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…