents, and the Apple iPod, face a legal challenge from Apple Corp, the management company and record label behind the Beatles which was set up in 1968. Apple Corp, based in London, have served papers in the High Court seeking injunctive relief and damages to prevent Apple Computers using the word “Apple” and the Apple Computer’s logo in relation to iTunes and the iPod. It seems that now the Computer company’s activities have spread into the ‘music’ business, Apple Corp is seeking to protect its own business reputation, goodwill and name and is relying on an earlier 1991 agreement it reached with Apple Computers which purportedly prevented Apple Computers using the name Apple or an Apple mark in the music business. Apple Computers were set up in 1977 and the name is allegedly Steve Job’s tribute to the Beatles. The 1991 agreement (which itself was a result of previous litigation over a previous agreement) resulted in Apple Computers agreeing that their use of the Apple name and logo would be restricted to use with computers and never with music….

JACKSON FALTERS IN SUIT AGAINST MOTOWN AND UNIVERSAL
Artists , Copyright , Record Labels / October 2003
USA

COPYRIGHT Artists, Record Labels A California judge has dismissed part of Michael Jackson’s lawsuit against Universal Music in which he claimed he was owed royalties for songs he recorded before 1979 (see Law Updates, June 2003). In a January 1980 settlement with Motown, Jackson gave up rights to songs released before 1979, giving the record label exclusive rights to the name the Jackson 5, the group of Jackson-family members that first put the star on the map. Jackson contends he should be paid for any songs he recorded alone or with his brothers that were re-released after the 1980 agreement. Jackson is seeking payment of royalties he claimed are owed and recission of the 1980 agreement. Los Angeles Superior Court Judge Emilie Elias found on Friday that Universal had not breached any fiduciary duty, since Jackson gave up the rights to the pre-1980 tunes.

NEW INTELLECTUAL PROPERTY RIGHTS APPLY TO PUBLIC DOMAIN WORKS IN CHINA
Copyright , Trade Mark / October 2003
China

COPYRIGHT, TRADEMARK Book publishing, merchandising Beatrix Potter’s Peter Rabbit books have featured in a recent Chinese court decision where the state-owned Chinese Academy of Social Science Press was fined £30,000 by a district court in Beijing over its translations of Peter Rabbit and three of Potter’s other animal stories without permission. The case was brought by Frederick Warne & Co, which originally published the story in 1902 and is now a subsidiary of Penguin. The case is not a simple copyright case as under Chinese copyright law the literary copyright expired in 1993. Frederick Warne and Co then registered the Chinese characters used in the translation of Peter Rabbit along with all of Potter’s original drawings as trademarks. In Chinese law, copyright subsists for 50 years. In the UK, Potter’s work went briefly out of copyright at the same time, 50 years after Potter’s death in 1943, only to come back into copyright in 1995 when copyright protection for literary works was extended to life of author plus seventy years under the European Directive on Copyright Duration (Directive 93/98). The case is interesting in that the Court accepted that a new IP right was created by use of the drawings…

CONFLICT OVER RIGHTS TO A CANADIAN SAILING ICON
Trade Mark / October 2003
Canada

Trade Mark MERCHANDISING A charity set up in 1994 to refurbish the decaying replica of the famous schooner Bluenose, called Bluenose II, has launched a legal action to protect what it claims are valid and subsisting trade marks and copyrights to the ship and its image. The original Bluenose was a famous Nova Scotia-based sailing ship of the early 20th Century. It appears on Canadian dimes and on Nova Scotia vehicle licence plates. Although the original ship foundered in 1946, a replica was built and purchased by the Nova Scotia Government. Bluenose II has been maintained and operated since 1994 by Bluenose II Preservation Trust Society , funded partly by the Nova Scotia Government. The Society has now begun to assert rights to Bluenose marks and images, on the basis of copyright in design of the ship, acquired from the family of the original ship designer, and on the basis of a number of official marks under registered under federal and province trade mark legislation in Canada. A small souvenir company, Tall Ship Art Productions Ltd. is defending claims by the Society that it has infringed the Society’s trademarks and copyright. Tall Ships has been marketing Bluenose products for 27 years, clearly well before the Society…

MS DYNAMITE WINS PRIVACY PROTECTION FOR HER HOME
Artists , Privacy / October 2003
USA

PRIVACY Artists It is a common problem for celebrities to find themselves beset by unwanted attention, harassment or worse because details have made their way into the public domain about where they live. An application in June 2001 by Heather Mills McCartney for an order preventing publication of details of a new property she had bought was rejected by the High Court. However, this was the result, at least in part, of the newspaper having offered an undertaking not to publish details. The law remains unclear as to the extent to which it will protect a celebrity’s Article 8 privacy rights so far as their home is concerned. The Press Complaints Commission has taken a big step towards recognising the need for such protection in an adjudication published last week on behalf of Ms Dynamite. Ms Dynamite complained to the PCC, through her record company Polydor, that an article (and accompanying photograph) headlined “Chart Star’s dream house is right next door to my mum” published in the Islington Gazette on 26 March 2003 intruded into her privacy contrary to clause 3 of the PCC Code of Practice. This PCC provision closely mirrors the Article 8 wording and reads as follows:…

Article: REGULATED TO DEATH
Articles / October 2003

Click here to download this article as a PDF file (.pdf) “Regulated to Death: Safety Regulation in the Live Event Industry” by Ben Challis  October, 2003 This article discusses the recent event safety problems faced by the live music industry, and the effectiveness (or otherwise) of health and safety legislation. The author argues that improvements in health and safety will only take place where governments and authorities involve those in the live concert industry. At the same time it is pointed out that those in the live concert industry must be pro-active on health and safety issues – or they will find their industry “regulated to death”. SINCE the death of nine young music fans at the Roskilde Festival in Denmark in 2000, the music industry could not have faced a more challenging year than 2003. The tragic deaths of 21 clubbers in Chicago on the 17th February, was followed, within a week, by extraordinary scenes at the Station Club in Rhode Island, New York. When pyrotechnics ignited by the band Great White set fire to the sound-proofed interior of the Station Club, hundreds of people were left dead and injured – including one member of the band. Then, in July, suicide bombers…

US TRADE MARK PROTECTION EXTENDED TO FOREIGN MARKS EVEN WHERE THESE MARKS ARE NOT REGISTERED IN THE USA
Artists , Internet , Record Labels , Trade Mark / September 2003
USA

