New .EU domain names to be available in 2005
Trade Mark / December 2004
EU

TRADEMARK All Areas The new .eu top level domain names are to be phased into use in 2005 following an agreement reached between the European Commission and EURid, the registry responsible for the new .eu domain name. The first period of registration, the ‘sunrise period’, will allow those with registered trademarks , names of public bodies and territories governed by such bodies the right to apply for the .eu suffix. The application for the domain name must exactly match the name registered or for that which priority registration is claimed and evidence supporting the registration must be provided within 14 days of application. This phase will last for two months probably starting in April or May 2005. After the sunrise period the .eu domain will ‘go live’ and be freely available on a first come first serve basis. Certain names will not be registerable by EURid (eg geographical names and those which are clearly defamatory). Evidence may be adduced to support a registration (such as the name of a company registered with Companies House) but where an application is based on an unregistered right or mark then the onus will be on the applicant to produce evidence supporting the application…

BPI and IFPI take action against Jetgroove.com
Copyright , Internet , Record Labels / December 2004
UK

COPYRIGHT Record Labels, Internet An international anti-piracy action by the BPI and IFPI has led to the removal of over 50,000 tracks and albums being offered for sale at the website jetgroove.com. Jetgroove claimed that they would pay royalties to the copyright owners based on the material that was actually downloaded, but the website prompted numerous complaints from IFPI and BPI members on the grounds that these tracks were being made available without permission. The content providers were based in Moscow and the Domain Name Server & streams were hosted on US servers. IFPI sent a strongly worded cease and desist notice to the content providers requesting the immediate removal of the infringing material. BPI Director of Anti-Piracy David Martin said: “Whether it’s individuals illegally uploading files to peer-to-peer networks or companies seeking to make money out of our members’ copyrights without permission, the BPI’s anti-piracy unit is here to protect our members’ rights”. Although none of the current remaining tracks and albums are believed to be infringing members’ copyrights, the BPI and IFPI will continue to monitor the site. Any BPI members who have content on the site should contact antipiracy@bpi.co.uk with the full details of the tracks concerned….

Reggae Star refused entry to UK
Health & Safety , Live Events / December 2004
UK

HEALTH & SAFETY Live Concert Industry Jamaican reggae star Sizzla Kalomji has been refused entry to the UK. Sizzla’s lyrics which are allegedly homophobic are under investigation by the police. The singer has also allegedly supported the burning of homosexuals and murder of all white people. He was banned form the UK by Home Secretary David Blunkett. Source : The Times, 5 November 2004

Rap label bookkeeper faces money laundering charges in the US
Criminal Law / December 2004
USA

CRIMINAL LAW All Areas A bookkeeper for the hip-hop label Murder Inc has been arrested on charges of laundering drug money and hiding some of the label’s earnings from the Internal Revenue Service, according to an indictment in Federal District Court in Brooklyn. Cynthia Brent, pleaded not guilty and was released on bail. The indictment comes almost two years after federal agents raided Murder Inc.’s New York offices as part of an investigation into ties between its founder, Irv Gotti, and a Queens’ drug dealer, Kenneth McGriff. Investigators are trying to determine whether Mr. McGriff, currently serving a prison sentence, used his drug profits to help Mr. Gotti start Murder Inc. According to the indictment, Ms. Brent conducted financial transactions that involved money she knew to have come from drugs. She is charged with two counts of money laundering. The indictment also states that in the fiscal year beginning in October 2000, Ms. Brent divided large amounts into small deposits of less than $10,000 to avoid reporting rules. The small deposits added up to more than $100,000, the indictment states. See : http://www.nytimes.com/2004/11/09/nyregion/09rap.html?oref=login

Tennis Star’s Court of Appeal hearing will have important ramifications for the international live tour business
Taxation / December 2004
UK

TAXATION All Areas Andre Agassi has launched an appeal against the Inland Revenue in the United Kingdom in a case which will have implications across the sporting and entertainments worlds. The tennis star is fighting an Inland Revenue decision to allocate a taxable charge against some of his sponsorship income even though he is a foriegn national and the monies were paid to him outside of the UK by a non resident sponsor. The Inland Revenue deemed that some of the income from the sponsorship must be attributable to tournaments and public appearances made in the United Kingdom. The High Court (Mr Justice Lightman) has already rejected his challenge against the assessment of a tax payable of 250 (E40,000 approx) in respect of payments from Nike and Head even though neither company had a tax presence in the UK. The High Court ruled that the payments, made in the 1998/99 tax year, fell within the provisions of the Income and Corporation Taxes Act 1988 and supported the Inland Revenue assessment on the basis that at least part of the payment was derived from time Agassi spent at tournaments in the UK including the Wimbledon grand slam event. The Court of Appeal…

New Pension Law Revisions in Italy Challenged by Ballet Stars
Artists , Taxation / December 2004
Italy

TAXATION Artists Italian ballet stars have threatened to strike if proposed reforms to pension laws mean they have to keep working until normal retirement age. Italian dancers escaped reforms eight years ago when new pension laws designed to harmonise retirement ages excused ballet dancers allowing retirement at age 45 for women and 52 for men. The new rules would mean ballet dancers would not be eligible for pensions until at least 60 years of age post 2008. Deputies in the Italian parliament are lobbying the Parliamentary Budget Commission for amended legislation allowing ballet dancers to retire between the ages of 47 and 49. The new legislation covers dancers employed by Italy’s opera and ballet companies including dancers at La Scala and the Rome Opera House. Source: The Times 5th November 2004

Hollywood film studios to sue individuals who swap pirated copies of films over the Internet
Copyright , Internet , Record Labels / December 2004
USA

COPYRIGHT Film Industry, Record Labels, Internet The Motion Picture Association of America (MPAA) has said that it will follow the example set by the record industry and file the civil suits against individuals who upload/download films and swap these over the internet and would seek damages of up to $30,000 (300) per film. Dan Glickman, head of the MPAA, said the lawsuits were necessary before high-speed internet access made downloading pirated films easier. The MPAA have said it will file hundreds of lawsuits commencing November 16 commenting that “Illegal movie trafficking represents the greatest threat to the economic basis of movie-making in its 110-year history.” The crackdown will target individuals who deal in illegally copied cinema products on file-swapping networks, as well as the pirates themselves. Glickman added: “People who have been stealing our movies believe they are anonymous on the internet, and wouldn’t be held responsible for their actions. “They are wrong. We know who they are, and we will go after them, as these suits will prove.” The MPAA claims the US film industry loses more than $3bn every year in potential global revenue because of piracy. But Glickman said the figure did not take into account the…

