Warners Wins Chinese Infringement Action but Lament Low Damages
Copyright , Internet , Record Labels / June 2004
China

COPYRIGHT Record Labels, Internet Warner Music Group may appeal against a court penalty on a Chinese website that offered illegal song downloads because it says it is too lenient to deter piracy. Shanghai Rongshuxia Computer was ordered to pay 15,000 yuan to Warner Music Taiwan by the Shanghai Intermediate People’s Court on Monday, less than 10 per cent of the 250,000 yuan the company had sought. Rongshuxia is a partner of Bertelsmann, Germany’s biggest media company. Music companies have stepped up legal attacks on unauthorised downloading over the internet after piracy caused global recorded music sales to slump 7.6 per cent to US$32 billion last year. Warner Music and Bertelsmann’s BMG unit were among five companies that warned Chinese websites against piracy in March, the Beijing Times reported on April 15. Warner Music, sued Rongshuxia for offering 10 songs by Chinese female singer Na Ying for free download on its website from April 2002. Rongshuxia, mainly an online publisher of Chinese literature – it has more than two million texts on its site – withdrew the music files after Warner complained in March last year. Warner Music’s compensation claim was felt to be too high because it was based on…

Dutch Courts Clear Internet Search Engine of Copyright Infringement in Download Facilitation
Copyright , Internet , Record Labels / June 2004
Netherlands

COPYRIGHT Record Labels, Internet A court in the Dutch city of Haarlem has cleared Techno Design, the operator of music search-engine portal, Zoekmp3.nl, of copyright violation. The charge had been brought by BREIN, the Dutch entertainment industry’s anti-piracy association. The Dutch appellate court has already held that Kazaa was not guilty of infringement in a case brought by the Dutch Collection societies, BUMA and STEMRA. Zoekmp3.nl, which appears in the top twenty of the most popular Dutch websites, has access to some 30,000 music links. In its hey-day, Zoekmp3.nl had some 50,000 daily visitors and offered MP3 music files worldwide through an estimated 200,000 web pages. The court ruled that providing links to an MP3 file did not constitute disclosure or publication of contents according to Dutch copyright law. It went on to say that what Techno Design did is not unlawful, largely because providing services or assistance that could subsequently lead to infringement and unlawful trade by third parties is in itself not (yet) unlawful. The verdict means that the portal will not be shutdown and can continue to be used to search for music on the internet, regardless of whether its findings point to music that is legal…

Federal Court of Canada Dismisses the CRIA’s Motion For Disclosure in its File-Sharing Suit and Upholds the Legality of Music File Downloading in Canada
Canada

COPYRIGHT Record Labels, Internet, Music Publishers, Artists The Federal Court of Canada has dismissed the Canadian Recording Industry Association’s (CRIA) motion to compel several Internet Service Providers (ISPs) to disclose the names of customers who traded music on the Internet. In dismissing CRIA’s motion, the Court came to three key conclusions: (1) The CRIA did not make out a prima facie case of copyright infringement; (2) The CRIA did not establish that the ISPs are the only practical source for the identity of the P2P file swapper; and (3) CRIA did not establish that the public interest for disclosure outweighs the privacy interests of the ISP customers. With respect to copyright, Mr Justice Konrad von Finckenstein stated that copying a song for personal use does not amount to infringement. Individuals in Canada are free to copy music from CDs or tapes or download tunes from the Internet and save them on their own computers. This is provided for in Canadian Law where a levy system operates on some hardware, blank tapes and CDRs. The Court went further and held that copying files and saving them in shared directories on a peer-to-peer (P2P) network (such as Kazaa) is not copyright infringement. Referring to…

Lacoste Loses Trademark Action Against Crocodile International
Trade Mark / May 2004
China

TRADE MARK Merchandise Lacoste has lost its trademark suit against rival Crocodile International over the use of the crocodile logo in China. The emblem became symbolic of the Lacoste brand but Singapore based Crocodile International claimed it was first to dream up the design, registering the emblem in 1951. Lacoste, a French based company was ordered to stop using the logo and to pay one dollar in compensation. The Shanghai court started the hearings last December. The dispute had been ongoing for over four decades. The logos only differ materially in the direction they face – one to the left and one to the right. The crocodile design is slightly different. Lacoste says tennis legend Rene Lacoste registered the logo in France in 1933; then in China in 1980. But Singapore businessman Tan Hiantsin says his logo was designed in 1947 with the English word “crocodile” and registered in Singapore in 1951. He disputed Lacoste’s claim to have registered Chinese rights before the late 1990s. The case centred on Lacoste’s moves to register the trademark under its brands of cosmetics products in 1995. A key point in the argument was Mr Tan’s nationality. He’s a Chinese-born Malaysian and he claimed…

Oxford University Denied Exclusive Use of ‘Oxford Blue’
Trade Mark / May 2004
UK

TRADE MARK Merchandise Oxford University has been denied exclusive use of the ‘Oxford Blue‘ mark after the Registrar of Trademarks ruled that HS Tank & Sons from Birmingham were entitled to produce a line of clothing with the same name. The company had been producing jackets and other garments using the mark since 1985. Oxford University have never trade marked the name. The Registrar held that whilst the University owned the reputation in the name Oxford Blue they enjoyed no goodwill which could stop HS Tank from exploiting the name. The Times, 7 April 2004 at page 5

High Court Dismisses Format Rights Claim: Miles v ITV Network (2004)
Copyright / May 2004
UK

COPYRIGHT Television The case law on formats and television programmes still only amounts to a handful of decisions. The recently reported case of Miles v ITV Network Limited gives a further indication as to how such issues will be dealt with. It concerned a dispute over the rights to an ITV programme, Dream Street. The claimant, James Miles, appealed the decision of a Master who dismissed the claim on the ground that it had no hope of succeeding. That decision has been affirmed by Mr Justice Laddie. Miles alleged that in 1998 he supplied the ITV Network with promotional material for his cartoon, Trusty and Friends. The main character was a traffic light, and the ancillary characters were “traffic furniture” such as bollards and cones. The later ITV programme (Dream Street) had a recovery truck as its main character and, as Miles conceded, the look and feel of the two programmes were very different. Miles argued that there was sufficient inference of copying for the matter to go to trial because of similarities between the characters in the two programmes, and the fact that they both featured traffic equipment. The creator of Dream Street, however, produced evidence that designs for his programme had…

IFPI Announces A Wave of International Legal Actions Against File Swappers
Canada
Denmark
Germany
Italy