TRADE MARK Record Companies, Artists, Merchandisers, Internet International Bancorp LLC et all -v- Societe des Bains et du Cercle des Etrangers A Monaco (May 19, 2003) In a split decision a United States Court of Appeal (Fourth Circuit) held that a non-US Company’s use of a non-US trademark in advertising in the United States was enough to give that company trade mark protection under US law despite the fact that the mark was not registered in the US. In US law an unregistered mark can be protectible if it is (a) distinctive and it is (b) “used in commerce”. In this case, concerning the company (SBM) which owns the Casino de Monte Carlo, the court held that extensive advertising in the US and sale of services to US citizens in the USA was sufficient to satisfy the second requirement – that mark was used in commerce – even though the actual business was based in Monte Carlo and the services provided outside of the USA. SBM spent more than $1 million annually on trade fairs, mail shots, telephone marketing and sponsorship. SBM Company maintained a small office in New York. SBM had a valid trade mark registration for ‘Casino de Monte Carlo’ in Monaco….

LEGO BLOCK NOT PROTECTED AS A TRADE MARK IN CANADA
Artists , Internet , Patents , Record Labels , Trade Mark / September 2003
Canada
Denmark

TRADE MARK, PATENTS Record Labels, Artists, Merchandisers, Internet Kirkbi AG & Lego Canada Inc. -v- Ritvik Holdings Inc. In this case the Federal Court of Appeal held that the design of a lego block was not protected by Trade Mark in Canada and that functional features of a toy design are properly the subject of patent law and not subject to trade-mark protection. The facts of the case where that the Canadian company Megabloks made a building brick very similar to those produced and distributed for decades by the Danish manufacturer, Lego. In an attempt to halt the sale of the Mega Bloks bricks, Lego brought a passing off action on the basis that the Mega Bloks bricks infringed the (unregistered) trade-mark rights of Lego in the distinguishing guise of the bricks particularly the protruding knobs by which the bricks interlocked. The Court of Appeal upheld the decision of the Federal Court, Trial Division who dismissed Lego’s claim and held that due to the doctrine of functionality, the look of the Lego bricks could not be the subject of a valid trade-mark. Functionality is the proper subject matter of patents, not Trade Marks. The Federal Court of Appeal commented that Lego, through…

CANADIAN GOVERNMENT WINS BACK DOMAIN NAMES
Internet , Trade Mark / September 2003
Canada

TRADE MARK Internet The governments of Canada and Alberta have won disputes over registration of several official-sounding .ca domain names. In each case, the arbitrators ruled that the government has rights to the name and that the domains were registered in bad faith. The federal government won the rights to the domains www.governmentofcanada.ca, www.governementducanada.ca, www.canadiancustoms.ca and www.statscanada.ca among others. The government of Alberta won the rights to the domain www.albertagovernment.ca. In the case relating to the federal government claims, the arbitrators found that many of the domain names wereconfusingly similar to the names of government departments, even though they were not quite the same. The arbitrators found that the test is resemblance based on first impression and imperfect recollection. The registrant’s defence was that he had a legitimate interest in the domain names because he planned to use them to criticize the government and specific departments was rejected by the arbitrators, who noted that the domains had been used for different purposes and had been offered for sale by the registrant. In addition, the federal government had previously won similar disputes with the same registrant over .com and .org domain names. See: http://www.cira.ca/en/dpr-decisions/00011govt-of-canada-En.pdf or http://www.cira.ca/en/dpr-decisions/00012-albertagovernment-en.pdf For comments on US and Canadian IP law, see E-TIPS: e-tips@dww.com

WIPO RESOLVES EURAIL DOMAIN NAME DISPUTE
Artists , Internet , Record Labels , Trade Mark / September 2003
EU

TRADE MARK Record Companies, Artists, Mechandisers, Internet An administrative panel of the World Intellectual Property Organization (WIPO) has recently decided a case under the Uniform Domain Name Dispute Resolution Policy (UDRP) between Eurail (the European joint venture supplying tickets and passes for rail and ship travel in Europe) as Complainant and Epasses of San Francisco as Respondent. Eurail uses the names “Eurailticket” and “Eurail Pass” for its tickets and passes. It has registered “EURAIL” and “EURAILPASS” as trade-marks in the US and other countries. Epasses has a web site offering Eurail Passes and other tickets for use on railways in Europe. The dispute concerned the domain names www.eurail.biz, www.eurailpass.biz and www.eurailpasses.biz. which the Respondent registered. The Panel applied the three-part test set out under paragraph 4 of the UDRP. (1) It ruled that the disputed domain names are confusingly similar to the Complainant’s registered trade-marks. (2) However, a distinction for the purpose of the second part of the test was made between eurailpass.biz and eurailpasses.biz on the one hand and eurail.biz on the other. In the former case, there was no evidence that Epasses use of the domain names and sites had been illegitimate, especially in view of its legitimate…

US SENATOR VOICES CONCERN OVER RIAA TACTICS
Copyright , Internet , Record Labels / September 2003
USA

COPYRIGHT Record Labels, Internet US Senator Norm Coleman, chairman of the Senate Permanent Subcommittee of Investigations, is concerned that the recording industry is taking an extreme approach in its attempt to quash online file trading and may hurt innocent people in the process and has asked the Recording Industry Association of America (RIAA), to provide detailed information about the more than 900 subpoenas it has issued so far. As previously detailed in Law Updates, the RIAA has issued the subpoenas to universities and Internet service providers in order to obtain the names of file traders it suspects are violating copyrights. At the end of the month, the music trade group plans to file lawsuits against those caught offering “substantial” amounts of music for others to share. The Senator has asked for five pieces of information from the RIAA: Copies of all the subpoenas, a description of the standard the RIAA uses to file an application for a subpoena, and an explanation of how the group is collecting evidence against alleged file sharers. Coleman also wants to know how the RIAA is protecting computer users’ privacy and how the trade lobby is protecting people from erroneous subpoenas. The RIAA issued a…

