Morrissey wins right to sue NME for libel
Artists , Defamation / November 2011

DEFAMATION Artistes Morrissey has won the right to let a jury decide if the NME portrayed him as a ‘racist and blatant hypocrite’ four years ago The former Smiths frontman was granted his wish for the libel case to be heard after he won at a pre-trial hearing against Conor McNicholas, the former NME editor, and the magazine’s publisher, IPC Media, in the High Court. In a written judgment, Mr Justice Tugendhat said: “Overall, in my judgment a proper balance between the Article 10 right of freedom of expression of [the NME] and Mr Morrissey’s right to the protection of his individual reputation requires, in the circumstances of this case, that the action be permitted to proceed.” The magazine had resisted the trial on the basis that the delay in brining proceedings showed that the singer was “not really interested” but after the hearing an NME spokeswoman said: “NME recently sought to strike out Morrissey’s claim on grounds of a lengthy delay. After almost four years, we are glad that the matter will now proceed to trial and we will finally get the opportunity to bring this matter to a close.” Mr Justice Tugendhat said that Morrissey’s explanation of why it…

Court of Appeal limits rugby club’s liability to injured player
Health & Safety , Live Events / November 2011

HEALTH & SAFETY Live events industry In a case which is of particular interest to the sporting sector, the Court of Appeal has ruled that an award by the County Court of £54,000 to a young rugby player who was injured playing for an under-17s team after he fractured his right kneecap was wrong and must be re-paid along with court costs.  The case follows on from the decisions in Tomlinson v Congleton Borough Council [2003] UKHL 47  and Lewis v Six Continents  [2005] EWCA Civ. 1805  which both go some way in limiting liability in the face of the ever increasing number of personal injury claims and protecting potentially risky but “useful” activities such as playing sport. Jack Sutton, 20, was 16 and playing at Syston Rugby Club in Leicestershire when he was injured by the “sharp stub” of a broken plastic cricket boundary marker. He sued the club claiming there had not been an adequate pitch inspection Overturning the payout, Lord Justice Longmore said: “It is important that neither the game’s professional organisation, nor the law, should lay down standards that are too difficult for ordinary coaches and match organisers to meet adding “Games of rugby are, after all, no more than…

Pukklepop will go ahead in 2012
Health & Safety , Live Events / November 2011

HEALTH & SAFETY Live events industry Belgian music festival Pukkelpop will go ahead next year, despite the tragedy which struck this year’s event when four people were killed after a stage collapse when a freak storm hit the festival site on the opening day of Pukkelpop 2011. 70 other people were injured as lighting rigs and large screens also fell. Following an investigation by the Hasselt Public Prosecutor, a ‘force majeure’ ruling was put in place, stating that the festival’s organisers could not be held liable for what happened. This means the Festival will not face prosecution, but reportedly will not be able to make a claim against its liability insurance cover – although it turn those wishing to bring a civil law claim against the Festival may face an additional hurdle in proving fault and liability. The Festival will take place between the 16th and 18th August 2012 and customers who had bought a ticket for the cancelled 2011 event will receive free food and drink vouchers, valued at 75 euros and 150 euros respectively which can be used at any of the next three Pukklepop festivals. For damages to items such as lost or broken camping equipment, festivalgoers will be…

Emergency licensing review for nightclub after death of university student
Licensing , Live Events / November 2011

LICENSING Live events industry An emergency review will take place by Northampton Borough Council into the premises licence for Lava & Ignite where student Nabila Nanfuka died and eight others were injured, two critically,  in a stampede to the exits in the early hours of the morning on Wednesday 19th October. Northamptonshire Police have formally asked the Borough Council to hold a summary review, also known as an expedited or emergency review under Section 53 of the Licensing Act 2003, into the licence. As a result, a special sub-committee of the licensing panel will meet to consider evidence put forward by the police and decide what action to take. Expedited reviews allow the police and the licensing authority to respond quickly when a serious incident of any kind takes place in a licensed premises. Brian Binley, MP for Northampton South, said: “My thoughts are with the family and friends of the young lady who sadly lost her life and others who were injured and it is important that they get some answers so that they can have some closure. “There are many serious questions which need answering as to how this tragic incident occurred.” Adding  “Youngsters and their families have the right…

Hook bemoans control of New Order Trade Mark
Artists , Trade Mark / November 2011