COPYRIGHT Record Labels, Artists, Music Publishers IFPI and the recording industry associations in Denmark, Germany, Italy and Canada have announced the first wave of international lawsuits charging individuals with illegally file-sharing copyrighted music. A total of 247 alleged illegal file-sharers face legal action in a move that steps up the record industry’s international campaign against online copyright theft. Further waves of lawsuits against major offenders will be launched in different countries in the coming months. The legal actions charge the individuals with illegally making available hundreds of music tracks for copying, transmission and distribution via file-sharing services. However the move comes against a backdrop of criticisms in the United States where the Recording Industry Association of America has already used similar tactics. Critics point out that the European legal download market is still hampered by a lack of available rights and that the use of lawsuits is heavy handed. However the IFPI argue that More than 600,000 consumers in Europe alone are now accessing a large catalogue of 300,000 tracks that are available from 50 legal online sites. Jay Berman, Chairman and CEO of IFPI. said: “Today’s announcement should come as no surprise. Over the past year the record industry…

PPL Successful in Action Against Show Organiser in India
India

COPYRIGHT Record Labels, Television, Radio, Live Event Industry The organisers of the Mega Model Man Hunt, Gladrags Media Limited, have been ordered by the the Bombay High to pay Rs 46,000 to Phonographic Performance Ltd (PPL) as copyright fees. PPL approached the court when Gladrags refused to pay copyright fees for its event in April 2004 at the Mahalakshmi Race Course. PPL is the Indian society that collects copyright fees on behalf of the music companies including BMG Cresendo, Magnasound, Virgin Records, Venus, Saregama and others. The 1957 Copyright Act in India specifies that any public performance of Indian or international music has to obtain a public performance licence, or will invite criminal action. In India, PPL is the sole authority to administer the broadcasting, telecasting and public performance rights on behalf of the music industry. Advocate Rohini Vakil for PPL, said, “Despite sending out notices requesting them to pay up, they ignored it. Last year, too, they had gone ahead and held performances with taped music without paying copyright fees” Vakil explained that PPL has varying tariffs depending on category, and Gladrags had been asked to pay up under the hotel category for playing pre-recorded music at performances. See : http://ww1.mid-day.com/news/city/2004/april/80000.htm For…

The New Zealand Court of Appeal Formulates a Law of Privacy
Artists , Privacy / May 2004
New Zealand

PRIVACY Artists Michael Hosking v Pacific Magazines By a majority of three to two, the New Zealand Court of Appeal has approved the development of a law of privacy in a jurisdiction which is closer than any other to that of the UK. Since the judgement was only handed down on 25 March 2004, it is too early to say whether the approach adopted by the Court of Appeal in New Zealand will be followed in this country. However, if an appeal is made it will be to the Privy Council, who are members of the House of Lords. On the facts, the New Zealand Court of Appeal had no difficulty in finding that there was no breach of privacy. The claimant was a New Zealand television personality whose two baby children were photographed in the street. All five judges rejected the claimant’s appeal, but three went on to indicate the direction which they considered that the New Zealand law should take. Two of the judges observed that a “privacy” jurisdiction had been developed via the well established action of breach of confidence. They observed that there are now two distinct versions of this tort. One is the traditional situation…

Data Protection Act Guidelines – a Practical Summary By Sarah G Staines, solicitor
UK

DATA PROTECTION AND PRIVACY Retail, Merchandising, Internet, Artists ARTICLE:  The Data Protection Act 1998 (the “Act”) is unusual in English law in that it gives considerable discretion to the person (or company) controlling and handling information which identifies living individuals. There are eight Data Protection Principles in the Act which oblige “best practice” when businesses are collecting, using or keeping computer (or other regulated paper system) stored information, which identifies living individuals. The Act uses obtuse definitions such as “data subject”, “personal data” and “data controller”. The supervisory authority enforcing the Data Protection Act – the Information Commissioner’s Office (ICO) encourages business owners to “embrace the spirit of the legislation” and recommends a practical and pragmatic approach to the Act; but only provides guidance which it admits is intended for lawyers and not for Directors or Managers of SME’s. One thing is clear – paying lip service to the Act is not an option; even if your business is “notified” to the Information Commissioner as a controller of personal information, unless you are complying with the Act your actions could lead to civil and/or criminal prosecution. What is Personal Data? The starting point is to decide whether the information is protected by the Act. In…

The Effect of the Offer of Amends Procedure on Damages Awards
Artists , Defamation / May 2004
UK

DEFAMATION Artists Jimmy Nail v Harper Collins and News Group Newspapers (2004) The Offer of Amends procedure was introduced into the law of libel by section 3 of the 1996 Defamation Act. It was intended to provide a means to the media and other defendants of avoiding the uncertainty of jury awards. After a slow start, the regime is increasingly being used, although the media is watching it closely to see whether it will have the desired effect of providing a quick and inexpensive exit route from what might otherwise be expensive litigation. In 1998 Harper Collins published a biography of Jimmy Nail entitled Nailed which contained a series of defamatory allegations against him. For various reasons Jimmy Nail decided neither to issue proceedings nor even complain about the book at the time of publication. In May 2002 the News of the World published an article entitled “Auf Weidersen Jimmy’s Secret Bondage Orgies”. The content of the article can be guessed from the title. The News of the World article was to a large extent based on the contents of the book. Jimmy Nail then issued proceedings concerning both publications. In both actions an Offer of Amends was made and accepted….

UK Licensing Act 2003
Licensing , Live Events / May 2004
UK

LICENSING Live Event Industry The UK Licensing Act 2003 received Royal Assent on 10th July 2003 but is not expected to come into full effect until 2005. The main points are that pubs, bars, restaurants, hotels and concert venues will be covered by a new ‘Premises Licence’ which will cover the sale of alcohol and any or all of the seven ‘regulated entertainments’ including performance of live music, performance of dance and the playing of recorded music. A one-off fee of between £100-£500 will be paid the applicable local authority and their will be an annual inspection fee to the local authority of £50-£100. Licence applications must be submitted to the local authority 28 days in advance and must include a plan of the premises, details of licensable activities and times of licensable activities. The following is taken from the Department of Culture Media & Sport’s website under the heading Regulated Entertainment. Under the new licensing regime, the concept of a separate public entertainment licence will disappear. Under the new regime only a single authorisation will be needed to supply alcohol, provide regulated entertainment, such as a performance of live music, or provide late night refreshment or any combination of these activities. Six…

Korean Government Sets Up Novel Solution to Phone Download Licence
Copyright , Record Labels / May 2004
South Korea