THE COPYRIGHT CAGE
EU
USA

COPYRIGHT Record Companies, Internet, Music Publishers, Artists, Merchandisers, Radio, Television INTRODUCTION : This article, by Professor Jonathan Zittrain, suggests a new approach to copyright law in the digital age. The article was first published on www.legalaffairs.org in their July/August edition. Bars can’t have TVs bigger than 55 inches. Teddy bears can’t include tape decks. Girl Scouts who sing “Puff, the Magic Dragon” owe royalties. Copyright law needs to change. By Jonathan Zittrain. A couple of years ago I was talking with a law school colleague about cyberlaw and the people who study it. “I’ve always wondered,” he said, “why all the cyberprofs hate copyright.” I don’t actually hate copyright, and yet I knew just what he meant. Almost all of us who study and write about the law of cyberspace agree that copyright law is a big mess. As far as I can tell, federal courts experts don’t reject our system of federal courts, and criminal law experts split every which way on the overall virtue of the criminal justice system. So what’s with our uniform discontent about copyright? I think an answer can be gleaned from tax scholars. Without decrying the concept of taxation, every tax professor I’ve met regards the U.S. tax…

PAYMENT TO CONVICTED FARMER SPARKS NEW PRESS ROW
Internet , Regulation / September 2003
UK

PRESS REGULATION Television, Radio, Internet, Print The UK Government is to review the law after convicted murderer Tony Martin sold his story to the Daily Mirror for £125,000. Martin was convicted of murder after shooting a 16 year old burglar in the back and wounding his accomplice as they tried to burgle his remote and rundown farm, Bleak House. Martin’s original sentence was reduced from life to five years on the grounds of diminished responsibility and he served three years of this. Martin also signed an exclusive deal with the ITV programme Tonight With Trevor MacDonald, also for a fee, to give his first interview on UK television. At one point the murdered burglar’s accomplice was going to sue Martin for his own injuries on legal aid. The accomplice, Brendan Fearon, has just been released from prison on drugs related offences. The Press Complaints Commission Code states that: Payments or offers of payments for stories, pictures or information must not be made directly or through agents of convicted or confessed criminals ÿ…. except where the material concerned ought to be published in the public interest and payment is necessary. The public interest includes (i) detecting or exposing crime or serious misdemeanour…

R -v- Hunt Sentencing for lower level piracy
Copyright , Record Labels / September 2003
UK

COPYRIGHT Record Labels A 42 year old plumber who turned his hand to selling counterfeit and bootleg CDs from a stall at a Record Fair was sentenced to a 120 hours community penalty and ordered to pay £250.00 costs after Trading Standards Officers seized pirated and bootlegged CDs worth approximately £9,000 in a raid organised by the British Phonographic Industry (BPI) and EMI Records. Hunt admitted 5 offences under the Copyright Designs & Patents Act 1988 and the Trade Marks Act 1994. The 900 CDs and 300 videos found at the Fair in Norwich included bootleg copies of recordings by Bob Dylan, U2 and Elvis.

RINGTONES SET TO OUTSELL CD SINGLES IN THE UK
Copyright , Internet , Record Labels / September 2003
UK

COPYRIGHT Record labels, Telecommunications, Internet  Sales of downloadable ringtones for mobile phones look likely to outstrip CD singles in the UK in 2004. The ringtone market, estimated to be worth more than £70 million in the UK, is increasing rapidly. Sale of ringtones in 2002 were £40 million. CD singles are heading the other way, with sales currently at about ÿ£150 million (2002) but with an estimated 37% drop in 2003 on last year’s figures. August ’03 favourites include Flying on the Wings Of Love by XTN and Crazy in Love by Beyonce & Jay-Z. COMMENT : With ringtones costing between £1.50 and £3 to download in the UK, the mobile phone operators, labels and music publishers have found a lucrative new maket. Another new growth area is the ‘spoken word’ – a voice rather than a ringtone which announces an incoming call or text. This might prove a new area of legal dispute – where imitators provide the voice of well known celebritiy for a download – for example, as Sir Michael Caine or Arnie as the Terminator alongside that star’s well known catch phrase or parody of that phrase. It will be interesting to see if artists seek to assert character rights over…

Article: DON’T SHOOT THE MESSENGER
Articles / September 2003

Click here to download this article as a PDF file (.pdf) “Don’t Shoot The Messenger: Copyright Infringement in the Digital Age” by Ben Challis Music Industry Lawyer and Senior Lecturer in Law, Buckinghamshire Chilterns University College High Wycombe, Buckinghamshire, England, UK September, 2003 – with subsequent addenda From the humble VHS machine to Internet file swapping, the issue of hardware and software – which has both infringing and non-infringing uses – has long troubled the courts on a global basis. Recently, different technologies have faced their scrutiny: since 2000 a number of cases have been focused on peer-2-peer file swapping on the Internet, but manufacturers and others who provide, produce, write and manufacture software and/or hardware capable of copyright infringement, have also found themselves at the receiving end of lawsuits.   In 2003 the Motion Picture Association of America (MPAA) launched an action in the High Court of England & Wales against 321 Studios – which produces software which allows the copying of DVDs by consumers. The MPAA has already filed an action in the US (December 2002) seeking to prohibit the sale of 321 Studios’ software titles DVD X Copy and DVD Copy Plus. The MPAA also wants any profits from sales as recovery…

PROTECTION IN JORDAN EXTENDED TO INTERNET MATERIAL
Copyright , Internet / August 2003

COPYRIGHT Internet Jordan brought its copyright laws up to date by extending protection to the Internet, but proper enforcement remains the next hurdle, businessmen said on Wednesday. Jordan has implemented “100 per cent” of its commitments to various international bodies by extending copyright protections to material on the Internet, Minister of Industry and Trade Salah Bashir said. The change to copyright laws also toughens penalties against those who violate them, for example, by pirating music or computer software, said Tawfiq Tabbaa, a member of the Jordanian Intellectual Property Association. Tabbaa said the laws protecting intellectual property adopted since 1999 are working, noting that software piracy has dropped from 87% in 1999 to 64% this year. Tabbaa said work is going to “increase judicial capacity” when it comes to the often highly technical arguments made in cases over who has the legal claim to a certain idea. He said the government is looking at working with international experts ‘to help judges feel more a part of the changing laws that they will have to start applying in their courtrooms’. Source: The Jordan Times See http://www.menafn.com/qn_news_story_s.asp?StoryId=22321

‘BLUE’ NAME DISPUTE RESULTS IN OUT OF COURT SETTLEMENT
Artists , Record Labels , Trade Mark / August 2003
UK