TRADE MARK Artistes Rather like the Bucks Fizz case in reverse, but still dependent on ownership of a band’s Trade Marked name, Peter Hook has realised that there is little he can do to stop former New Order band mates Bernard Sumner, Stephen Morris and Gillian Gilbert re-forming as New Order – without him. Its ironic, as Hook announced the band had split in 2007 – apparently without telling Morris or Sumner (Gilbert had left back in 2001). Now Sumner, Morris and Gilbert will use the New Order name when they play two charity shows later this month and, it seems to Hook, when they follow those shows up with a full-on US tour). The three band mates seemingly control the band’s limited company which owns the Trade Marks with Hook saying “They pulled a cunning limited company hostile takeover and managed to take over the trademark from me.” Hook does have a brief moment of clarity. “Musicians are renowned for focusing on stupid, petty arguments”, he notes. “The things that Bernard and I are arguing about are absolutely fucking pathetic, and I’m hoping that some grown up will come into the schoolyard and stop it”. Read Hook’s interview in…

Gaga gags Goo Goo
Artists , Trade Mark / November 2011

TRADE MARK Artistes Lady Gaga’s company, Ate My Heart Inc, has taken legal action in the High Court against Mind Candy, owners of the enormously popular Moshi Monsters brand, in a successful effort to stop the children’s social network using an animated character called Lady Goo Goo performing songs on YouTube. The Guardian reports that the Lady Goo Goo character became an internet hit in the summer with the release of a music video called The Moshi Dance on YouTube. Moshi Monsters had planned to release the song on iTunes, via a new division, Moshi Music, designed to exploit its animated characters, and launch an album of Moshi music later this year. The character also sings a song called “Peppy-razzi“. Lady Gaga submitted evidence in court suggesting some consumers had already been confused that there was an official connection between GooGoo and Gaga – the American singer released the single Paparazzi in 2008 from her debut album The Fame. Mr Justice Vos awarded an interim injunction sayiung that Mind Candy cannot play or offer the parody song for sale. But he also ruled that Lady GooGoo could still appear in the Moshi Monsters game – without the song. Lady Gaga’s injunction bans the Mind Cady…

X-factor newbies pick charity’s name
Artists , Trade Mark / November 2011

TRADE MARK Artistes I always advise bands to do a quick Google and see who is using a name – but it seems the UK’s popular TV show the X-Factor can’t be bothered – and picked a name for a new teenage group featured in the show and called the all-girl ensemble Rhythmix, much to the consternation of a charity based in the South East of England, also called Rhythmix. The charity has owned a figurative trade mark 2411527 since 2006 which is registered in class 41 (education) and the ever diligent and wonderful IPKat reports that the charity is a music-based organisation providing opportunities for children, hence its concern over possible confusion. It doesn’t stop there. A closer look by the IPKat at the name Rhythmix shows that neither of the aforementioned entities has any claim to originality. There is the CTM E2146090 for “LP Rhythmix” registered to a Connecticut company for goods in class 15 (musical instruments),first registered in 2002 but with a priority date of 2000), not to mention a California-based organisation called Rhythmix Cultural Works which claims to have been ‘inspiring the community of Alameda, California to “engage in the arts and strengthen the value of creativity and discovery in everyday life’…

Independent labels licence YouTube
Copyright , Internet / November 2011

COPYRIGHT Internet The European independent record label’s music agency Merlin has anounced announced a global deal that will license repertoire from hundreds of labels to the YouTube service, effective immediately. The agreement covers thousands of acts, including Yeasayer, Antony and the Johnsons (pictured), Aphex Twin, Prodigy and Grizzly Bear. Among the independent labels involved in this deal are Earache, Secretly Canadian, Ninja Tune, Cooking Vinyl, Warp, Phonofile, Pschent, Morr Music, !K7 and Inertia. The agreement generates revenues to Merlin’s member labels whenever their official releases, or user-generated videos featuring their repertoire, are played via the YouTube service. Merlin has existing deals with a number of digital services including Rdio, Spotify, MySpace Music, Catch Media, Simfy, and Music Unlimited powered by Qriocity.