Pensioners unlicensed tea dance attracts the attention of the PPL
UK

COPYRIGHT Record Labels, Music Publishers Dancers at an over-60’s tea dance club are calling to be let off from paying fees for copyright use. Members of the High Wycombe club face having no music if they do not pay the a-year charge to the Performing Rights Society and Phonographic Performance Limited. The club, who meet once a fortnight at the Reggie Groves Centre in High Wycombe are appealing to the societies to waive the fee. The members enjoy two hours of dance to the music provided by 87-year-old Charlie Bristow from his personal CD collection. Mr Bristow, who has won national dancing awards, said dancing was good healthy exercise for older people. Charlie has been running the club for 16 years, playing organ and dance band music from people such as Victor Sylvester and Joe Loss. “None of that modern rubbish”, he says. Mr Bristow went to Wycombe District Council to complain about the extra costs and to see if the council could help with cash But the council could not offer much help saying that it was the PPL calculated how much people had to pay, not the council. The club was let off paying last year but would…

Puretunes operation ends in $10 million victory for the Recording Industry Association of America
Copyright , Internet , Record Labels / December 2004
USA

COPYRIGHT Record Labels, Internet The Recording Industry Association of America has won an important battle against the four men behind Puretunes who attempted to take advantage of what they perceived as a loophole in Spanish law to allow them to sell MP3s online legally.The four individual defendants have, along with the company that owned the site they ran, agreed to pay music labels $10.5 million to settle the copyright infringement case brought against them by the Recording Industry Association of America. The RIAA sued Wayne Rosso, Daniel Rung, Michael Rung, Matthew Rung and Sakfield Holding Company SA in July 2003, alleging copyright infringement and that the defendants had defrauded customers into believing the music downloading site, Puretunes.com, had secured licenses from RIAA members even though they hadn’t. The site was established in Madrid May 2003 to sell music subscriptions, falsely believing that a loophole in Spanish law would allow it to sell US music licensed through Spanish music publishing agencies, without having to consult the record labels themselves. According to Rosso, the company shut down Puretunes.com in June 2003, after just a month in business, once they realized this was not the case. During its operation, Puretunes sold download subscriptions,…

New York Attorney General Investigates ‘Payola’ Charges Against Majors
Competition , Record Labels / December 2004
USA

COMPETITION LAW Record Labels The New York Attorney General, Eliot Spitzer, has targeted the major labels in the US (Warners, Universal, EMI, BMG-Sony) in an anti corruption investigation into payola – securing radio airplay for acts. Mr Spitzer has issued subpoenas to EMI and the other majors to seek details of any links between record companies and independent pluggers who are used to promote artistes to radio stations. Mr Spizer is investigating whether the use of ‘go-betweens’ violates anti-payola laws in the US – enforced by the Federal Communications Commission which prevent labels buying airtime. In 2002 the RIAA called on the US Government to bolster the laws and investigate questionable practices in the radio industry. Source: The Times 23 October 2004 and see : http://www.guardian.co.uk/business/story/0,3604,1334252,00.html

Forum non conveniens Principles upheld in Claim Against Schwarzenegger. Richardson vSchwarzenegger & Others (2004)
Artists , Defamation , Internet / December 2004
UK

DEFAMATION Artists, Internet, Broadcasters ARTICLE: Jonathan Coad, Solicitor, Simkins Partership This case where judgment was handed down on 29 October 2004 concerned the allegations which surrounded Arnold Schwarzenegger as he stood for election as governor of California. The claimant was the television presenter Anna Richardson. She was one of a number of women who came forward and suggested that Schwarzenegger had engaged in inappropriate conduct. It was the denial of these allegations and suggestion that they were fabricated which gave rise to a claim in which the question of the appropriate forum to litigate Schwarzenegger’s reputational issue came before Mr Justice Eady. There was what the judge himself described as a cri de coeur from Richard Spearman QC on behalf of one of the defendants, Mr Walsh (a spokesman for Mr Schwarzenegger), in these terms: “This case is about whether a spokesman for a foreign politician in a local election campaign who was asked by a foreign newspaper to respond on behalf of the foreign electoral candidate to allegations concerning the past conduct of that candidate, and he provided a response that is immune from suit under local law and is protected by qualified privilege under our system in circumstances…

Database Protection narrowed: British Horseracing Board v William Hill ECJ, 9 November 2004
Copyright , Internet / December 2004
EU

COPYRIGHT Retail, Internet This case arose out of a referral by the Court of Appeal who asked the European Court of Justice to clarify the extent of the Database Right. The Database Right, which was thought to provide wide-ranging protection for databases far beyond that afforded by standard copyright, has been narrowed in reality once a fixture database was published it became unprotected. The right was thought to be useful where a database may not qualify as an original literary work under the provisions of the Copyright Designs & Patents Act 1988. The European Court of Justice finally ruled in the case by giving answers to some key questions regarding interpretation of the Database Right, which was created by an EU directive and implemented in the UK by the Database Regulations 1997. The ECJ ruled in William Hill’s favour by finding no infringement of BHB’s Database Right. The case involved the accessing of data from BHB’s database of pre-race information by William Hill bookmakers (via an intermediary subscription service), which was then displayed on the William Hill website. Given the immense amount of information in the original database, it was accepted by both sides that William Hill had only displayed…

Newton fails in appeal against the Beastie Boy’s unauthorised use of song melody, Newton v Diamond
USA

COPYRIGHT Record Labels, Music Publishing, Artists Jazz flutist James W. Newton has again failed in his action against the Beastie Boys as a federal court in San Francisco denied for a third time his copyright infringement claim against the band and various distributors of the rappers’ 1992 recording “Pass the Mic.” The suit, filed in Central District Court in Los Angeles in 2000, claimed that the sample infringed the Newton composition “Choir.” Although the Beastie Boys licensed Newton’s recording before releasing their song, they claimed the six-second sample of the underlying composition – consisting of only three notes – was too small to require a license under copyright law even though it was looped over 40 times in their song. The District Court agreed with the group, and granted summary judgment in 2002. Newton appealed, but the Ninth Circuit Court of Appeals also sided with the Beastie Boys in 2003. The court held that the amount of the composition sampled was too small to be unlawful; it was a lawful “de minimis” use. Newton petitioned the three-judge panel to reconsider its decision or to hold a rehearing en banc, with the participation of all active Ninth Circuit judges. In this…