TRADE MARK Artists, Record Labels Boy band BLUE have resolved their dispute with Scottish rock band BLUE over the use of the name with what can be best described as a ‘Mexican stand-off’ where both bands will continue using the same name. As part of the settlement, costs were awarded against the Scottish band but will not be applied for by the ‘New’ Blue or their label (EMI/Virgin) – provided the ‘Old’ Blue do not bring any trade mark application or other formalisation over use of the name. Formed in 1973, Old Blue had argued that their career was being hampered by the new boy band using the same name as them. The Old Blue last had a hit in 1977 when their single Gonna Capture Your Heart got to number 18 in the UK charts. The band have released sixteen singles and seven albums and are primarily a recording band selling CDs by mail order and the Internet. New Blue, formed in 2000, have had seven top 10 hits and three number 1 records in the UK charts in the last three years. Both bands had worked with rock legend Sir Elton John, who had been expected to give evidence. Mr…

FOOTBALL EMBLEMS ARE COPYRIGHT
UK

COPYRIGHT Artists, Record Labels Football Association Premier League Ltd and others -v- Panini UK Ltd The Court of Appeal has held that the badges and crests of individual English football clubs were the artistic works of the clubs and were entitled to copyright protection. The unlicensed inclusion of these badges, crests and emblems on the stickers of Panini’s Football 2003 Sticker Collection was not an ‘incidental inclusion’ in an artistic work within the meaning of section 3(1) of the Copyright Designs and Patents Act 1988 and therefore an injunction was granted to restrain the defendant distributing those stickers and albums. Lord Justice Chadwick held that where an artistic work in which copyright subsisted appeared in a photograph – because it was part of the setting in which the photographer found his subject, then it could be properly said to be an integral part of the photograph. But to qualify as an exception to infringement, the inclusion of the work must be incidental and on the facts of the case, clearly the inclusion of the badges, crests and emblems was not incidental as it was the basic object of the defendant’s production of stickers and albums. Source: The Times, Law Report, 17 July 2003 See http://www.timesonline.co.uk/legalarchive…

THE CULTURE, MEDIA & SPORTS COMMITTEE TELLS IT LIKE IT IS
Artists , Privacy / August 2003
EU
UK

PRIVACY LAW Artists The House of Commons Culture, Media and Sports Committee has published its long-awaited report on Privacy and Media Intrusion. In it the Committee made a series of recommendations. The one which has gathered the most publicity is that the Government “bring forward legislative proposals to clarify the protection that individuals can expect from unwarranted intrusion by anyone – not the press alone – into their private lives.” As the Committee rightly says: “This is necessary fully to satisfy the obligations upon the UK under the European Convention on Human Rights.” This was illustrated recently by the Peck case. There is already by means of the Human Rights Act a legislative provision providing some protection for individuals against intrusions into the private lives of individuals. This is by the importation (albeit obliquely) of Article 8 of the European Convention on Human Rights into our law. Here are some of the other recommendations made by the Committee. The Committee recommended that the PCC “should consider establishing a dedicated pre-publication team to handle enquiries about [prior restraint] issues from the public and liaison with the relevant editor on the matters raised.” This is because it is at present only by…

EUROPEAN COURT OF JUSTICE DECISION PAVES THE WAY FOR HARMONISED EC TAXATION FOR TOURING ARTISTS
Artists , Taxation / August 2003
EU

TAXATION Artists Arnoud Gerriste Case C-234/01 12 June 2003 The European Court of Justice has paved the way for the harmonisation of EU taxation of touring artists by radically overhauling the German system of taxation of foreign entertainments. The system had long been derided by artists and their advisors and the International Live Music Conference (ILMC) has campaigned for root and branch reform of the system. The Fifth Chamber’s decision of 12 June held that with respect to foreign artist taxation in Germany: (1) foreign artists must have the right to deduct expenses prior to a performance profit being taxed (2) when profitable, foreign artists must have the right to be taxed at the normal, progressive tax rates applicable in Germany (or indeed any member state) and (3) the free taxable amount [for example a personal allowance which can be earned free of tax] is not applicable to foreigner entertainers when calculating the tax payable. The court ruled that ‘Article 49 of the EC Treaty and Article 50 of the EC Treaty preclude a national provision which, as a general rule, takes into account gross income when taxing non-residents, without deducting business expenses, whereas residents are taxed on their net income, after…

ELECTRONIC FRONTIER FOUNDATION LAUNCH CAMPAIGN TO CHANGE US COPYRIGHT LAW
USA

COPYRIGHT Record Labels, Music Publishers, Internet, Artists The Electronic Frontier Foundation (EFF) today launched a “Let the Music Play” campaign urging the more than 60 million U.S. citizens who use file-sharing software to demand changes in copyright law to get artists paid and make file-sharing legal. The EFF Let the Music Play campaign counters the Recording Industry Association of America’s (RIAA) announcement that it will file thousands of lawsuits against individuals who use file-sharing software like Kazaa, Grokster, and Morpheus. “Copyright law is out of step with the views of the American public and the reality of music distribution online,” said EFF Executive Director Shari Steele. “Rather than trying to sue people into submission, we need to find a better alternative that gets artists paid while making file sharing legal.” EFF’s Let the Music Play campaign provides alternatives to the RIAA’s litigation barrage, details EFF’s efforts to defend peer-to-peer file sharing, and makes it easy for individuals to write members of Congress. EFF will also place advertisements about the Right to Share campaign in magazines such as Spin, Blender, Computer Gaming World, and PC Gamer. “Today, more U.S. citizens use file-sharing software than voted for President Bush,” said EFF Senior…

SOUTH KOREAN COURT EXPLORES ONLINE INFRINGEMENTS
Copyright , Internet / August 2003
South Korea

COPYRIGHT Internet Bugs Music, Koreas biggest online music service provider, has taken the upper hand in the initial stage of what is expected to be a long legal battle with prosecutors who are trying to draw a clear line on the copyright dispute between Internet music providers and the music industry. The Seoul District Court yesterday turned down a prosecution request for an arrest warrant for Park Sung-hoon, who heads the music provider. The Court said that as `his residence is fixed and there is no concern he will destroy evidence’ no warrant would be granted. Park was charged with copyright infringements as his online company provided music streaming services to more than 14 million members. Prosecuters will continue to investigate Bugs to determine future charges of copyright infringement. The lawsuit, which would serve as the conclusion of ongoing disputes surrounding Koreas online music service providers, was first brought up by a joint plaintiff of 25 local music labels and five distributors of foreign labels in February asking the court to shut down the online music site on charges of infringement of reproduction rights. Bugs Music has admitted that they are partly at fault. However, they are arguing that their…