Murphy wins in battle to screen Greek TV, as EU competition law “trumps” copyright law
Competition , Copyright , Licensing / November 2011

COPYRIGHT / COMPETITION Broadcasting, licensing Pub landlady Karen Murphy has succeeded in her European court battle against the Premier League over the use of a Greek TV decoder to screen Live Premiership football matches in the UK.  This update is taken from information contained in a press release from the Court of Justice of the European Union (No 102/11, Luxembourg, 4th October 2011). The Court of Justice held in a preliminary ruling that national legislation which prohibits the import, sale or use of foreign decoder cards is contrary to the freedom to provide services and cannot be justified either in light of the objective of protecting intellectual property rights or by the objective of encouraging the public to attend (live football matches) football stadiums. So far as concerns the possibility of justifying that restriction in light of the objective of protecting intellectual property rights, the Court observes that the Football Association Premier League (FAPL) cannot claim copyright in the Premier League matches themselves, as those sporting events cannot be considered to be an author’s own intellectual  creation and, therefore, to be  ‘works’ for the  purposes of copyright in the European Union. The Court also held that even if national law…

Popovitch estate sues for Bat Out Of Hell rights
Contract , Copyright , Record Labels / November 2011

CONTRACT / COPYRIGHT Record labels CMU Daily reports that the estate of the late record label exec Stephen Popovich is trying to seize ownership of the sound recording copyrights in the iconic Meat Loaf album ‘Bat Out Of Hell’, currently owned by Sony Music. Popovich, whose Cleveland International Records released ‘Bat Out Of Hell’ in 1977 in partnership with the exec’s former employer Epic Records, had various run ins with Sony. Sony has owned Epic from the late 1980s onwards. Popovitch claimed that the major frequently misreported royalties and underpay him his share, and he also sued when Sony failed to fulfil a contractual commitment to include the Cleveland International logo on all releases of the album. A 1998 lawsuit ended in an out of court settlement, while in 2002 litigation – in part based on allegations Sony had breached the 1998 agreement – resulted in  Popovich being awarded $5 million in damages Popovich died in June 2011and his estate has taken up the ongoing battle with Sony. In a new lawsuit the estate claims that Sony continues to violate the terms of its agreements with Cleveland International Records, accusing the major of a number of fraudulent acts to underpay…

Cassidy sues Sony over merchandise share
Artists , Contract / November 2011

CONTRACT Artistes CMU Daily reports that singer David Cassidy is suing Sony over unpaid royalties. Cassidy says that he is owed 15% of all monies generated by merchandise associated with ‘The Partridge Family’, the 1970s US sitcom in which he appeared and Cassidy’s lawyers reckon the Sony TV studio has made $500 million in profits from the show’s spin off merchandise, and has failed to honour a royalty cut included in their client’s 1971 contract. Cassidy told CNN that he has been informed he has only ever received $5000 from Sony for merchandise sales. Sony is yet to respond. CMU Daily 7th October 2011

CD bootlegger gets suspended jail sentence
Copyright , Internet , Record Labels / November 2011

COPYRIGHT Record labels, online Dave Finney, A 60 year old man from Barnsley, South Yorkshire has been given a suspended sentence for selling pirated CDs online. Finney downloaded music from the internet, burned it to CDs, and then sold them via the web, with very little attempt to hide his tracks.  After the BPI discovered the operation, police seized his computer equipment and found he had illegally copied more than 200,000 items although despite the high quantities of copies he was making , it is reported that payments taken via PayPal amounted to just over £12,000. The judge hearing the case accepted that there was a ‘degree of naivety’ about Finney’s piracy pursuits, but, he said, given the number of tracks illegally copied, and the fact the venture ran for four years, a custodial sentence was required, albeit a suspended one. Finney, previously of good character,  was given a nine month suspended jail term, and ordered to wear an electronic tag and adhere to a night time curfew for four months. Money and equipment associated with the piracy operation will also be confiscated.

Kanye and Jay-Z face sampling claim

COPYRIGHT Music publishing, record labels US musician Syl Johnson has filed a lawsuit against Kanye West and Jay-Z over the use of a sample of his song ‘Different Strokes’ on a track on the duo’s collaborative album ‘Watch The Throne’. Johnson’s record label Numero Uno had previously threatening legal action over the sample claiming that West’s label Def Jam had got in touch about licensing the track for sampling on West’s previous album ‘My Beautiful Dark Twisted Fantasy’, but that no agreement had been reached, and that no talks had ever taken place regarding ‘Watch The Throne’. The lawsuit, filed last week, also names Def Jam, Universal Music and Roc-A-Fella Records as defendants. Billboard notes that previous legal action taken by Johnson against Cypress Hill relating to an unapproved sample was unsuccessful because the track in question dated from before 1972, and judges ruled that the sound recording rights the singer said he owned were not therefore protected by federal law. As ‘Different Strokes’ was released in 1967 the new lawsuit specifically relies on Illinois state law, where the lawsuit was filed. Syleena Johnson, daughter of Syl, has commented on her father’s lawsuit against Jay-Z and Kanye West in an…