Rolling Stones must arbitrate royalty dispute with Decca
UK

CONTRACT Record Labels, Music Publishing, Artists Mr Justice Pumfrey has held that the Rolling Stones must settle their royalty dispute with Decca by way or arbitration. The band had been seeking to audit Decca’s books to force the label to pay out millions of pounds allegedly owed to the band. However the High Court hearing resulted in a ruling that under the terms of an agreement between the label and Mick Jagger, Keith Richards and Charlie Watts, disputes over royalty payments must be referred to arbitration rather than being dealt with by the court. The dispute arose out of royalties from the best selling compilation 40 Licks. The band were given leave to appeal. SourceThe Times 13 November 2004 and see : http://www.billboard.com/bb/daily/article_display.jsp?vnu_content_id=1000718886

House of Lords restricts occupiers liability for accidents: Tomlinson v. Congleton Borough Council and others(2004)
Health & Safety , Live Events / December 2004
UK

HEALTH & SAFETY Live Event Industry The House of Lords has made an important decision limiting the liability of occupiers: This case arose out of a tragic accident at Brereton Heath Country Park, between Holmes Chapel and Congleton. The Park covers about 80 acres and owned by Congleton Borough Council since 1980 when the council acquired the land surrounding what was then a derelict sand quarry and laid it out as a country park. The Park is managed by Cheshire County Council. On a very hot 6th May 1995 18 year old John Tomlison and some friends went to the Park and to cool of Tomlinson dived into the lake and his head hit the bottom, broke his fifth vertebrae and is now a tetraplegic. The majority of the Court of Appeal (Longmore LJ dissenting) had allowed an appeal from the decision of Mr Justice Jacks and held that the defendants were liable for a claim in occupier’s liability. However the House of Lord robustly criticised the majority decision in Court of Appeal and all five Law Lords found that no liability was owed to the claimant, upholding the original judgement of Jacks J and supporting the position of Longmore…

Fair Dealing – Or What Connects Princess Di, L. Ron Hubbard and A Clockwork Orange?
UK

COPYRIGHT Broadcasting, Record Labels, Music Publishing, Publishing ARTICLE: Carrollanne Lindley, trademark attorney and partner, Kilburn & Strode In this article, UK trade mark attorney Carrollanne Lindley explores the defence of ‘fair dealing’ which in UK law can be used as a defence in certain circumstances by those who have copied an original work without permission. Fair dealing (and ‘fair use’) in the USA do have a direct relevance to the music industry, particularly to music sampling disputes, and readers may also wish to reference the Music Business Journal article by Ben Challis on this topic -“‘The Song Remains The Same” – and a link is given at the foot of the page for this article. Copyright law in the United Kingdom stems from statute. Therefore, as any act of copying an original work is subject to a blanket cover, all exceptions must be given by statute. Fair dealing as a defence, dealing equating to use in this context, is derived exclusively from legislation. The provisions are laid out in Sections 29 and 30 of the Copyright, Designs and Patents Act 1988 as amended. There are three permitted purposes generally – criticism or review; reporting current events; research and private study….

BPI To Bring First Legal Actions Against ‘Major Filesharers’ in the UK
Copyright , Record Labels / November 2004
UK

COPYRIGHT Record Labels The British record companies trade association the BPI (British Phonographic Industry) has announced that it is joining sister associations in the US and in Europe to begin a rolling programme of legal action against ‘major filesharers’ who illegally make copyright music available to millions of people across the world on peer-to-peer networks. The BPI is beginning the process of legal action against 28 UK filesharers. More cases are expected to follow. The BPI will seek damages and injunctions to stop these filesharers illegally uploading recordings on to filesharing networks. The large-scale uploaders subject to legal action include users of the KaZaA, Imesh, Grokster, Bearshare and WinMX networks. The announcement comes against the background of a breakthrough year for legal online music services in the UK, with the launch of high-profile services like Mycokemusic, iTunes and Napster and the launch on September 1st of an Official UK Download Chart. However the major labels and the BPI have done little to endear themselves to the British consumers having allowed Apple and Coke to develop business models which consumers actually want at a price they will pay. The labels own services were unwanted and poorly thought out. BPI chairman Peter Jamieson said, “We…

Creative Commons Launched in Canada
Copyright / November 2004
Canada

COPYRIGHT All Industry Areas On September 30, 2004, the Canadian Creative Commons project was launched online. Led by the University of Ottawa’s Canadian Internet Policy and Public Interest Clinic, it is designed to allow Canadians who create digital works, such as web sites, texts, courseware, music, film and photography, to share their works and allow others to copy, modify and redistribute them. The project attempts to create a balance between a system of total creative control – the “all rights reserved” scenario and an unprotected public domain in which creators are vulnerable to exploitation “no rights reserved”. A creator using the Creative Commons licence will be able to publicise terms and conditions under which other creators may have access to the work’s source code. In other words, it’s a system of “some rights reserved”. The system has already been launched in the Netherlands and the US Creative Commons was established in 2002 and has provided licences to more than three million digital works. The conditions include the following: (a) attribution (others may copy, distribute, display and perform the work, and any derivative works based on it, if the creator is given credit); (b) non-commercial use (others may use the work…

Entertainment Giants Push Supreme Court to Rewrite Copyright Law
USA

COPYRIGHT Record Labels, Music Publishers, Software, Artists The EFF have reported that a group of 25 entertainment companies have filed a petition for certiorari with the Supreme Court, asking the Court to rewrite copyright law principles that establish when high-tech companies can be held liable for the copyright infringements of their customers. The petition asks the Supreme Court to overturn the recent Ninth Circuit Court of Appeals decision in MGM v. Grokster, where the court ruled that Grokster and StreamCast Networks were not liable for the infringements committed by people using their software to share copyrighted works. EFF is counsel for StreamCast in the case. “The entertainment industry petition is a frontal attack on the Betamax doctrine and threatens innovators of every stripe,” said EFF Senior Staff Attorney Fred von Lohmann, who argued the MGM v. Grokster case before the Ninth Circuit. The Betamax doctrine takes its name from a landmark 1984 Supreme Court case involving the Sony Betamax VCR. Often described as the Magna Carta of the technology industry, the Betamax doctrine makes it clear that innovators need not fear ruinous litigation from the entertainment industry so long as their inventions are “merely capable of substantial noninfringing uses.” In…

When a Pre-trial ‘Gagging’ Order Will Be Granted by the Courts: Cream Holdings Ltd & Others v Banerjee & Another (2004)
Artists , Defamation , Privacy , Record Labels / November 2004
UK