GLOBAL SALES OF ILLEGAL CDs TOP 1 BILLION UNITS
Brazil
China
EU
Mexico
Poland
Russia
Spain
Taiwan
Thailand
Ukraine
USA

COPYRIGHT Record Labels, Music Publishers, Artists, Internet A report published by the International Federation of the Phonographic Industry (IFPI) shows that the illegal music market is now worth $4.6bn (£2.8bn) globally. It believes two out of every five CDs or cassettes sold are illegal. The IFPI said much of this money is going to support organised criminal gangs, dispelling the myth that it is a “victimless crime”. Jay Berman, chairman of the IFPI, said: “This is a major, major commercial activity, involving huge amounts of pirated CDs. The IFPI’s top 10 priority countries where labels want a crackdown on piracy are Brazil, China, Mexico, Paraguay, Poland, Russia, Spain, Spain, Taiwan, Thailand and Ukraine. The IFPI also pointed out that when factoring in unlicensed downloads then “only one in three music products in the UK is authorised.” Despite the increase in the amount of CDs illegally produced and sold around the world, up 14% on 2001, there has also been a rise in the amount of CDs and recording equipment seized. The number of discs seized on their way for public sale was more than 50 million, a four-fold rise on the previous year. The IFPI is concerned in two main…

AUSTRALIAN RECORD INDUSTRY SECURES ORDER TO ALLOW ACCESS TO UNIVERSITY COMPUTERS
Copyright , Internet , Record Labels / August 2003
Australia
USA

COPYRIGHT Internet, Record Labels Three of Australia’s largest Universities today lost the battle to block the music industry from gaining access to their computer infrastructure, with the Federal Court ordering them to allow the industry’s experts to gain access. Federal Court Justice Brian Tamberlin ordered the Universities of Sydney, Melbourne and Tasmania to allow the music industry access to the infrastructure to seek information regarding alleged breaches of copyright, such as file-sharing, by University staff or students. The music industry had been seeking access to information on the Universities’ network it claims contains evidence of copyright infringement, but the Universities refused, citing privacy concerns. Justice Tamberlin previously stated he would order the Universities to hand over the relevant information but had allowed time for both parties to provide arguments appealing the decision. This story is from: http://www.zdnet.com.au/newstech/security/story/0,2000048600,20276375,00.htm COMMENT : This Australian case follows on from the Recording Industry Association of America’s successful action against Verizon. There, the US Courts granted the RIAA access to the cable provider’s subscriber details so that the RIAA could identify those who infringed copyright on the internet. In both cases the right to privacy was held to be inferior to the right of copyright owners to seek…

MELBOURNE VENUE OWNERS OBJECT TO RESIDENTIAL DEVELOPMENTS NEAR EXISTING CLUBS
Licensing , Live Events / July 2003
Australia

LICENSING Live concert Industry The live music industry in Melbourne, Australia is pushing for a change in the law to put an obligation on builders and owners of new apartments built near live music venues to soundproof new buildings against the existing levels of noise. Venue owners say that as house and apartment prices in the inner city have soared, home owners’ expectations have changed and that new, more affluent residents don’t want to be kept awake at night by live music. Their complaints about noise to local authorities and liquor-licensing bodies are increasingly being taken seriously. The owner of one live music venue objected to a three-storey apartment block being built in a warehouse shell behind his venue. The owner says one wall of the block will be just metres from venue’s back door and beer garden, and that plans show that windows from two bedrooms will be “directly adjacent” to the rear of the venue. The venue currently hosts live bands six nights a week, playing until 1am. The venue told the Victorian Civil and Administrative Tribunal that builders should incorporate soundproofing into the new development but on March 31, VCAT ruled that the development could proceed although…

DEAL MEMOS AND CONTRACTS: PRETTY PICTURES v QUIXOTE FILMS (2003)
France

CONTRACT LAW Record Labels, Music Publishers, Television, Radio, Artists, Internet With the quick-fire thrust and parry of email becoming increasingly popular as a means of communication, the possibility of inadvertently creating a binding contract is an ever present danger. However, a recent case which came before the High Court has reinforced the basic legal principle that if the parties only intend to be bound by signature of a formal legal document, then an affirmation of the principal terms of the proposed agreement in email correspondence will not suffice for that purpose. In Pretty Pictures v Quixote Films the question came before the court as a preliminary issue. The claimant, a French film distributor, alleged that a binding contract had been concluded with the defendant, the owner of a film called ‘Lost in La Mancha’. Over a period of two or three months the claimant and the defendant’s sales agent had corresponded by email culminating in an email from the claimant setting out his ‘revised offer’. This, in effect, was a bald statement of the principal terms: minimum guarantee, term, territory, rights granted and income splits. There followed further negotiations but ultimately an accord was reached and the defendant’s sales agent sent an…

DEAL MEMO IS NOT A CONTRACT BUT INVOICE CAN BE. RAP IS A ‘FOREIGN’ LANGUAGE
UK

CONTRACT LAW Record Labels, Music Publishers, Artists Confetti Records & Others -v- Warner Music UK Ltd This UK case involved the purported licence of a sample of the track Burnin by the claimants to the defendants. The first claimant (Confetti) had been negotiating with the defendants about use of the track and had issued a ‘subject to contract’ deal memorandum which both parties signed. The first claimant then issued an invoice to the defendant and sent a recording of the track. Mr Justice Lewison held that ‘subject to contract’ had the same meaning in the music industry as other businesses and the document was not binding as such. It was for the defendant to prove otherwise. As the defendant had failed to do this, the deal memorandum was not binding. But Mr Justice Lewison went on to decide that the subsequent sending of an invoice with the track constituted an offer which was subsequently accepted by the defendant’s conduct in making use of the track and hence a contract had come into existence so there could be no copyright infringement as permission to use was granted. The third claimant, Andrew Alcee, brought a claim under Section 80 of the Copyright Designs and Patents…

LEEDS FESTIVAL GRANTED LICENCE
Licensing , Live Events / July 2003
UK

LICENSING Live Event Industry The Carling Weekend Leeds Festival was successful in its applications for a public entertainment licence at both Temple Newsam and Bramham Park after strong objections from local residents at the Festival’s 2002 site, Temple Newsam. Last year’s Festival ended in riots and arson and local residents had described the Festival’s history as ‘4 years of hell’. But the Mean Fiddler Organisation has decided to go ahead with the Bramham Park site after the local authority recognised the cultural and economic benefits the festival brought to the local area. See: www.nme.com In a separate matter reported in the Stage (May 22, 2003) it was announced that the British Actors Equity Association (Equity), the trade union which represents artists and performers, had brought an emergency motion to its annual conference after insurers announced that they were no longer able to secure public liability cover for hypnotists. As all performers using hypnotism must have public liability insurance when applying for a licence from the relevant UK local authority the current situation inevitably means that no licences can be granted.