COPYRIGHT Record Labels, Telecommunications The dispute between MP3 phone handset makers and the music industry in Korea has been settled when LG Electronics agreed to a government-mediated proposal. The Korean Ministry of Information and Communication reported that LG accepted the arrangement of allowing its customers to download and listen to free music files on the MP3 phones for three days. As a result, MP3 phone holders will be able to download any music files from their PCs and play them without charge. The files are programmed to stop working after the agreed time span. In two months, mobile carriers will be required to provide music services for their customers, although at a low-quality sound less than 70 Kbps (FM radio level) in a move to stop downloading but provide music content. Initially the local music industry voiced strong opposition to the new phone features, and refused to co-operate with MP3 handset owners, preventing them from legally listening to music files. In an effort to iron out the difference, the government stepped in and masterminded the three-day free play suggestion for the two-month grace period, which was accepted by Samsung earlier this week. LG argued that the time span should be…

Article: NEW DOOR SUPERVISOR LICENCES COME INTO EFFECT
Articles / April 2004

Click here to download this article as a PDF file (.pdf) ARTICLE: HEALTH & SAFETY Live concert industry New door supervisor licences come into effect: The PRIVATE SECURITY INDUSTRY ACT 2001. The Private Security Industry (Regulations) 2004. 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) and the creation of the Security Industry Authority (the SIA) which has the remit to regulate and licence the private security industry in England and Wales. The SIA 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 Act1964). 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…

Maverick Records Launches Legal Action Against Warner Music
Artists , Contract , Record Labels / April 2004
USA

CONTRACT LAW Record Labels, Artists Madonna’s Maverick Records label has filed a legal action against Warner Music Group and Time Warner Inc. for breach of contract accusing the record company and its former parent of mismanagement and improper accounting that cost the singer and her partners millions of dollars. The lawsuit, filed in Los Angeles Superior Court, is the latest chapter in a long-running dispute between Madonna and Warner over Maverick, a joint venture the singer and record company launched in 1992. In the suit, Beverly Hills, California based Maverick accuses Warner Music and the other defendants of “engaging in acts of self-dealing and profit-taking, falsely accounting for receipts and expenses of the partnership … and secretly attempting to seize partnership opportunities for their own benefit.” Maverick claims Warner violated the venture agreement by failing to pay for “guaranteed” services like radio promotion, marketing and sales meant to support Maverick artists. The suit also contends Warner obscured label profits by using “artificial and improper accounting methodology to create the false impression of losses.” Madonna and her partners own a combined 60 percent stake in Maverick, whose artist roster includes Alanis Morissette and Michelle Branch. Warner owns the remaining 40 percent…

First Finnish Claim Against Private File-Swapper
Canada
Finland

COPYRIGHT Internet, Record Labels, Music Publishing A Finnish court has ordered a 24-year old man to pay claimants, including Canadian rock star Alanis Morissette, 7,000.00 in damages for spreading unauthorised recordings of her concerts on the Internet. The judge found that between 1999 to 2003, the defendant swapped over 1,900 copies of unauthorised concert recordings (‘bootlegs’) for private use. Legal action in Europe has so far been limited to prosecuting people who have tried to make profit rather than those who swap for personal use and has been brought by record labels for use of sound recordings sold as CDs (rather than bootlegs). The Tampere District Court, some 170 kilometres north of Helsinki, ordered the defendant to pay the damages for copyright infringement to various artists and organisations. The Defendant was also fined the limited amount of 408.00 as a criminal penalty reflecting the fact that he had not engaged in the online bootleg swapping for profit and had not made the illegal recordings himself. On his website, the defendant posted lists of bootleg recordings he wanted and what he had to offer in return, as well as his detailed contact information. See : http://entertainment.iafrica.com/news/302448.htm

Canada Follows RIAA Model Despite Legislative Hurdles
Canada
USA

COPYRIGHT Internet, Record Labels, Music Publishing The Canadian Recording Industry Association (CRIA) has filed court requests that seek identifying information for subscribers at five Canadian Internet service providers. The information gained from those requests would be used to file copyright infringement lawsuits against people who had made large amounts of music available for upload, the group said. The Canadian record label group had previously warned that it was likely to follow its US counterpart’s legal example, but decisions by copyright authorities had clouded the file-swapping picture in Canada. In December, the Copyright Board of Canada, the country’s top copyright regulators issued a ruling in which they said downloading from file-swapping services such as Kazaa under Canadian law, since the songs were intended for non-commercial personal use (see Law Updates February 2004). However uploading, or sharing with others would not merit the same legal shield. At the time, CRIA lawyers said they disagreed with the regulators’ decision, which came in the context of a ruling on what level of fees to place on blank recording media. Like the Recording Industry Association of America, the CRIA will only be seeking judgements against the most “egregious” examples of piracy. The US lawsuits have…

Shanghai Karaoke Bars Face The Music
Hong Kong

COPYRIGHT Record Labels, Live Event Industry The Shanghai Daily News reports that local karaoke bars are paying close attention to a court case that could force many clubs to close their doors in the near future. The Shanghai No. 1 Intermediate People’s Court has begun hearing Sony Music Entertainment ( Hong Kong) Ltd’s lawsuit against Cashbox Karaoke Bar for screening musical video discs without permission. Sony Music is seeking 350,000 yuan (US$42,169) in compensation and a public apology. It is also asking Cashbox to be banned from screening the discs in public. Sony Music said it discovered on March 7 2003 that the outlet of Cashbox Karaoke Bar in Fuxing Park was screening videos of Hong Kong pop star Leon Lai. Few, if any, local karaoke bars pay royalties to foreign music companies to screen their video disks, meaning a ruling against Cashbox could devastate the local industry. Sony wants local bars to pay the same royalties karaoke clubs pay in Hong Kong, which is between HK$50,000 and HK$500,000 per song for unlimited use. Cashbox argued that it pays licensing fees every year to the Music Copyright of China, an association that acts on behalf of composers and writers. Last…

Australian Federal Court Allows the Use of Anton Piller Orders in Record Company Raids
Australia

COPYRIGHT Record Labels, Music Publishers, Internet The record industry in Australia has retained the right to use Anton Piller court orders to seize evidence in cases of alleged illegal file swapping and piracy. Sharman Networks, the owner and distributor of the Kazaa file-sharing application, is considering appealing the Federal Court’s decision (04/03/04) which upheld a ruling allowing the record industry to conduct raids on its premises last month. Justice Murray Wilcox upheld the validity of use of Anton Piller orders by which a court empowers a party, that has alleged wrongdoing, the opportunity to enter premises and search for evidence. In his ruling, Justice Wilcox acknowledged that Sharman has complied with legal proceedings in the past and that the company would conduct itself in the same manner in Australia. COMMENT: In accepting that Sharman had complied with court directions and orders in the past, Justice Wilcox went some way further than the classic test when allowing the Anton Piller order to be used. In Anton Piller KG v Manufacturing Processes (1975) Ormrod J held that the claimant must be able to show (a) a strong prima-facie case and, (b) very serious actual or potential damage and (c) that there must be…