DEFAMATION, CONFIDENTIAL INFORMATION & PRIVACY Artists, Record Labels, Press, Television In this House of Lords decision it was held that the proper test for a court to use when looking at a prior restraint order preventing the publication of information before a trial was that the order would not be granted unless the court was satisfied that the applicant’s prospects of success at trial were sufficiently favourable to justify the order being in made in the circumstances. In general terms the applicant had to satisfy the court that he would probably succeed at trial although there might be circumstances where a lower threshold might apply. Where a real probability of success could not be proved then the court should look a where the balance of convenience lay. This case revolved around the publication of certain information to do with the business of the Cream nightclub which was provided to the Liverpool Daily Post and the Liverpool Echo by Ms Banerjee who had been the financial controller of one of the Cream group companies but had been dismissed. The information allegedly showed illegal and improper activities by the Cream group. The defendants admitted that the information was confidential. These allegations were published on June 13…

International Webcasting Agreement Extended to The US
Copyright , Internet , Record Labels / November 2004
USA

COPYRIGHT Record Labels, Internet IFPI has welcomed the US performance rights organisation Soundexchange as the latest signatory of its international webcasting agreement, the reciprocal licensing arrangements that allow internet webcasters to stream music programmes to consumers on the basis of a single “one-stop” licence. Also joining the network of licensing bodies this month are the producer collecting societies in Iceland (SFH) and Ireland (PPI), bringing the number of countries in the programme to 16. The webcasting agreement, which was announced in November 2003 allows webcasters to clear record producers’ rights in a multitude of countries by entering into a licence in one participating country. Previously, these rights would have had to be cleared country-by-country. Webcasting – the streaming of music programmes on the internet – is just one of the new forms of online music distribution that the music industry is now promoting as it develops new business models and revenue streams for the online environment. Webcasting is already well-established in the USA, where there are currently 1250 licensed services. IFPI Deputy General Counsel Lauri Rechardt said: “The reciprocal Webcasting Agreement that IFPI and the record companies’ and artists’ collecting societies have put together is an important step forward in…

“ISP’s the Weakest Link When It Comes to Free Speech”
Copyright , Defamation , Internet / November 2004
UK

DEFAMATION & COPYRIGHT Internet The Observer newspaper’s Networker column often provides food for thought and writer John Naughton often has a fresh approach to new issues which have developed out of the internet. He writes in his 17th October 2004 column about the way in which the internet, which was once perceived to be the great and wonderful holy grail of real truth in a world of spin, of exposure in a era of hush-ups and of free speech in a world of censorship is now nothing of the sort. Indeed such is the nervousness of ISPs (Internet Service Providers) to avoid any liability for defamation or copyright infringement because of those who use their systems; When activist group ‘Bits of Freedom’ placed a public domain work by Dutch author Multatuli on ten Dutch websites, all but three removed the work when contacted by a fake society claiming to represent the copyright owner of the work. In fact Multatuli died over 100 years ago and the article posted on the ISPs stated the work was in the public domain. Only one ISP responded to the fake society (set up by the actvist group) pointing out that the work was well…

IFPI Say That Markets Are Showing Signs of Recovery
Copyright , Record Labels / November 2004
EU
USA

COPYRIGHT Record Labels The International Federation of Phonographic Industries (IFPI) say that global sales of recorded music – audio and music video – grew by 1.7% in units and fell 1.3% in value in the first half of 2004, compared to the same period in 2003. Audio sales fell by 2.7% in value, while the music video sector grew by 20.2% driven by DVD music video, which increased by 26.6%. Interim sales of all audio and music video formats totalled $US13.9 billion, compared to $US14.1 billion in 2003. The figures reflect a slowing of the rate of decline in music sales of the past four years. This is the best first-half year result achieved since 2000. Sales in regional and individual territories varied widely, with the effects of unauthorised file-sharing on the internet and commercial piracy, among other factors, still affecting many of the world’s markets. The US music market is leading the recovery, while markets such as Canada, Germany and Japan are showing a substantial reduction in their rate of decline. But other markets including Spain, Italy and the Netherlands are still weak, and more recent reversals have hit sales in France and Australia. Two bright spots are DVD…

Club Doorman Charged With Murder
Health & Safety , Live Events / November 2004
UK

HEALTH & SAFETY Live Event Industry A doorman at London’s Stringfellows nightclub has been charged with murder after an incident at the West End venue on Friday 8th October. George McDonald from Warwickshire died of a head injury after the incident. Doorman Marcus Marriott, aged 32 and from London, will appear before Magistrates at Bow Street today (11th October). New licensing procedures for door supervisors in the UK are currently being rolled out by the new Security Industry Authority and will be implemented in London by April 2005.

The Live Music Forum says “Save UK Live Music”
Health & Safety , Licensing , Live Events / November 2004
UK

LICENSING, HEALTH & SAFETY Live Music Industry, Venues ARTICLE: by Tom Frederiske The Live Music Forum, created by the Licensing Act 2003 and chaired by Feargal Sharkey, has issued a call to arms to the music industry and fans alike: act now to help exploit a rare opportunity to expand live music in the UK. On 7 February 2005, an unprecedented six-month period begins, in which licences for putting on live music will, at least theoretically, be easier to obtain provided action is taken now to ensure that proper guidelines are put in place locally. According to the Culture Minister, this amounts to the “biggest social change and reform of our leisure industry … in 40 years”. We are now half way through a pre-transitional period (ending in February) during which licensing authorities must prepare, consult on and publish local licensing policy statements. With these statements, local authorities effectively create their own guidelines for granting licences (in conjunction with the “Guidance Issued Under Section 182 of the Act” which aims to provide best practice and greater consistency of approach and which seeks to promote a “thriving and safe night-time economy” and “enhance people’s lives by providing important opportunities for the…

MPAA Brings New Actions Against Chip Manufacturers
Copyright , Internet / October 2004
USA

COPYRIGHT Internet, Technology The Motion Picture Association of America has said that its members have sued two microchip makers, alleging they sold their products to makers of equipment that can be used to illegally copy DVDs. The suits are the latest legal action by the MPAA which claims its members lose billions of dollars annually to copyright piracy. The MPAA said the suits against Sigma Designs and MediaTek followed testing that it said proved the two were selling microchips to companies whose DVD players lack what the MPAA called “appropriate security features”. The suits were filed in California Superior Court in Los Angeles. Sigma and MediaTek make chips to decode the Content Scramble System, or CSS, which is the copy-protection system used for DVDs. Their licences require they sell only to other CSS-licensed companies. The CSS licence pact has aided the success of DVDs because it has provided protection against illegal copying to copyright owners of movies, television shows and other content sold on DVD. In July, a California court issued a preliminary injunction barring ESS Technology from selling its own CSS-decoding chips to unlicensed makers of DVD players. The MPAA, recognising the damage the advent of digital file-sharing did…