US COURT DIMISSES COPYRIGHT INFRINGEMENT CASE
USA

COPYRIGHT Artists, Record Labels, Music Publishers A federal judge has dismissed a copyright infringement lawsuit against Britney Spears, her record label (Zomba/Jive) and BMG Music Publishing, saying two Philadelphia songwriters failed to prove the pop singer copied the melody of one of their songs. U.S. District Judge Berle M. Schiller ruled last week that Michael Cottrill and Lawrence Wnukowski couldn’t provide enough evidence to prove Spears had access to their song titled, “What You See Is What You Get,” when she recorded, “What U See (Is What U Get).” Cottrill and Wnukowski said they gave one of Spears’ representatives a copyrighted version of their tune in late 1999 after being asked to submit songs for consideration for the singer’s upcoming album. But Schiller, citing defence testimony, said the melody of Spears’ song was completed by the beginning of November 1999, before Spears and her representatives “would have had access to a copyrighted version of plaintiffs’ song.” The Judge went on to say that there weren’t enough similarities between the two songs to prove copyright infringement. The four men credited with writing Spears’ song, released on her best-selling second album, “Oops! … I Did it Again,” testified that they hadn’t heard…

HARRODS v DOW JONES
Australia
UK
USA

DEFAMATION Artists, Record Labels, Music Publishers, Internet In December 2002 the Australian decision of Gutnick v Dow Jones established the principle that where a newspaper or magazine was published on the internet, a claimant could bring an action in ANY jurisdiction where that magazine could be received, in this case in the state of Victoria in Australia even though the newspaper was published in the US. In this case (with the same defendant) Mr Justice Eady was presented with the following case. On 31 March 2002 Harrods issued a spoof press release proposing a “first-come-first-served share option offer” by way of an April Fool’s joke. The Wall Street Journal picked up the press release with a story headed “The Enron of Britain?” The article suggested that “If Harrods, the British luxury retailer, ever goes public, investors would be wise to question its every disclosure.” The evidence before the court was that only ten copies of the Wall Street Journal are distributed in this country from the United States. There was evidence of only a very small number of hits on the article as published on the web. By contrast, the Wall Street Journal has a national distribution within the United…

SPIKE LEE WINS SURPRISE VICTORY IN ACTION OVER VIACOM’S ‘SPIKE’ CHANNEL
USA

IMAGE RIGHTS Artists, Record Labels Director Spike Lee issued proceedings against US media giant Viacom over plans to rename a cable channel Spike TV. Viacom had said that it wanted to make the name change in order to attract more male viewers. Lee’s application included a request for injunctive relief against Viacom’s use of the name Spike, saying he had never given his consent for it to be used. Lee – real name Shelton Jackson – had included affidavits from actors Ed Norton and Ossie Davis and former senator Bill Bradley. The signatories said they had thought of Lee when they heard about Spike TV and believed he had become affiliated with the network. Viacom argued that the word ‘spike’ was a common and ordinary word which they were free to use. Viacom, which also owns broadcasters such as CBS, MTV, and VH1 had been directed by the court to explain why it should not be barred from using the name. In a surprise decision the 5 member Manhatten Court held that Viacom did have a case to answer and ruled that Viacom could not use the name until a further hearing in September 2003. Acting Justice Tolub held that…

DJ’s CASE STRENGTHENS CASE FOR UK PRIVACY LAW
Artists , Privacy / July 2003
UK

PRIVACY Artists UK DJ Sara Cox has been successful in an action against Sunday newspaper The People after the newspaper published nude shots of Cox and boyfriend John Carter on their honeymoon whilst relaxing on a private beach. Cox had originally complained to the UK’s Press Complaints Commission, the self-regulatory body which issues and adjudicates on the PCC’s code of conduct. The photographs which were in clear breach of the code resulted in a 63 word apology from the newspaper. Cox, unhappy with this result, brought an action in the High Court which resulted in a settlement awarding the DJ ÿ£50,000 as well as costs estimated at ÿ£200,000. See: The Guardian 9 June 2003. COMMENT : The result of this case is bad news for the Press Complaints Commission and bad news for self-regulation by the press in the UK. The Editor of the Sunday People sat on the PCC’s main committee as well as the code of conduct committee and the paper was clearly aware of the code. This case highlights the failures of the PCC and strengthens the case for more robust privacy laws in the UK. Recent cases (Naomi Campbell -v- Mirror Group Newspapers and Catherine Zeta Jones…

VERIZON HAND OVER SUBSCRIBER DETAILS
USA

COPYRIGHT Record Labels, Music Publishers, Internet Having failed to persuade the appeals court of its case, US ISP Verizon has handed over the names of four of its customers to the Recording Industry Association of America (RIAA) – marking a significant victory for the RIAA and a shift in the way that the US courts deal with the conflict between copyright infringements on the internet and customer privacy on the internet. The decision will undoubtedly have an impact on net users around the world. The RIAA first contacted Verizon last year after finding files being shared through the Kazaa peer-to-peer network from computers with IP addresses on Verizon’s network. The RIAA had no way to find who the users behind those computers were, so used a provision of the Digital Millennium Copyright Act to issue a court-authorised subpoena to the ISP, asking for the subscriber names. Verizon refused, arguing that they were just a communications channel and had nothing to do with the potentially copyright-infringing behaviour of their customers. For comment in this area see: ‘Copyright holders like record labels have too much power over what people do with songs’ argues technology analyst Bill Thompson. See: http://news.bbc.co.uk/1/hi/technology/2968216.stm