Japanese Orchestras Refuse To Pay Increased Live Performance Fees
Copyright , Music Publishing / April 2004
Japan

COPYRIGHT Music Publishing The Association of Japanese Symphony Orchestras has refused to pay musical royalties to the Japanese Society for Rights of Authors, Composers and Publishers (JASRAC) after the copyright protection body raised fees for music performed during concerts. The intentional failure by a musical organisation to pay musical copyright fees set by JASRAC is rare and is likely to spark a debate on the use of musical copyrights. According to JASRAC, music royalties in Japan have been below international standards. The institution said it had received complaints from rock groups including U2 and the Rolling Stones, that the fees for performing their music in Japan were insufficient. JASRAC began discussing royalty issues with concerned organisations in 1999 in an attempt to bring its royalties in line with international standards. In October 2003, JASRAC implemented its new provisions, including one that stipulates a new royalty system. Under the new system, royalties are decided in accordance with admission charges and the seating capacity of the venue. The fee was previously fixed regardless of the size of the venue. The new system has contributed to lowering copyright fees for music performed at small venues. However, the system has increased financial burdens on…

European Parliament Passes Tough New IP Enforcement Directive
EU

COPYRIGHT Film, Television, Internet, Record Labels, Music Publishing The European Parliament has passed a controversial Directive on intellectual property rights enforcement that give rights-holders ‘incredibly powerful tools’ in the fight against intellectual property infringers. The Electronic Frontiers Foundation commented that whilst this might sound like a good idea at first, a closer look reveals that the directive doesn’t distinguish between unintentional, non-commercial infringers and for-profit, criminal counterfeiting organisations. If this directive is adopted, a person who unwittingly infringes copyright – even if it has no effect on the market – could potentially have her assets seized, bank accounts frozen and home invaded. The EFF had encouraged its European supporters to write to their Members of the European Parliament (MEPs) to urge them to limit these harsh enforcement measures to cases in which infringement is undertaken intentionally and for commercial purposes and MEPs finally softened and the vote on Intellectual Property Rights Enforcement Directive took place in the European Parliament on 9 March and the directive was passed by 330 votes to 151. The law was drawn up to target professional pirates, criminals and counterfeiters who make copies of goods such as football shirts or CDs. During the debates, the directive…

US Court Endorses Ban on DVD Copy Technology
Copyright / April 2004
USA

COPYRIGHT Technology Whilst the MGM Studios v Grokster appeal is still being heard, the Electronic Frontiers Foundation suggested that consumers had suffered a setback to their digital rights when, on the application of a coalition of Hollywood movie studios, the District Court for the Northern District of California issued an injunction prohibiting 321 Studios (321) from selling versions of its DVD duplication software. The Court found that 321’s “DVD Copy Plus” and “DVD X Copy” violated 1(a)(2) and 2(b)(1) of the Digital Millennium Copyright Act (DMCA), given that each of the above programs was primarily designed, produced, and marketed to the public to circumvent embedded DVD copy protection. Both programs came equipped with an unlicensed de-scrambling component to allow users to decrypt the CSS (Contents Scrambling System) encoding and make a copy of the decrypted DVD. In making its findings, the Court ruled that the DMCA does not infringe fair use or constitutional rights of users and does not otherwise exceed the scope of Congressional powers the court ordered 321 Studios, creator of DVD backup tools, to stop selling its DVD Copy Plus and DVD-X COPY products within seven days. 321 Studios plans to appeal the ruling. “In passing the…

Harrods v Dow Jones (2004)
Artists , Defamation , Internet / April 2004
UK

DEFAMATION Internet, Artists, Television Despite winning a High Court battle for the right to bring an action against Dow Jones to bring a lawsuit against Dow Jones in the United Kingdom, Harrods have lost their libel action against Dow Jones & Company Inc for Defamation. Dow Jones had compared Harrods to disgraced US energy giant Enron, but in the initial High Court action it was revealed that the publisher had only ten subscribers in the UK. Harrods now face estimated costs of ,000 after a jury found that the damage to the store was virtually non-existent and the article did not injure Harrod’s reputation. See Law Updates July 2003

Campbell v Mirror Group Newspapers Reaches the House of Lords
Artists , Privacy / April 2004
UK

PRIVACY Artists, Broadcasting Model Naomi Campbell brought her action against MGM after the Daily Mirror revealed that she had been attending Narcotics Anonymous. Her claim included actions under the right to privacy afforded by Article 8 of the Human Rights Act 1998, the law of confidence and under the Data Protection Act 1998. The data in question, that of her addiction, was deemed to be sensitive as it related to her physical and mental wellbeing and was therefore within the DPA. Campbell claimed compensation under Section 13 for unauthorised publication including resulting distress (13[2]). Campbell won limited damages at first instance in the High Court. However, as it became clear that Campbell had lied about her addiction on previous occasions the Court of Appeal ruled that MGM had a valid defence under S32 where publication is justified within the public interest with regards to the Data Protection Act. The case has now reached the House of Lords where it is being argued that whilst The Mirror was entitled to publish the fact that Campbell was an addict, details of non-medical treatment and a photograph of her leaving Narcotics Anonymous were a breach of confidence and an invasion of privacy.

007 Brand protected in Canada
Trade Mark / April 2004
Canada

TRADE MARK Television, Broadcasting, Merchandising Danjaq Inc. v Spiridon Zervas & Dimitr Zervas in Partnership trading as 007(2004) The applicants Zervass had sought to register the marks 007 and 007 PIZZA & SUBS and Design for its restaurant business in Canada. The application was opposed by Danjaq as owner of the trade-marks JAMES BOND 007 and GUN Design based on the novels by Ian Fleming. Danjaq argued that the applicant was not entitled to registration on two grounds: firstly, because the trade-mark 007 had been previously used and made known in Canada and, secondly, that the applicant’s marks were not distinctive. The Registrar of Trade Marks rejected the opposition on the basis of the wide disparity in the wares, services and businesses of the two parties. The opponent appealed to the Federal Court of Canada. On appeal, the Court considered new evidence filed by the opponent regarding the widespread distribution of films featuring the JAMES BOND character which are and were available through television broadcasts and video rentals and the publicity generated by the print media. In reviewing the evidence, the Court had little difficulty in concluding that the opponent’s marks were used and made known in Canada prior to…

New Regulations for Door Supervisors and Security Staff Introduced in the UK
Health & Safety , Live Events / April 2004
UK