Club Doorman Cleared of Manslaughter
Health & Safety , Live Events / October 2004
UK

HEALTH & SAFETY Live Event Industry A club doorman has been cleared of killing a sports teacher at the Central Criminal Court in London. The doorman, 29 year-old former reserve soldier Robert Demitrou, was charged with killing Philip Mesner who hit his head after being knocked down by Demitrou outside the Roadhouse venue in London’s Covent Garden. But Old Baily Judge Peter Fingret held that the defendant had no case to answer after determining that the blow was a shove (a push) rather than a punch. Mr Mesner, 31, had been out celebrating with teaching colleagues in July 2003 when he was asked to leave the venue but continued to remonstrate outside. The defendant had denied manslaughter which has two forms in English law. Voluntary manslaughter is where the defendant has caused the death of the victim and has the necessary intent for murder BUT can establish a defence in law; these defences include provocation and diminished responsibility. Involuntary manslaughter involves the defendant causing the death of the victim but the defendant does not have the necessary intent for murder; the death must result from either an unlawful criminal act (constructive manslaughter), from the recklessness of the defendant or from…

BUGS Back Online in Korea After Agreement With Labels
Copyright , Internet , Record Labels / October 2004
South Korea

COPYRIGHT Record Labels, Internet South Korea’s largest music streaming site www.bugs.co.kr will have up to 20,000 songs reinstated on its service. Bugs Music said that it has reached an agreement with the Korean Association of Phonogram Producers (KAPP), the lobby group representing about half of the music industry, on long-standing copyright rows. This means Korean music enthusiasts will be able to enjoy 20,000 songs, of which the KAPP retains copyrights, at Bugs’ Web site. Currently, Bugs is prevented from providing some 40,000 songs to its users. The KAPP holds copyrights for around 50 percent of the titles, with non-member recording labels owning the remaining half. The KAPP and other recording labels brought Bugs to court last year citing the firm’s unauthorised use of copyrighted songs with the court proposing a settlement of 2.22 billion won. The music industry initially opposed the mediation, saying Bugs earned much more by using their songs but the KAPP later changed its stance and accepted the proposal. However, non-KAPP member firms remained steadfast in rebuffing the offer, claiming the compensation amount should surpass 100 billion won. According to local Internet market research firm Metrix Corp. Bugs was the fifth most visited site in Korea with…

EFF Question Whether ‘This Land’ is in the Public Domain but Case Ends With Settlement
Copyright , Music Publishing / October 2004
USA

COPYRIGHT Music Publishing Ludlow Music Inc v JibJab:  In The September Law Updates we reported on the case being brought by Ludlow Music against JibJab over the unauthorised use of the song ‘This Land’ in a piece of flash animation. Jibjab were raising the defence of ‘fair dealing’. The Electronic Frontiers Foundation backed Jibjab and provided research that showed that the piece had fallen into the Public Domain and a ‘re-registration’ of the title in 1984 was ineffective as the copyright expired in 1973, 28 years after first publication in 1945. Fred von Lohmann, EFF Senior Intellectual Property Attorney said: JibJab’s fantastic animation is a clear fair use of Woody Guthrie’s “This Land Is Your Land,” for the reasons described in detail in EFF’s initial letter to Ludlow’s attorney. But also important was our other discovery: the Guthrie classic has been in the public domain since 1973. Fact 1: Guthrie wrote the song in 1940. At that time, the term of copyright was 28 years, renewable once for an additional 28 years. Under the relevant law, the copyright term for a song begins when the song is published as sheet music. (Just performing it is not enough to trigger the clock.)….

PPL can sue UK Government for failing to implement EC Directive
Copyright , Record Labels / October 2004
UK

COPYRIGHT Record Labels, Collection Societies Phonographic Performance Limited vDepartment of Trade & Another In a trial relating to preliminary issues in an action sought by the PPL against the DOT and the Attorney General the Vice Chancellor, Sir Andrew Morritt, held that PPL did have a right to bring an action as the UK was in continuing breach by failing to implement article 8.2 of the EC Rental Directive 92/100/EC to provide for ‘ a single equitable remuneration is paid by the user if a phonogram is published form commercial purposes or a reproduction of such a phonogram is used for broadcasting by wireless means of for … communication to the public. This should have been implemented by July 1 1994. However the UK Limitation Act 1980 (s2) provides that actions must be brought within six years from the date at which the cause of that action accrued. The Vice Chancellor held that as there were repeated failures to implement, PPL were not time-barred by reason of delay in brining the action ten years after the first failure of the UK Government. The UK Government needed to amend sections 67 and 72 of the Copyright Designs & Patents Act 1988 which provide for royalty free use of…

Consumers Target EMI France Over Unplayable CDs
Copyright , Record Labels / October 2004
France

COPYRIGHT Record Labels French authorities have launched an investigation of EMI France and music retailer Fnac over anti-copying technology included on CDs that allegedly renders them unplayable on some systems. Labels use the technology to protect their copyrights but a magistrate judge on 31 July ordered the investigation following a review of consumer complaints by a local division of the Bureau of Competition’s antifraud unit (DDCCRF).The move is among the most threatening actions yet taken in Europe against record labels and retailers over anti-copying technology. The DDCCRF carried out its own tests, and a judge subsequently ordered a judicial examination of EMI Music France and Fnac on charges of fraud. The charges carry possible prison terms of up to 2 years for company executives, and a fine of about $45,000 (£25,000). See : http://news.zdnet.co.uk/business/0,39020645,39164760,00.htm

Music Sampling: Westbound Records and Bridgeport Music v No Limit Films (2004)
USA

COPYRIGHT Record Labels, Music Publishers A US federal appeals court has ruled that recording artists should licence every musical sample included in their work even minor, unrecognisable snippets of music. The lower court had ruled that artists must pay when they sample another artists’ work where the use is recognisable but that it was legal to use musical ‘snippets’ as long as it wasn’t identifiable; The decision by a three-judge panel of the 6th Circuit Court of Appeals in Cincinnati over-ruled that distinction. The court posed the question “If you cannot pirate the whole sound recording, can you ‘lift’ or ‘sample’ something less than the whole?” The Court’s answer to this was in the negative” and the court added “Get a license or do not sample – we do not see this as stifling creativity in any significant way.” The case centred on the NWA song 100 Miles and Runnin, which samples a three-note guitar riff from Get Off Your Ass and Jam by ’70s funk-master George Clinton and Funkadelic. In the two-second sample, the guitar pitch has been lowered, and the copied piece was “looped” and extended to 16 beats. The sample appears five times in the new song. NWA’s song was…