ASSOCIATED NEWSPAPERS PROTECT ‘MAIL’ NEWSPAPER MARK
UK

TRADE MARK Artists, Record Labels, Internet Associated Newspapers, owners of the Daily Mail, Mail on Sunday and Evening Standard suceeded in a High Court action to prevent rival publishing group Express Newspapers from calling their planned new evening newspaper theEvening Mail or the London Evening Mail. Mr Justic Laddie held that the the proposed title could confuse the general public into believing that the new paper came from the Daily Mail’s stable rather than from a different publishing group. COMMENT : In the United Kingdom trade names and brands are protected both under legislation as statutes (under theTrade Mark Act 1994, EC Directive 89/105) or under the common law doctrine of ‘passing of’. Trade Mark legislation allows for registration of distinctive recognisable marks with an initial protection for twenty years, in effect giving the owner of a registered mark an effective licence for use and exploitation for this period. Protection can now be extended by registering the mark as a Community Trade Mark. Passing off protects traders’ reputation, goodwill or products. No registration is needed but a brand or name must be in established use. It was held in Spalding -v- Grange (1915) that ”no person is entitled to represent his goods as…

RIAA FACE SETBACK IN LATEST ACTION AGAINST P2P FACILITATORS
USA

COPYRIGHT Record Labels, Music Publishers, Internet In a blow to record labels, music publishers and film producers, a Federal judge in Los Angeles on Friday denied the Recording Industry Association of America’s (RIAA) motion for summary judgement in its copyright-infringement suit against peer-to-peer file-swapping services Morpheus and Grokster. The RIAA along with the National Music Publishers’ Association and the Motion Picture Association of America, filed the suit in 2001. Judge Stephen Wilson broke with the recent series of victories for the entertainment industries’ trade association recently and ruled that the P2P service providers are not liable because they are capable of non-infringing use. He compared the case to landmark litigation brought by movie studios in 1984 against Sony Corporation over the sale of Betamax videocassette recorders which of course could be used to (legitimately) play pre-recorded copies of films but could also be used to copy programmes from the television. Judge Wilson held that “The sale of copy equipment … does not constitute contributory infringement if the product is capable of substantial non-infringing uses,” Wilson wrote. Grokster and StreamCast Networks, firms that distribute the file-sharing programs Grokster and Morpheus, were not guilty of copyright infringement just because some users swap…

US COURT HAMMERS MAJORS’ ACCOUNTING PRACTICES
Artists , Copyright , Record Labels / June 2003
USA

COPYRIGHT Record Labels, Artists On April 22 2003, the U.S. District Court based in Los Angeles, dealt a blow to BMG and Sony, deciding that record clubs owned by the two majors had to face a court action scheduled for January 2004. The court found that the record clubs failed to pay for mechanical licenses on the premium records given away (roughly 6-8 cents per song, per copy sold). Songwriters’ lawyers estimate that the record clubs failed to account for approximately $100 million dollars a year. The following comment is from respected industry author – Moses Avalon, in his latest e-newsletter Moses Supposes. His site can be found at www.mosesavalon.com. It is an interesting attack on what might be seen as the hypocritical attitude of the labels in pursuing P2P file sharers and yet at the same time maintaining archaic and unfair accounting and trade practices. The Recording Artists’ Coalition have made similar comments (see Law Updates March 2003 and www.recordingartistscoalition.com). “All this makes you wonder why the RIAA (which is funded by companies who own both major publishing houses and record clubs) scream bloody hell over KazaA and Napster, and yet ignore this? Could it be to distract us from the fact…

MICHAEL JACKSON LAUNCHES ACTION AGAINST MOTOWN
Artists , Copyright , Record Labels / June 2003
USA

COPYRIGHT Artists, Record Labels Michael Jackson is suing his former label Motown Records and its parent company Universal Music Group. Jackson claims that Motown, the label he signed with in 1969, breached a contract dated January 1980 that required the label to pay him royalties for certain pre-1976 recordings made by Jackson as a solo artist and the Jackson 5. In exchange for those royalties, Michael Jackson had agreed to waive his rights to other pre-1976 recordings. The 1980 contract was actually a settlement agreement stemming from lawsuits filed in 1975 and 1976 by the members of the Jackson 5 against Motown over accounting and contractual obligations. Jackson is now seeking complete and accurate accounting from Motown with full payment of all royalties due. Jackson is also asking the court to rescind the 1980 agreement and the underlying contract allowing Jackson to regain ownership and title to his master recordings and compositions. For more details see http://www.rollingstone.com/news/newsarticle.asp?nid=18038

CALIFORNIA SENATE TO CONSIDER DRAFT LAW TO OBLIGE RECORD LABELS TO CALCULATE ROYALTIES
USA

COPYRIGHT Record Labels, Artists, Music Publishers A Bill designed to provide Californian recording artists with accurate accounting has won approval from the Senate Judiciary Committee. The Bill (SB1034) introduced by Senator Kevin Murray (D) would make it a “fiduciary duty” for labels to accurately calculate royalty earnings owed to artists. Music industry officials oppose the Bill, saying it would impede labels from developing new business models in the face of surging piracy. RIAA (Recording Industry Association of America) President Cary Sherman testified Tuesday that the bill “would distort the intensely negotiated, arms-length contractual relationship between an artist and recording label by imposing a fiduciary duty only on one party.” However, Committee members countered that only one party, the record company, holds the financial information to calculate royalties. The Recording Artists’ Coalition have repeatedly claimed that recording contracts are outmoded and complex, lack clarity in royalty calculations and contain numerous unjustifiable royalty reduction and discount provisions. See http://www.billboard.com/bb/daily/article_display.jsp?vnu_content_id=1883484

UGANDAN MUSIC PIRACY PROMPTS NEW COPYRIGHT SANCTIONS
Artists , Copyright , Record Labels / June 2003

COPYRIGHT Record Labels, Artists Widescale CD and cassette piracy in Uganda have prompted the Uganda Performing Right Society (UPRS) to push for legislation to criminalise piracy. UPRS estimate that over ten million units are copied and sold in Uganda annually depriving copyright owners of substantial royalty payments. Source:http://allafrica.com/stories/200304240277.html 