HEALTH & SAFETY Live Concert Industry The Private Security Industry (Licences) Regulations 2004 In a move to take the image of door staff away from ‘bouncers’ and into the new millennium the UK Government have introduced The Private Security Industry (Licences) Regulations 2004 which are effective from the 01 March 2004. These Regulations make provision in relation to applications to the Security Industry Authority (SIA) for the grant of licences under the Private Security Industry Act 2001 to engage in the activity of door supervision for public houses, clubs and comparable venues. The new Regulations prescribe the application form to be used for such applications and prescribe the forms of licence to be issued for that activity. A distinction is made between licences for people who carry out that activity themselves and licences for those who act as manager, supervisor, employer or director etc of people who carry out that activity. An obligation is placed on door staff to wear the appropriate identifying licence at all times when working, to notify the SIA of any conviction or caution and to produce the licence on demand to the SIA or the police. Appeals from SIA decisions, alongside appeals from Local Authority…

Owners of ‘Lord of the Rings’ copyrights and trademarks take action
Copyright , Trade Mark / April 2004
USA

COPYRIGHT AND TRADEMARK Film, Television The Saul Zaentz Company dba Tolkien Enterprises, Inc. and New Line Cinema Corporation, Plaintiffs v Kultur International Films, Defendants The companies that own the rights to the J.R.R. Tolkien “Lord of the Rings” books and related movies and merchandise have sued a New Jersey company for publishing a four-volume DVD set about the books. The suit filed by the Saul Zaentz Company, which has owned the trademarks and intellectual property rights since 1976, and New Line Cinema, allege that Kultur International Films has infringed on the Tolkien trademarks and copyrights by importing, making and selling the set “Inside Tolkien’s The Lord of the Rings”. Each of the defendant’s four DVDs focuses on an individual volume of the Tolkien books, the suit said. The defendants have created a ‘mapped’ Middle Earth where the Lord of The Rings fantasy is set and have included new original artwork and illustrations. Bonus features include an interview with the DVD illustrators and new music inspired by The Lord of the Rings performed by folk group Mostly Autumn. The plaintiffs seek to stop the defendants’ alleged infringement and dilution of the Tolkien rights. They also seek damages, costs, legal fees and…

Tom Waits Wins His Action For Unauthorised Use of His Work in a Spanish Advert and Eminen Brings a Similar Claim in the United States
Spain

COPYRIGHT Record Labels, Music Publishers, Artists Tom Waits has won the opening stages of a legal battle against a Spanish production company that adapted his music and impersonated his voice for a television commercial, despite Waits’ refusal to allow his original version of the song, Innocent When You Dream, to be used for the advertisement. The court in Barcelona has ordered the company, Tandem Campany Guasch, to pay compensation to Waits’ publisher in Spain, Hans Kusters Music, for violation of copyright. The commercial, for Audi cars, was screened in Spain in 2000. As well as having the same structure as Innocent When You Dream, the commercial’s music was also performed in a Tom Waits’ style. The court judgement thus recognises there has been a violation of Waits’ moral rights in addition to the infringement of copyright. Waits first heard of the infringement from fans, many who believed it was Waits singing his own song. Waits has succeeded in a number of actions worldwide to prevent his music and image from being associated with commercial products. See : http://biz.yahoo.com/prnews/040302/latu044_1.html In a separate matter, Eminem is suing Apple Computers after the company used part of his song, Lose Yourself, in a TV commercial…

US Copyright Office Sets Rates for Webcasting
Copyright , Internet / March 2004
USA

COPYRIGHT Internet The U.S. Copyright Office has published the royalty rates for web music broadcasts, which essentially rubber-stamp a resolution reached last April between online music broadcasters and the Recording Industry Association of America (RIAA). In addition to setting rates for the 2003-2004 license period, the Copyright Office also named SoundExchange, a former RIAA arm spun off as a separate non-profit group in September 2003, as the sole designated agent to collect and distribute royalties from Webcasters and new online subscription services. The recording industry and Webcasters finally agreed on a proposed 0.0762 cents per performance or 1.17 cents per aggregate hour tuned in for free, advertising-supported services. Webcasters had opposed other rates suggested by the RIAA, saying they would put them out of business. The new regulations govern rates and terms for online music subscription services with non-interactive streaming components, Internet radio stations and traditional broadcasters that simulcast signals online. Under the new regulations, all covered services are required to submit a lump sum payment to SoundExchange covering the period from January 1 2003 through to February 29 2004 on or before April 14 2004. Starting from March, services are required to make royalty payments within 45 days after…

First Chinese Action for Unauthorised Public Performance of Sound Recordings
China

COPYRIGHT Record Labels, Music Publishers Proceedings in China’s first-ever lawsuit over copyright infringement for background music allegedly being played for profit-making purposes began in a Beijing court. Chang’an Department Store, a major retail outlet in the capital, has been charged for the infringement by the Music Copyright Society of China. The lawsuit court session started yesterday at the Beijing No 1 Intermediate People’s Court. This case is the first of its kind since the country’s Copyright Law was amended in 2001. In its indictment, the plaintiff is seeking a compensation of 228,100 yuan (US$27,600) for the accused store’s use of background music, whose copyright is managed by the society, without being authorized and paying fees to the society. No judgement was made in the case, and an announcement for the next session is yet to be made public. The Music Copyright Society of China is the country’s only officially recognised organisation for music copyright administration. See : http://www1.chinadaily.com.cn/en/doc/2004-02/05/content_303185.htm

EMI Admits CD Copy Protection Compatibility Problems
Copyright , Record Labels / March 2004
Australia

COPYRIGHT Record Labels EMI’s Australia has admitted that its CD copy protection system has resulted in “compatibility issues” since it began using the technology in November 2002. The confession came in an email sent to an Australian music buyer, Michael Ellerman, The Melbourne Age reported. Ellerman complained when his copy of Massive Attack’s 100th Window album wouldn’t play on his CD player at home or – crucially – his Linux box. It would only play on a Windows PC, he said. EMI’s system is believed to introduce errors in the music encoded as a data on the disc. A regular CD player should have a good enough error correction mechanism – and there are a lot of errors, even on a non-copy protected disc – to generate the sound quality we’ve come to expect from the medium. PC-based CD drives are supposed to balk at these artificially induced errors and refuse to play or RIP the discs. Many portable players also use the error correction mechanism as the basis for their anti-skip systems. So do in-car CD players, which is why copy protected discs are causing such a problems with UK motorists. ‘Borked’ CDs that won’t play on many CD drives, including car players,…

EMI Takes Action Over Sampled “Grey Album”
Artists , Copyright , Record Labels / March 2004
UK