Australian Pirate to be Extradited to US
Copyright , Record Labels / October 2004
Australia
USA

COPYRIGHT Record Labels A ground-breaking ruling against an Australian man accused of pirating, games and music worth over $50 million means that Hew Raymond Griffiths will be tried in a U.S. court after the U.S. won the battle to extradite him. At first instance an Australian magistrate denied the extradition request but after an appeal the U.S. won the right to try Griffiths. Griffiths is accused of being the ring leader of an Internet release group called DrinkOrDie. Eleven members of DrinkOrDie have already been convicted in the United States but Griffith’s infringements all took place on his home computer in Australia. If the extradition and trial go ahead; he is facing up to 10 years in an American prison and a possible fine of $500,000. See : http://www.afterdawn.com/news/archive/5564.cfm

New Door Supervisor Licences Come Into Effect
Health & Safety , Live Events / October 2004
UK

ARTICLE : HEALTH & SAFETY Live Concert Industry The PRIVATE SECURITY INDUSTRY ACT 2001. THE PRIVATE SECURITY INDUSTRY (LICENCES) REGULATIONS 2004. by Ben Challis Variation in the quality of regulation and licensing of the private security industry in the United Kingdom and a small but noticeable criminal element within the industry led to the passing of the Private Security Industry Act 2001 (the Act), the Private Security Industry (Licences) Regulations 2004 and the creation of the SIA, the Security Industry Authority. The SIA has the remit to regulate and licence the private security industry in England and Wales and aims to ensure that there are professional, trained and qualified door staff working at all licensed pubs and clubs. An estimated 85,000 door supervisors and staff now have to or will have to have a SIA licence to work in licensed premises (as defined under the Licensing Act 1964). The Act defines a door supervisor as those whose work is limited to licensed premises and includes guarding against unauthorised access or occupation or against outbreaks of disorder or screening the suitability of people entering premises when they are open to the public. The door supervisor licences are being introduced on a regional basis with over half of…

English Court of Appeal Rules that Dishonesty not Required to Establish Bad Faith in Trade Mark Applications
Artists , Record Labels , Trade Mark / October 2004
UK

TRADE MARK Record Labels, Merchandise, Artist Harrison v Teton Valley Trading Co [2004] EWCA Civ 1028 The Court of Appeal has upheld the decision of the Registrar of Trade Marks to reject an application for the trade markChina White as the application had been made in bad faith. The Applicant had applied to register the trade mark for a cocktail drink. The Opponents, the owners of the well known London night club named China White, argued that the registrations should be refused under section 3(6) of the Trade Marks Act 1994 which states that “a trade mark shall not be registered if or to the extent that the application is made in bad faith”. The drink was developed by a former employee of the night club who had been asked to develop the cocktail by the Opponent and had signed a confidentiality agreement to protect the recipe. Despite the agreement, the former employee later approached the Applicant and told him that he had developed a cocktail called China White and a derivative of it was to be served at the night club. The employee, Mr Rymer, told the Applicant that he was not bound by a formal contract with the night club and…

US Band Disputes Ownership of New Zealand ‘Idol’ Song
Copyright , Music Publishing / October 2004
New Zealand
USA

COPYRIGHT Music Publishing New Zealand Idol runner-up Michael Murphy looks like having a major hit on his hands with the track So Damn Beautifulwith extensive radio plays and sales. The song is credited to Chirs Rodriguez. However, he may face a law suit as well. In Texas, Vallejo, the band who co-wrote the track with song-writer Chris Rodriguez are meeting lawyers to discuss legal action over royalty payments. In 2002, the band wrote the track with Rodriguez, hoping to create a hit that would save their contract with music label Epic. Unfortunately, their efforts didn’t inspire the label and Vallejo eventually put the track out on a self-released album, Stereo. Michael Murphy and his label BMG claim they was unaware of the history of the song believing it was penned by Rodriguez alone and unreleased. But Vallejo will now seek a co-writing credit and song writing royalty payments for airplay and sales of the song. See : http://www.nzherald.co.nz/entertainment/entertainmentstorydisplay.cfm?storyID=3590958&thesection=entertainment&thesubsection=music&thesecondsubsection=general

RIAA Faces Action For Alleged Infringement of Patents
Internet , Patents / October 2004
USA

PATENT LAW Record Labels, Internet The Recording Industry of America, the trade body which represent the US recording industry has been accused of patent infringement by Altnet Inc, a Californian firm. Also in the firing line are several RIAA partners that make anti-piracy software including Overpeer Inc., Loudeye Corp. and Media Sentry Inc. Altnet filed the lawsuit in a Los Angeles district court last week. It alleges that RIAA and its partners infringed Altnet’s patented file-matching technology that identifies file requests sent over a P2P network. The suit claims that RIAA encouraged Loudeye and others to propagate popular P2P sites like Kazaa with bogus or damaged files that were disguised as user file requests. It also claims the methods used to match their files with users infringe its patented technology. Woodland Hills-based Altnet is seeking an injunction to stop RIAA and its partners from further use of its patented technology. It is also seeking unspecified monetary damages, but did not specify a dollar amount at this stage of proceedings. See : http://www.cbronline.com/article_news.asp?guid=DDE0AFD5-4734-4139-B4EE-F824CB896118

Betamax Under Siege – Again
Copyright , Internet / October 2004
USA

ARTICLE : COPYRIGHT Internet, Technology By Fred von Lohmann EFF Senior Intellectual Property Attorney The humble Betamax machine is the starting point in this article by Fred Von Lohmann as he comments on the US Senate’s debate on bringing into place new laws to make the ‘inducement’ of copyright infringement an act of copyright infringement itself – in effect outlawing software and hardware which has both infringing and non-infringing uses. The Senate Judiciary Committee, responding to the hail of brickbats that greeted Senator Hatch’s (R-UT) “Induce Act,” asked the US Copyright Office to propose alternative wording that would be more popular with the technology community. Here’s the heart of what it came up with: “Whoever manufactures, offers to the public, provides, or otherwise traffics in any product or service, such as a computer program, technology, device or component, that is a cause of individuals engaging in infringing public dissemination of copyrighted works shall be liable as an infringer where such activity: (A) relies on infringing public dissemination for its commercial viability; (B) derives a predominant portion of its revenues from infringing public dissemination; or (C) principally relies on infringing public dissemination to attract individuals to the product or service.” In other words,…

IFPI RELEASE “RECORDING INDUSTRY IN NUMBERS 2004”
Copyright , Record Labels / September 2004
EU
Japan
USA