BELGIUM TO INTRODUCE TAX ON REWRITABLE CDs
Belgium

COPYRIGHT Record Labels, Music Publishing The Belgian Ministry of Economy has announced that a 12 eurocent per hour tax will be levied on blank rewritable CDs to compensate composers, copyright holders and performers for copies made for personal use and to counterbalance the likely lower income paid to copyright owners from reduced music CD sales. Meanwhile, in a different approach to music piracy, Italy has announced tough new laws against those illegally buying and selling pirated music on street stalls. For the first time, buyers of pirated CDs will face a fine of up to 154 euros for each illegal CD brought. Sanctions against vendors have been increased and vendors face fines and imprisonment for up to three years. See http://www.expatica.com/belgium.asp?pad=88,89,&item_id=30857

US JUDGE THROWS OUT CLAIM FOR DAMAGED HEARING
USA

HEALTH & SAFETY Live Concert Industry Manhatten Supreme Court Judge Matrin Schoenfeld threw out a lawsuit from 56 year old lawyer Jeffrey Powell who claimed that John Fogerty’s music damaged his hearing. Judge Schoenfeld rejected the claim saying “if you don’t like loud music don’t go to rock concerts” and added that “Nobody is forced to attend rock ‘n’ roll concerts”. Powell saw the former Creedence Clearwater Revival frontman in concert six years ago. In the eight-page decision released yesterday, the judge referred to Powell as an “eggshell ear” – and rejected his $5 million lawsuit. “That ‘loud music’ can cause hearing impairment is “perfectly obvious” and “commonly appreciated” Schoenfeld said. The judge said Powell admitted he suffered ringing in his ears for years after attending rock concerts but went to see Fogerty anyway with three friends. Powell said that after one or two songs, he left and listened from outside the ballroom, returning once to find his friends with their fingers in their ears. Judge Schoenfeld said Fogerty’s “bluesy, good-time, roots-rock” sound has never been thought of as particularly loud, compared with bands such as the The Who and Led Zeppelin. See http://www.nydailynews.com/news/local/story/79224p-72867c.html

BRITISH SINGER MISS KIER ALLEGES THAT HER CHARACTER RIGHTS ARE BEING USED WITHOUT CONSENT
Artists , Copyright , Trade Mark / June 2003
UK

COPYRIGHT, TRADEMARK Artists, Merchandising The flamboyant British singer Lady Miss Kier believes a video game has stolen her image including her pink ponytailed hair, short skirt and knee-high boots and signature cry of “Ooh La La.” Miss Keir, who found fame with Deee-Lite, filed the suit in the Los Angeles Superior Court this week against the U.S. arm of video game publisher Sega, alleging the 2000 game “Space Channel 5” used her likeness for the ‘Ulala’ character without her permission and that the name of the character is based on Keir’s own signature ‘Oh La La’. Keir alleges that Sega approached her for permission but still used her image even after she declined to grant a licence to Sega . See http://www.forbes.com/technology/newswire/2003/04/30/rtr957273.html

RIAA -V- STUDENTS
USA

COPYRIGHT Record Labels, Music Publishing, Internet Four US students have agreed to pay damages after the RIAA (Recording Industry Association of America) issued proceedings for providing illegal peer-2-peer downloading sites for profit. Daniel Peng, Joseph Nievelt, Jesse Jordan and Aaron Sherman also agreed not to illegally distribute copyrighted music, although they did not admit to any wrongdoing (see Law Updates May 2003 RIAA Launches Pre-emptive Strike Against Student Downloading). The four students will pay between $12,000 (ÿ£7,500) and $17,500 (ÿ£11,000) each to the RIAA. The RIAA hope that the action will prompt universities to shut down similar downloading services which are facilitated by university high speed broadband and cable services which are available to students. Source www.riaa.com

VERIZON MOTION TO QUASH FAILS
USA

COPYRIGHT Record Labels, Music Publishers, Internet In an update on the case between the RIAA and Verizon (see Law Updates March 2003), Judge Bates of the U.S. District Court for the District of Columbia, has denied Verizon’s motion to quash a subpoena requiring it to identify a subscriber who was suspected of illegally sharing music online on the 24th April. The RIAA (Recording Industry Association of America) had served the subpoena on Verizon under the provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”). Under the DMCA, a copyright holder can request a subpoena by asserting that a violation has occurred. Verizon put forward constitutional challenges, arguing that the Courts construction of the provisions of the DMCA does not provide sufficient safeguards to protect Internet users’ rights of expression and association under the First Amendment Rights of Internet users, and violates Article III of the Constitution. Both of these arguments were rejected by the Court. See www.riaa.com and www.dww.com/newsletter/ For the full decision see (pdf file) : http://www.dcd.uscourts.gov/03-ms-0040.pdf

RAVE ACT PASSES THROUGH US CONGRESS
Licensing , Live Events / June 2003
USA

LICENSING Live Concert Industry The US Rave Act has passed through the US Congress when Senator Joe Biden tied the provisions to the Child Abduction Prevention Act. This means that the promoter or organiser of events and/or the property owner can face imprisonment for up to twenty years if drugs are found being used at venues and nightclubs. The Drugs Policy Alliance warned that ‘Property owners can be punished for drug offences which their customers commit – even if they work hard to prevent such offences.’ See www.ilmc.com and www.drugpolicy.org

BARBARA TAYLOR BRADFORD BRINGS ACTION IN INDIAN SUPREME COURT
Copyright / June 2003
India
UK

COPYRIGHT Television, Radio The author Barbara Taylor Bradford has won an injuction in the Indian Supreme Court to prevent transmission of a 260-episode Bollywood serial ‘inspired’ by her best selling novel A Woman Of Substance. The novel tells of the heroine’s rise from an impoverished servant to become head of a business empire and the Bollywood serial Karishma – the Miracles Of Destiny charts a similar story. Both stories begin with the heroine recounting her adventures in old age. Taylor Bradford won an injunction at first instance in the Calcutta High Court, although this was overturned on appeal. However on the 12th May the injunction was confirmed in the Supreme Court – although broadcaster Saraha TV broadcast the first episode risking an action for contempt of court. (source: The Times, May 14th 2003). COMMENT : This case could have interesting ramifications in the debate on the protection of format rights. UK copyright law does not protect ideas, only the expression of ideas. It is sometimes very difficult to draw the line between what is an idea and what is the expression of an idea. In the English case of Rees -v- Melville (1911), it was held that the plot or storyline to a play could be protected but…