COPYRIGHT Record Labels, Artist Somewhat unsurprisingly EMI Records has said that it will take legal action against DJ Danger Mouse over his limited edition CD ‘The Grey Album’. The producer/DJ found himself behind one of the hottest records of the year by splicing vocals from last year’s ‘The Black Album’ by Jay-Z with beats created from the Beatles seminal ‘The White Album’. But the DJ has been served with a cease and desist order – along with the small number of independent retailers who had stocked the 3,000 copies of the record. The Beatles’ recordings and the Lennon/McCartney compositions are guarded by the copyright owners and clearly the Grey Album consisted of unauthorised sampling of both the recordings and the compositions. EMI Records control the Beatles sound recordings on behalf of Capitol. The Lennon/McCartney publishing catalogue is owned by Sony Music and ATV Publishing. Danger Mouse himself insists that the 3,000 copies were only intended as promotional items. See : http://www.ilmc.com (News)

E-Data Announces Successful Settlement with Microsoft, Tiscali, HMV, and OD2 in Europe
Internet , Patents / March 2004
EU

PATENT LAW Internet The E-Data Corporation has announced a world-wide agreement for past and future royalties has been reached with On Demand Distribution GmbH (OD2), settling the infringement actions against OD2, HMV Group , Tiscali and Microsoft. For infringing upon E-Data’s European patent EP0195098B-1, also known as “the Freeny patent.” This settlement resolves all outstanding litigation with the companies. As part of the agreement, financial terms of the settlement were not disclosed. The Freeny patent covers the downloading and recording of information, such as music, from a computer onto a tangible object, such as CDs, DVDs and MP3 players. The OD2 platform enables Tiscali Music Club customers and HMV customers to download individual music tracks for a fee using Microsoft’s Windows Media Player and Digital Rights Management technology. Bert Brodsky, chairman of E-Data Corporation stated, “We are quite pleased with this settlement as it further reinforces the scope and validity of the Freeny patent in Europe. While the OD2 service is still in the nascent stage, which is reflected in the settlement, the agreement sends an important message to other companies infringing upon our intellectual property. Importantly, OD2’s service in Europe parallels iTunes Music Store, a successful music downloading service developed by Apple in…

Inventor Wins Japan’s Highest Patent Compensation Award after Suing ex-employer Hitachi
Patents / March 2004
Japan

PATENT LAW Technology The Tokyo High Court has ruled that Seiji Yonezawa had not been paid enough for his work on technology that was a forerunner to DVD. The court awarded Mr. Yonezawa 162m yen (£1.32m / $2.08m) for his work on three optical disc technology patents. Hitachi had originally paid Mr Yonezawa 2.3m yen in compensation. Hitachi said it was considering an appeal and believed its rulebook on compensation was in line with other firms. During the mid-1970s Mr. Yonezawa developed optical disc technologies that resulted in three patents. Hitachi paid him 2.3m yen to take over the patents. Mr Yonezawa first took Hitachi to court two years ago and won 34.9m yen in compensation in the Tokyo District Court. Mr. Yonezawa appealed to the High Court and asked for 250m yen. The High Court’s decision did not go that far, but it has awarded him more than 70 times Hitachi’s original payment. See : http://news.bbc.co.uk/2/hi/business/3440855.stm

BPI Wins First Internet-based Parallel Importing Case
Copyright , Internet , Record Labels / March 2004
UK

COPYRIGHT Record Labels, Internet The online retailer CD Wow!, based in Hong Kong, has agreed to stop sourcing CDs from outside the European Economic Area (EEA), in particular from Asia, in a move that will add o its retail price of CDs sold. The BPI (British Phonographic Industry) which had filed a law suit against CD Wow! has now settled its legal action. CD Wow! has been one of the internet’s biggest success stories in the UK with a turnover last year estimated at m ($181.7m). The settlement represents the music industry’s first success in its battle against parallel imports, where genuine CDs are purchased in one country before being sold in another without the copyright owner’s consent via the Internet. Parallel importing used to be a major problem for record labels in Europe, but the European Community’s common market means that goods can flow freely within Europe from one member state to another member state. However, this does not apply to goods purchased outside of the European Community. The BPI is also investigating amazon.com, the world’s largest online retailer, and has issued legal proceedings against play.com, a Jersey-based company, over parallel imports. This decision only affects CD Wow’s business…

Yoga Guru Claims Rights in Yoga Position and Teaching Style
Artists , Copyright , Trade Mark / March 2004
USA

COPYRIGHT AND TRADEMARK Artists Bikram Choudhury, a former weightlifter who devised his own method of teaching and practising yoga is being sued in the San Franscisco Federal Court by a number of his yoga schools over his assertion that he owns copyright and trademark rights in his teachings and a number of postures. They caim there can be no rights to traditional postures and teachings. Mr Choudhury has written to a number of his franchised yoga schools alleging them of violating his intellectual property right by deviating from his strict teachings and employing instructors who were not trained by him. Source: The Guardian, 9 February 2004

RIAA Bring Additional Legal Actions in the US Against Alleged File Swappers as French and German Sales of CDs Decline
Copyright , Internet , Record Labels / March 2004
France
Germany
USA

COPYRIGHT Record Labels, Internet The RIAA (Recording Industry Association of America) has filed a further 532 lawsuits against alleged music pirates. Since losing the appeal in their action against Verizon (see Law Updates February 2004) the RIAA now have to file ‘John Doe’ suits in the US identifying their alleged downloader by their Internet Protocol address. Once a “John Doe” suit has been filed, the plaintiffs (RIAA member labels) can subpoena the information necessary to identify the defendant by name. The RIAA – Verizon (2003) case resulted in a decision by the federal appeals court that the information subpoena process allowed by the Digital Millennium Copyright Act (DMCA) cannot be used in infringement cases involving peer-to-peer networks. In the UK, the BPI (British Phonographic Industry) have said that they would also now consider taking legal action against the ‘worst offending’ internet file swappers. Meanwhile, facing their first annual sales decline in recent memory, officials from France, the world’s fourth largest music market, said that they would also fight back with lawsuits. French music industry trade body SNEP reported that recorded music sales fell 14.6% in revenues in 2003 to just under 2.1 billion euros – blaming the growth in file-sharing…

France Applies Criminal Sanctions to Music Downloader
Copyright , Internet , Record Labels / March 2004
France

COPYRIGHT Record Labels, Internet A French national who sold CDs made from songs he downloaded from the Net has been sentenced to six months in jail and fined EUR 1,000 (). Bruno Dugas, 38, was found guilty of infringing copyright law by setting up a web-based business through which he offered to sell CDs containing mp3s from p2p sites. Proceeds from the fine will go to the SPPF, a French body representing music producers and studios. Dugas was also ordered to publicise the judgement in two newspapers. See : http://p2pnet.net/story/693