Jackson tribute hits yet more problems
Copyright , Internet , Live Events / November 2011

COPYRIGHT Live events, internet Michael Forever, the Michael Jackson concert in Cardiff, that seems to be have been plagued by a never ending saga of bad news with organisers Global Live Events facing criticism from fans and industry alike – and from some (but not all) members of the Jackson family. The final story before the event itself took place (that is apart from another artiste, The Black Eyed Peas, pulling out) was that the planned Facebook live webcast which would have cost fans $4 (or $5 on the day) was scrapped because no-one had thought to clear the featured music with music publishers PC Mag contacted Milyoni, the technology company which was managing the live stream, who explained: “Due to legal challenges brought by the music labels [or, rather, publishers] that own the rights to Michael Jackson’s lyrics, concert promoter Global Live Events has notified us that the live Facebook broadcast of the Michael Forever tribute concert has been cancelled. As the technology provider behind the live Facebook broadcast, Milyoni will fully refund all customers who pre-purchased access to the concert using Facebook Credits or PayPal”. The statement continued: “While social media presents a new opportunity for artists and…

DEA three strikes delayed till 2013
Copyright , Internet / November 2011

COPYRIGHT Internet Campbell Cowie, Director Of Internet Policy at media regulator OfCom, has said that warning letters under the three-strikes style anti-piracy system put in place by the Digital Economy Act are now not likely to go out until 2013 and he told delegates at the Westminster eForum in London that drafting the code that will set out how the so called graduated response system for tackling illegal file-sharing will work has proved very difficult indeed. Whilst moves by ISP’s BT and TalkTalk to block the copyright section of the DEA by judicial review have proved a hindrance, Cowie indicated that other matters have caused delays in launching three-strikes, in particular gaining confidence in the technology used to identify individual web users suspected of file-sharing, and working out exactly how the appeals process will work. The music industry originally hoped strike one – the sending out of warning letters to suspected file-sharers – would have begun earlier this year, but it now looks likely it won’t happen until 2013.   (24th October 2011)

Fighting for Beiber’s Freedom?
Copyright , Internet / November 2011

COPYRIGHT Internet Fight For The Future, a new US campaign group, has launched a series of photographs showing an arrested and then imprisoned Justin Bieber, on the grounds that the now unfringed pop sensation would have been arrested and possibly imprisoned at the start of his career if the provisions of U.S. Senate bill S. 978 had then been US law – on the basis that Bieber’s rise to fame began with YouTube videos of the pocket rocket singing cover versions of popular songs (although of course YouTube does have certain blanket licences in place itself, for an update see below). Reports say the new Bill will amend the criminal penalty provisions for criminal copyright infringement would make it a felony to stream unlicensed content ten times during any 180-day period and that and has a total economic value, either to the copyright holder or the infringer, of at least $2,500. The Bill has the support of the nearly 50 entertainment industry organizations, including the Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA). It is opposed by the Electronic Frontier Foundation and the Entertainment Consumers Association, among others. The bill’s sponsor, Amy Klobuchar told reporters…

Hargreaves Review – Sir Robin Drills
Copyright / November 2011

COPYRIGHT All areas Solicitor and former SABIP member Laurence Kaye has written a very clear summary of the responses Prof Sir Robin Jacob gave to MPs on the Business, Innovation and Skills Select Committee. Noting that the Hargreaves Review had been far too general and had been given too large a remit in too small a timeframe, Sir Robin said that “it is not possible to do the whole of IP in six months” and he called for an 18 month study of the specific issue of online copyright. Sir Robin’s thoughts cover the need to understand what technical steps from ISPs were possible before decisions were taken on the best approach to fighting online copyright infringement, the best forum for protecting copyright (favouring civil law proceedings), how a Digital Rights Exchange might work (only on an EU level), the ongoing role of the Copyright Tribunal and Sir Robin also strongly supported an exemption to copyright laws to allow data mining, stressing that he had spoken to medical researchers at UCL who said medical advances were being stopped by the lack of this facility. There is much more and its a good read – and its all on Laurie’s Blog…