COPYRIGHT Record Labels The IFPI (International Federation of the Phonographic Industry) have published the 2004 edition of the “Recording Industry In Numbers” which contains a mass of detail on the current state of the global music market including a list of the top 50 best-selling albums, globally, in 2003. The top 10 has Norah Jones’s ‘Come ‘Away With Me’ as the year’s best-selling album, followed by (in order of sales): 50 Cent ‘Get Rich or Die Tryin”, Linkin Park ‘Meteora’, Dido ‘Life for Rent’, Beyonce Knowles ‘Dangerously in Love’, Coldplay ‘A Rush of Blood to the Head’, Evanescence ‘Fallen’, Britney Spears ‘In the Zone’, Avril Lavigne ‘Let Go’ and Celine Dion ‘One Heart’. The major companies’ top ten albums and top ten videos are also listed as are market shares of the major and independent companies by country. For the first time IFPI has produced market shares based on wholly or majority owned content on a country by country basis. The global market shares for 2003 were BMG at 11.9%, EMI at 13.4%, Sony at 13.2% (now combined with BMG), Universal at 23.5% and Warner at 12.7%. Independents had a 25.3% market share. Analysis of trends in retailing show a…

Television Format Rights – Simon Fuller and Simon Cowell at Legal Loggerheads Over Claims That The ‘X Factor’ Infringes ‘Pop Idol’
Copyright / September 2004
UK

COPYRIGHT Television Simon Fuller, the ex Spice Girls manager and owner of 19 Management and 19 TV which produces the successful Pop Idol television programmes has issued legal proceedings in the United Kingdom against Pop Idol judge and A&R executive Simon Cowell, his companies Syco and Simco and Freemantle Media (part of Bertlesmann’s RTL) alleging that Simon Cowell and Freemantle’s new talent competition ‘X Factor’ infringes the copyright in the Pop Idol programmes and Pop Idol format. The programmes share two of the same judges, Simon Cowell himself along with Boyzone Manager Louis Walsh (along with new judge Sharon Osbourne), a shared presenter (Kate Thornton who presented for Pop idol on ITV2) and alleged similarities in direction: contestants audition in front of the three judges and receive immediate comment; the deliriously happy or distraught contestants are then commiserated with, or hugged, by the presenter. Fuller is also investigating similarities in the music used, logo and other format features. Simon Fuller also claims that a number of key Pop Idol production executives who have moved to X Factor are under non-compete clauses in their Pop Idol contracts. In an added twist, Simon Cowell is still under contract for a further two…

Classic Rock & Roll Sound Recording Copyrights Begin to Expire in Europe
Copyright , Record Labels / September 2004
EU
USA

COPYRIGHT Record Labels The re-entry of Elvis Presley’s That’s All Right into the charts in Britain fifty years after it was first released in the US is a success story for BMG but one which possibly will be very short lived. Unless there are changes in UK (and European copyright law with which UK law is now harmonised) the track will fall into the public domain on January 1, 2005 and anyone will be able to use the sound recording without paying royalties to the owners of the master. Landmark rock ‘n’ roll recordings such as Presley’s That’s All Right and Shake, Rattle and Roll by Bill Haley and his Comets also come out of copyright in Europe in January next year. Over the next few years, major hits by acts such as Little Richard, Johnny Cash, Bo Diddley and Fats Domino will also come into the public domain. The Beatles’ catalogue would begin to become freely available from 1 January 2013, with their first single Love Me Do. The band’s entire repertoire – the most prized catalogue in rock music – would follow over the next eight years. The song (the musical composition) will remain in copyright though. Copyright in sound recordings lasts for fifty (50)…

Lil Romeo Faces Lawsuit From Album ‘Ghostwriter’
Copyright , Music Publishing / September 2004
USA

COPYRIGHT Music Publishing Lil Romeo’s album Gametime is the subject of a lawsuit over claims that the author of some of the album’s material was never compensated or credited for his contributions. Sean Cunningham claims that he wrote six songs on the album, one that appeared in a motion picture titled “Max Keeble’s Big Move” that featured a cameo by Romeo. The lawsuit was filed in the Federal District Court in Houston, Texas. The lawsuit names Lil Romeo, Master P., Master P. Music LLC, One Up Entertainment, Universal Music Group and Buena Vista Home Entertainment as defendants. In addition to claims of not being properly credited, Cunningham also claims that Lil Romeo copied his style which could be an interesting development if this is argued in court. At present the whole area of ‘image rights’ are still being developed although they are more accepted in the US than in the UK. Cunningham’s lawsuit claims he was not paid to be a ghostwriter for the album and is seeking an undisclosed amount. The case will go to trial on 5 March 2005. See : http://www.allhiphop.com/hiphopnews/?ID=3343

The Recording Industry Association of America Settles Its Lawsuit Against Israeli File-Swapping Company iMesh
USA

COPYRIGHT Music Publishers, Record Labels, Internet The RIAA has settled its lawsuit against iMesh for damages of $4.1 million. The organisation sued iMesh last September, charging that the company was contributing to copyright infringement on a massive scale. As a part of the deal, iMesh has agreed to move to a business model that “abides by U.S. copyright laws,” the RIAA said. The RIAA has had some notable successes against file swapping services effectively closing down the then illegal Napster and Aimster (and ‘madster’). However the RIAA has not always had such success and In April 2003 Judge Stephen Wilson, a federal judge in Los Angeles, handed a stunning court victory to the file-swapping services Streamcast Networks and Grokster, dismissing much of the record industry and movie studios’ lawsuit against the two companies. In an almost complete reversal of previous victories for the record labels and movie studios, federal court Judge Stephen Wilson ruled that Streamcast -parent of the Morpheus software – and Grokster were not liable for copyright infringements that took place using their software. The ruling does not directly affect Kazaa, software distributed by Sharman Networks, which has also been targeted by the entertainment industry. “[the] Defendants distribute…

Russian Mobile Phone Downloads Violate Copyright Law
Russia

COPYRIGHT Record Labels, Music Publishers, Artists, Telecommunications The leader of the popular Russian rock group Leningrad, Sergei Shnurov, has won a case focusing on intellectual property rights violation in Russia by the use of melodies in mobile phone ringtones. The Basmanny Court of Moscow court has ruled that S.B.A. Music Publishing, a subsidiary of the Gala Records company, must pay 100,000 roubles to Sergei Shnurov for violating his intellectual property rights by issuing a permission for mobile phone companies to use Shnurov’s music for mobile phones and karaoke, Gazeta reports. Without the musician’s consent, S.B.A. concluded contracts with companies co-operating with mobile phone operators and gave them the right to adapt compositions of the Leningrad leader for mobile phone melodies. No recording rights were involved as the mobile operators would produce their own ‘recording’ for phone ringtone use. One Russian mobile phone operator, Beeline, alone downloaded $90,000 worth of Shnurov’s songs in early 2000-February 2004. Shnurov estimated his losses at $40,000, but the Basmanny Court found this figure too high and ruled to pay him less. Russian recording companies will now have to be more careful about adapting people’s music. See : http://newsfromrussia.com/main/2004/07/23/55208.html