Welsh Shop Owner Finally Pays for PPL Licence
Copyright , Record Labels / March 2004
UK

COPYRIGHT Record Labels A music store owner in Wales was issued with legal proceedings by Phonographic Performance Ltd (PPL) who threatened to close down his shop unless he paid for music he had played to customers. Andrew Davies claimed the tunes were in fact a free advert, encouraging people to buy records they heard in his store. PPL said he was playing records by rockers Aerosmith when its undercover team swooped on the shop. But Mr Davies denied his shop, Andy’s Records in Aberystwyth, even stocked records by the American band. However, rather than be shut down and face hefty legal bills, Mr Davies paid to PPL, which allows him to continue to play music by all sorts of rock and pop stars to customers. He said: “Music is played in the shop to sell records and create an atmosphere. It is not fair to give money if the record is not sold”. PPL is a collective administration society with over 3,000 members who are record companies. PPL licences the public performance of recorded music throughout the United Kingdom from clubs, bars and hotels through to dance teachers. PRS licences the public performance of music compositions. See :http://icnorthwales.icnetwork.co.uk/news/regionalnews/content_objectid=13909390_method=full_siteid=50142_headline=-Music-store-boss-pays-up-after-court-threat-name_page.html

FACT Figures Horrify UK Film and Record Industry. In the USA, Studios Take Legal Action on Piracy and the FBI Provide a Seal of Authenticity
Copyright , Internet , Record Labels / March 2004
UK
USA

COPYRIGHT Film, Television, Record Labels, Internet The Federation Against Copyright Theft (FACT) have published figures which show the anti-piracy organisation seized almost 1.8 million pirated DVDs in 2003 in the UK – a rise of 405% on the previous year. ELSPA, the trade organisation which represents games manufacturers says it seized more than 250,000 games, a slight increase on 2003; whilst the BPI announced that more than 8 million fake (counterfeit) CDs were sold illegally in the UK in 2003. In all, the anti-piracy groups estimate that fake goods cost the UK industry more than ten billion pounds in 2003 with an alarming increase in the speed by which fake product reaches the public through downloading and digital copying allowing good quality copies to be produced in very short periods. See the Observer, 18 January 2004. In the USA, Warner Bros and Columbia film studios have reportedly sued an actor and a man arrested for allegedly distributing movie preview tapes over the internet. They have filed complaints in Los Angeles against actor Carmine Caridi – an Oscar voter – and Russell Sprague. The studios claim the men infringed copyrights by copying and distributing copies of the films on VHS and…

Canadian Court Asserts Jurisdiction over the Washington Post in an Internet Libel Action as Defamation Laws in the UK, USA and Australia are Applied to the World Wide Web
Defamation , Internet / March 2004
Canada
USA

DEFAMATION Internet The Ontario Superior Court of Justice will allow a plaintiff to pursue his claim arising from alleged defamatory statements published on the Internet by the defendant continuously since January 1997. The primary issue in this case was whether the Court had jurisdiction over a foreign publisher of allegedly libellous statements concerning an international civil servant with residency status in Canada, where the medium of distribution of the statements was the Internet. The Court found that the broad reach of the Internet and the renown of the newspaper itself were factors in demonstrating the multi-state nature of the action. Justice Pitt held that the defendant “should reasonably have foreseen that the story would follow the plaintiff wherever he resided.” The Court was also attracted by the reasoning of a recent Australian case, Dow Jones & Company Inc v Gutnick, [2002] HCA 56, in which the High Court of Australia approved the assertion of jurisdiction where an American corporation published material online that was allegedly defamatory of Mr Gutnick, who was living in Australia (see Law Updates July 2003 and Harrods v Dow Jones). In another Canadian case, Vaquero Energy v Weir, the Alberta Court of Queen’s Bench awarded the Plaintiffs general and…

New York Mets Gain UK Mark Registration
Artists , Record Labels , Trade Mark / March 2004
UK

TRADEMARK Record Labels, Artists The New York Mets baseball team have been allowed to register their “Mets” mark in the United Kingdom in classes which include use for clothing, hats, toys, stationery and magazines. The decision by the UK Registrar for Trademarks was a blow to the Ministry of Defence who opposed the application saying that there was a likelihood of confusion with its own mark for the “Met Office” which is a registered mark for the Meteorological Office. The Trade Mark Act 1994defines a trade mark as any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of another undertaking. The Registrar held that there would be no confusion in the British public between the baseball team’s mark and the national weather forecasting service’s mark. This is the second case the Ministry of Defence have lost in as many months. The MOD applied to register the Royal Air Force’s red, white and blue ‘target’ or roundel as a trade mark. A number of fashion companies successfully opposed the registration saying that the roundel entered the public domain in the 1960s when the ‘mods’ started using the same red, white and blue roundel as…

Microsoft Regrets Action Against mikerowsoft.com
Internet , Trade Mark / March 2004
USA

TRADEMARK Internet Microsoft has admitted it may have made a mistake in threatening Mike Rowe for using his web site, mikerowesoft.com. Rowe, a student from Vancouver, registered mikerowesoft.com to front his part-time Web site design business in August 2003. Three months later he was emailed by Microsoft’s lawyers asking him to transfer the domain name to Microsoft. They offered to pay him a “settlement” of $10 (5), which is the cost of his original registration fee. However, after the case received widespread publicity on the Internet, Microsoft has admitted it may have taken things too far and has promised to treat Rowe fairly and admitted that his website name was a “creative domain name”. However, and on a serious note, Microsoft lawyers were undoubtedly right in taking the matter seriously against a name which could have possible confusion with its own trade marks. See : http://news.zdnet.co.uk/business/legal/0,39020651,39119214,00.htm

The Concept of Image Rights in the UK Develops as David Bedford Benefits from Ofcom Ruling
Artists , Image Rights / March 2004
UK

IMAGE RIGHTS Artists David Bedford, the former 10,000 metre world record holder has benefited from a ruling by the UK media regulator, Ofcom, that his image (long hair, drooping moustache, red socks and striped singlet) were used without his permission by the owners of the 118118 phone director, The Number. The number have invested million in advertising their service which is now the UK’s most popular director of enquiries. Ofcom is not in anyway a court, and this is not a judicial decision, but the regulator found that the high profile adverts featured a caricature of Mr. Bedford. Advertising rules state that no living person may be portrayed, caricatured or referred to in advertisements without their permission. Mr. Bedford now plans to take legal action against The Number for damages of ,000. Aberdeen Amateur Athletics Club whose club kit features a two red striped singlet identical to that used in the advertisement have already reached an out of court settlement with the Number. COMMENT : Ofcom’s decision has re-opened the debate on image rights in the United Kingdom. Even as early asTolley v Fry (1931)[AC 333 HL] a amateur golfer, Tolley, was held to have a cause of action against chocolate manufacturers…