Canada moves to modernise its copyright laws
Copyright / November 2011

COPYRIGHT All areas Canada’s federal government has reintroduced copyright legislation into the House of Commons in an attempt to modernise the country’s law, last updated in 1997.  The former Liberal government introduced proposed legislation in 2005 and the Conservatives made two attempts during their minority governments in 2008 and 2010, but none passed, the last one having run out of parliamentary time. The new bill is an attempt by the Canadian Government make the Country’s copyright laws fit for purpose in the digital age.  Bill C-11, the Copyright Modernization Act, is an exact copy of legislation tabled by the Conservatives in 2010, Bill C-32, which died when the last Canadian Parliament was dissolved. The legislation the aims to strike a fair balance between the rights of consumers to use products they buy and those of copyright-holders who are entitled to due compensation for their creations. The law would legalize everyday consumer practices that are currently prohibited, such as using a personal video recorder to record a TV show for later viewing, or copying music from a purchased CD to an iPod. It would further allow educators, artists and satirists to break copyright under limited circumstances if the use is fair and not…

Private Copying and Fair Compensation: An empirical study of copyright levies in Europe
Copyright / November 2011

COPYRIGHT All areas ARTICLE LINK By Professor Martin Kretschmer, Centre for Intellectual Property Policy & Management, Bournemouth University Professor Kretschmer has produced a report on the legal basis, rationale and economic effects of copyright levies as part of his ESRC Fellowship at the UK Intellectual Property Office. The research “Private Copying and Fair Compensation: An empirical study of copyright levies in Europe” reports a large amount of new empirical data, including three product level studies of printer/scanners, portable music/video/game devices, and tablet computers. The relationship between VAT, levy tariffs and retail prices is analysed for 20 countries. Following the Information Society Directive of 2001 (introducing the concept of “fair compensation” for private copying into EU Law), total collection from levies on copying media and equipment in the EU tripled, from about €170m to more than €500m per annum. Levy schemes exist now in 22 out of 27 Member States (with only the UK, Ireland, Malta, Cyprus and Luxembourg remaining outside). Professor Kretschmer says that despite their wide adoption, levy systems are little understood, both in respect of their rationale and their economic consequences. Tariffs are increasingly contested in court, leading to a large gap between claimed and collected revenues. The European Commission has…

File Sharing, Copyright and Freedom of Expression
Copyright , Internet / November 2011

COPYRIGHT Internet ARTICLE LINK By Dr Enrico Bonadio, City Law School, City University London The article explores the relationship between copyright and freedom of speech in the Internet environment. After highlighting the constitutional dimension of these conflicting rights, the phenomenon of file sharing and the role of Internet Service Providers (ISPs), the author analyzes the debate surrounding a particular sanction used in certain jurisdictions to punish unauthorized on line sharing of copyrighted material, i.e. the disconnection of Internet access. The increasingly important role played by private agreements between copyright holders and ISPs is also highlighted. A set of proposals aiming at identifying possible areas of freedom for unauthorized file sharers are then analyzed. In particular, the author believes that file sharing technologies may boost the exchange of information, opinions and ideas amongst Internet users and foster a number of values underpinning the very protection of free speech. It is for this reason – the author argues – that copyright rules might be relaxed when it comes to file sharing technologies, e.g. by transforming copyright from a “proprietary” to a “compensation” right. European Intellectual Property Review, Vol. 33, No. 10, 2011

Resale Rumble in the (Digital) Jungle – can you legally re-sell digital music?

COPYRIGHT Internet, record labels, music publishing For some time now there have been articles and comments about the legality of ‘re-selling’ legally acquired MP3s and other digital download music and video files by consumers. Now a new platform called ReDigi has been launched with exactly this activity as its core business model, offering a new model where consumers can legally buy and sell ‘second hand’ downloads. TechCrunch offers this opinion, accepting that there are a number of legal points to be considered (not least when bearing in mind the tumultuous and lawsuit-heavy history of the sale and distribution of music on the internet): “With the rise in the digital distribution of music, movies, software, and more, there has come surfeit legal confusion over whether or not the so-called “first sale doctrine” applies to digital transactions. Basically, under the first-sale doctrine, once the person who owns the rights to, say, a CD sells a copy of that work, the owner relinquishes control of that individual copy. Once that copy is in a new user’s hands, they own it and can do with it as they please, including reselling, lending, or giving it away. However, Some have claimed that the first-sale doctrine does not apply to…