McCartney Objects to Use of Sample
USA

COPYRIGHT Record Labels, Music Publishers In the USA Paul McCartney has taken action on a sample used without his direct permission: A writ filed in a New York court claims that EMI and record company Universal illegally allowed the hit tune “Tomorrow”, from the musical Annie – to which McCartney owns the rights – to be sampled on the rap song What Da Hook Gon Be by Murphy Lee. The lawsuit was lodged by McCartney’s company MPL Communications and Charles Strouse, composer of Annie. Lee’s record sold 500,000 copies in America alone. For an article on the legalities of music sampling see :http://www.musicjournal.org/03thesongremainsthesame.html

Hallyday Wins Back Control of Master Tapes
Artists , Copyright , Record Labels / September 2004
France

COPYRIGHT Record Labels, Artists French singer Johnny Hallyday partially won a legal battle with his record company, Universal, when a Paris tribunal awarded him control of more than 1,000 master tapes recorded during his 40-year career. But the artist, who has sold more than 80 million records, will not know until next March whether his E50m () damages claim against Universal Music France is justified. This win will be viewed with some alarm in the music industry, which traditionally tries to retain control of artists’ original recordings at all costs. Hallyday argued that he had been “robbed” and “swindled” by Universal, which had ‘lent’ him E16.3m over the years since 1978 and used the debt to impose “unfair and unjust” conditions in successive recording contracts. The loans were repaid (or ‘recouped’) directly from Hallyday’s royalties and the court yesterday appointed an expert to examine every contract between the two parties and establish whether the singer had been charged too much interest or pressed into signing recording deals which were plainly disadvantageous to him. The star claims that the record company loans set him on an “infernal spiral”, forcing him to work simply to repay his debts and to cede to…

Publican Escapes Prison After Repeatedly Failing to Obtain a PRS Licence
Copyright , Live Events / September 2004
UK

COPYRIGHT Live Event Industry A licensee has escaped a possible prison sentence after repeatedly failing to take out a Performing Right Society (PRS) music usage licence. Tim Doyle, who runs Doyle’s Tavern, in Holloway, London, was taken to the High Court for failing to comply with a court order following persistent infringement of copyright in PRS members’ musical works since 1998. Doyle agreed to take a PRS licence for his premises and to pay a total of 71.24 in respect of PRS royalties for the period 6 July 1998 to 5 July 2005. The court ordered he also pay PRS’s legal costs totalling 056.50. The court warned Doyle of the consequences of not complying in the future with Court orders saying “If a breach of the court order happens again, prison is a live possibility. Orders of the court are to be obeyed; if not, certain consequences follow.” See : http://www.thepublican.com/cgi-bin/item.cgi?id=14212&d=32&h=24&f=23&dateformat=%25o%20%25B%20%25Y

Scottish Promoters Use a ‘Wedding’ to Try to Foil Licensing Laws
Health & Safety , Licensing , Live Events / September 2004
UK

LICENSING, HEALTH & SAFETY Live Event Industry A local authority has banned a music festival in the Scottish Lothians after organisers tried to bill it as a wedding to help escape the need for licensing. Twisted Events, the company behind Green’s Music Festival, had hoped to overcome problems licensing the event with West Lothian Council by rebranding it as a private wedding party. A couple had offered to take the plunge on stage to help push the event forward as licensing negotiations between organisers and council chiefs rumbled on. As a private party, entertainment and alcohol licensing was not required and twenty four local young rock acts were due to perform for 1000 revellers on farmland near Broxburn. The bands had taken part in a competition. But the local authority took the organisers to court, threatening to ban the event entirely. At Linlithgow Sheriff Court the parties reached an out-of-court settlement but an array of restrictions were slapped on the “wedding”. All bands enlisted to perform were cancelled while restraints were placed upon music played and numbers of guests permitted. In addition, council and police officials had to be informed fully about all plans. The couple who had planned to…

MCPS and BPI Finally Agree Rates for DVDs
UK

COPYRIGHT Record Labels, Music Publishers The Mechanical Copyright Protection Society (MCPS) and British Phonographic Industry (BPI) have finally agreed the terms of a 2 year licensing agreement for the copying of musical works to be released in DVD format. BPI members who use music on DVDs are required to take a licence from MCPS. MCPS represents composers, songwriters and publishers; it collects and distributes royalties on their behalf and administers copyright in their works. In 2003 MCPS informed BPI that it was going to introduce a DVD Licensing Scheme. Some of the proposed terms were rejected by BPI and the matter was referred to the Copyright Tribunal. The parties have now reached a settlement with reduced rates payable for the immediate future and then new rates applicable for 2005 onwards for both royalties and synchronisation licences. Under the agreement, the royalty rates are: – 6.25% of PPD for music DVDs that are predominantly audio-visual and contain no more than two audio-only music tracks – 7.25% of PPD for music DVDs that contain more than two audio-only music tracks and more than two audio-visual music tracks e.g. a DVD release packaged with a CD – 8.5% of PPD for music DVDs…

Australian DJs Guilty of Copyright Infringement
Australia

COPYRIGHT Record Labels, Music Publishers Five Australian DJs who used CD burning equipment to create CDs for their own use in clubs but also sold or gave copies of the CDs to the public have been found guilty of copyright infringement and ordered to pay damages of AU$18,000 to Universal Music and other applicants. A sixth respondent was joined in the case for selling the CDs online. The respondents were also ordered to pay additional damages pursuant to section 115 of the Australian Copyright Act when Justice Wilcox found that the respondents had knowledge that their act constituted an infringement and that they benefited from it: additional damages totalled AU$30,500. Justice Wilcox applied an approximate cost of AU$8.50 per CD in determining the loss of income for the copyright holders and the sum of damages to be paid by the respondents. Despite argument from the respondents’ lawyer that many of the CDs were given away, forgoing any financial benefit for the DJs in question, Justice Wilcox found that the infringements were “deliberately made for their ultimate financial gain” and that the respondents were aware that their act constituted an infringement of copyright. Justice Wilcox refused to offer any leniency to…