United Kingdom: Trade Mark Registration – v – Trade Mark Use: A Costs/Risk Analysis
UK

TRADEMARK Artists, Record Labels, Internet ARTICLE: By Emma Lambert, Solicitor The best method of protecting your brand against copying and of increasing its value is to register it as a trade mark. Unfortunately registration can be expensive. If you choose not to register your brand it may be protected under UK law by the law of “passing off”. Recent Court cases are a reminder that passing off still has teeth but you cannot afford to be complacent even if you do register your brand as a trade mark. One case in particular, Associated Newspapers Ltd and another v Express Newspapers, carries messages for brand owners. The Problem The Claimant, Associated Newspapers, owns the ‘Daily Mail’, ‘The Mail on Sunday’ and ‘Evening Standard’. The Defendant owns the ‘Daily Express’ and intended to launch a free evening newspaper in London, in competition with the Evening Standard. Various names were considered for the Defendant’s newspaper but each could be shortened to ‘The Mail’. The Claimant argued that use of the proposed names: ‘The Mail’, ‘Evening Mail’ and/or ‘London Evening Mail’ would constitute “passing off” and trade mark infringement of the Claimant’s registered trade marks: The Mail; Daily Mail; andMail on Sunday. The Defendant argued that the Claimant…

Betamax Was a Steppingstone: 1984 Court Ruling Launched a Technological Revolution
Copyright , Internet , Record Labels / March 2004
USA

COPYRIGHT Internet, Record Labels, Technology ARTICLE: By Fred Von Lohmann, Senior Intellectual Property Attorney, Electronic Frontier Foundation (This article is comment on the now milestone decision in the US by the Supreme Court regarding technology which has both infringing and non-infringing uses. This decision is paralleled in the UK in the case of CBS Songs v Amstrad. The EFF’s comment is made at the time of the current US appeal court hearing in the case of the MGM Studios v Grokster).   The MP3 generation may not remember it, but 20 years ago, Hollywood fell just one vote short of winning a ban on the VCR. This month marks the 20th anniversary of the Supreme Court’s 5-4 decision in Sony v Universal City Studios (1984), the case in which two movie studios asked the federal courts to impound all Betamax VCRs as tools of “piracy.” Thankfully, the Supreme Court spurned Hollywood’s arguments, best summarized by Motion Picture Association of America chief Jack Valenti’s famous quote: “I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone.” The court decided that American consumers were not violating copyright laws when…

The Copyright and Related Rights Regulations 2003
UK

COPYRIGHT Record Labels, Music Publishers, Artists, Internet, Film, Television, Technology ARTICLE: By Jonathan Cornthwaite, Solicitor The Copyright and Related Rights Regulations 2003 (SI 2003 No. 2498)(“the Regulations“) came into force on 31 October 2003. The Regulations implement in the UK the EU’s Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (“the Directive“) which entered into force on 22 June 2001. The aim of the Directive is to harmonise across the EU the basic rights relevant to uses of copyright material in the light of technological developments in the information society and e-commerce. The rights in question are those of originators of copyright material to control reproduction and communication to the public by electronic transmission of their works, including by way of digital broadcasting and on-demand services (i.e. services whereby works are accessed by the public at a time and place individually chosen by them). The UK has implemented the provisions of the Directive by an amendment to the Copyright, Designs and Patents Act 1988 (as amended)(“the Act“). The Copyright Directorate (part of the Patent Office) considers that current UK law provides a sound basis to meet the challenges of new technology to copyright law, and the Regulations…

Canadian Copyright Board Rules on Private Copying Levies and P2P Music Downloading
Canada

COPYRIGHT Record Labels, Music Publishers On 12 December 2003, the Copyright Board of Canada issued a decision on private copying levies for 2003 and 2004 and suggested that music downloaded from peer-to-peer (P2P) networks was legal, provided it was in accordance with the private copying exemption found under section 80 of the Canadian Copyright Act . Although the Board froze all existing private copying levies it created new levies for non-removable memory permanently embedded in digital audio recorders. As a result, current levies of 29c on audio cassettes of 40 minutes or longer (no levy applies to tapes of shorter length), 21c on CD-Rs and CD-RWs, and 77c on CD-R Audio, CD-RW Audio, and MiniDiscs will remain in effect until the end of 2004. For devices such as MP3 players that qualify as non-removable memory permanently embedded in audio recorders, new levies were created on a sliding scale related to memory capacity. As a result, units with memory storage of 1 Gigabyte (Gb) or less will be subject to a levy of $2. Recorders with memory capacity ranging from 1 to 10 Gbs will face a levy of $15 per unit. Units with memory storage exceeding 10 Gbs will have a $25…

Growth in Manufacture of Counterfeit DVDs in UK Market
Copyright , Record Labels / February 2004
UK

COPYRIGHT Record Labels, Film, Television The Federation Against Copyright Theft (FACT) have reported that the United Kingdom’s HM Customs & Excise have identified a huge surge in the number of counterfeit DVDs being imported into the UK with Pakistan now providing 38%, closely followed by Malaysia which provides 33%. These two countries dwarf remaining culprits including Singapore (5%), UAE (3%) and Thailand (2%).

New UK Regulations for Booking Agencies and Entertainment Agents
Employment Law , Live Events / February 2004
UK

EMPLOYMENT LAW Live Music Industry ARTICLE: The Conduct of Employment Agencies and Employment Businesses Regulations 2003 – By Ben Challis and Paul Fenn The Conduct of Employment Agencies and Employment Business Regulations will come into force in the United Kingdom, in the main, on 6 April 2004. The Regulations affect all employment agencies and employment businesses including entertainment agents and booking agents. The aim of the Regulations are “to make provision to secure the proper conduct of employment agencies and employment businesses and to protect the interests of persons using their services.” The Regulations include new procedural obligations. The major impact on UK booking agencies will be the requirement to have strict “compliance” procedures in place. In general, the regulations do not have any specific changes that will conflict with the usual day to day running of the agencies in their normal course of business, but a lot of additional paperwork will need to be generated. The Agents Association are currently working on the idea of developing a “Terms of Business” (ToB) letter that be issued to artists / clients that will cover the majority of the requirements of these regulations, along with a similar ToB to issue to Hirers (promoters) to satisfy…