Dylan accused of copying in gallery row
Copyright / November 2011

COPYRIGHT Artistes Bob Dylan  has been accused of replicating several famous photographs in his new art show, The Asia Series, which includes paintings that seem like acrylic reproductions of images by Henri Cartier-Bresson, Dmitri Kessel and Léon Busy. The exhibition, at the Gagosian Gallery in New York was described as a “visual journal of [Dylan’s] travels in Japan, China, Vietnam, and Korea”, with “first-hand depictions of people, street scenes, architecture and landscape”. But within days of opening, the New York Times reports, visitors began remarking on the paintings’ similarities to well-known photos although non were credited as sources. Fans on the Expecting Rain forum have pointed out that a Dylan painting called ”Opium” is almost identical to Léon Busy’s 1915 photograph “Indochine”. Other fans and bloggers have found paintings based on shots by Kessel and Cartier-Bresson. A fan called Okinawa Soba claims six of the Asia Series’ 18 paintings were copied from photos in his Flickr stream, even incorporating the Photoshop edits Soba made to the images. the gallery has now modified its description of the show. Instead of a “visual journal”, the Asia Series is now a “visual reflection” on Dylan’s travels. A federal court in California recently found the central figure in Banksy’s street-art documentary entitled Exit Through the Gift…

Pirate Party makes European policy progress
Copyright / November 2011

COPYRIGHT All areas The Pirate Party’s “rise” in Europe – having had two Swedish MEPs elected in 2009 and more recently having gained a substantial number of seats in the Berlin state parliament after polling 8.5% of the votes – has mostly been written off as a niche occurrence with the party having no realistic hope of making a change. But now it seems like the Greens/European Free Alliance, the 5th largest coalition of political groups in the European Parliament, has adopted the Pirate Party’s policies on copyright. The coalition, which has seen the most gains in recent elections on the continent, will now support copyright policies which include a reduction in the basic term of rights protection to five years, extendable to 20 years on registration, a new right to format shift, a ban on new blank media levies and a new right to share files. Counterfeiting and “profiting directly from other people’s work without paying them” will remain illegal. The party’s UK manifesto also contains provisions for individual privacy and free speech. The UK’s Pirate Party leader Loz Kaye told The Inquirer: “With the recent election victory in Berlin and now the Green EU Block adopting key Pirate…

Supreme Court confirms that a download is NOT a public performance
Copyright , Internet , Music Publishing / November 2011

COPYRIGHT Internet, music publishing The U.S. SupreSupreme Court confirms that a download is NOT a public performanceme Court denied an appeal against an appellate court’s ruling that a traditional Internet download of sound recording does not constitute a public performance of the recorded musical work or the composition under federal copyright law. The Supreme Court denied the appeal without comment. The American Society of Composers, Authors and Publishers (ASCAP) had appealed to the Supreme Court saying the ruling has profound implications for the nation’s music industry, costing its songwriter members tens of millions of dollars in potential royalties each year. The federal government opposed the appeal and U.S. Solicitor General Donald Verrilli said that the ruling by appeals court and the court of first instance was correct and comported with common understanding and sound copyright policy. ASCAP argued that digital downloads were also public performances for which the copyright owners must be compensated. But a federal judge and the appeals court rejected that argument. At issue was a section of the Copyright Act stating that to perform a work means to recite, render, play, dance or act it either directly or by means of any device or process with appeals…

Beyoncé accused of copying in choreography row!
Copyright / November 2011

COPYRIGHT Artists Beyoncé has been accused of copying the choreography of Belgian choreographer Anne Teresa De Keersmaeker for the video to her new track ‘Countdown’  after a number of people noted online the /similarities between the Beyoncé promo and two of her dance pieces  ‘Achterland’ and ‘Rosas danst Rosas’. While admitting she and Beyoncé viewed a number of existing dance pieces before devising the ‘Countdown’, the video’s co-director Adria Petty (who had previously said how she borrowed inspiration for various European dances) insists that the overall choreography of the promo is original. Speaking to MTV, she said and her Beyoncé’s team significantly developed any specific elements taken from other pieces, while adding that “German modern-dance references” were actually the greatest influence saying “I brought Beyoncé a number or references and we picked some out together. Most were German modern dance references, believe it or not,” she said. “Go compare” at