INFORMATION FOR READERS:
This resource aims to give a brief overview of developments in Intellectual Property law and other areas of law relevant to the music and entertainment industries. Each item is categorised according to relevant areas of the music or entertainment business, and by the date of uploading. Uploads are undertaken regularly and are organised on a monthly basis. These updates are designed to give general information for music and entertainment industry professionals and students interested in these areas. These Law Updates are not law reports or detailed references. Users who would like further information should research the relevant area thoroughly. Relevant references and links are therefore provided.
Law Updates also provides hyperlinks to other sites which may be of use or interest to legal professionals, academics, students and those involved in the music industry. These are provided at the end of Music Law Updates Archive under 'Music Business Law Links'. You will also find all of these links and other hyperlinks on the links page.
This resource is compiled by Ben Challis. Ben is a UK lawyer specialising in entertainment law and a graduate in law from Kings College London and The City University. He also holds the degree of Master of Arts in Mass Communications from the University of Leicester. Ben is a fellow of the Royal Society of Arts. Ben acts as General Counsel for 3A Entertainments, one of the UK's leading concert promoters, and is Executive Producer for television of the Glastonbury Festival. Glastonbury is the UK's leading music and arts festival attended by over 150,000 people. For Glastonbury, Ben combines the role of managing the Festival's broadcast and other media rights alongside acting as General Counsel for the Festival. Ben's other clients have included the Prince's Trust, the Granada Media Group, Pioneer LDCE and British Telecom. Ben regularly writes articles and other material on music business and intellectual property law, contributes to books and is a regular conference speaker in particular on the live music industry. Ben sits as a magistrate in Cumbria, England.
We are interested in your views on the Law Updates resource. Please forward any comments to : musiclaw01@aol.com
(Simply click the underlined monthly heading to access previous Law Updates)
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COPYRIGHT: Potter Lexicon binned in victory for Rowling
DEFAMATION: So Def chief Dupri and Daz Dillinger face defamation claim
COPYRIGHT: ARTICLE LINKS – updates on copyright and music in the US
COPYRIGHT: ARTICLE LINK: Payola – could an old idea save online radio and the music industry?
COPYRIGHT: UK CD Pirate jailed for three years
COPYRIGHT: ARTICLE LINK: China’s nonstop music machine
CENSORSHIP & POLICY: Is music policed and controlled?
COPYRIGHT: New trial ordered in Jammie Thomas case
COPYRIGHT: ARTICLE: Nokia takes a bite out of Apple as the west finally catches up
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COPYRIGHT: German Collection society cannot licence ‘Grand Right’ in scenes from Disney musicals File no.: I ZR 204/05
COPYRIGHT: India ’s PPL cannot litigate in respect of unauthorised performances
COPYRIGHT: ARTICLE LINK: Copyright; locks, levies, lawsuits or licensing?
COPYRIGHT: Collection societies break ranks on pan-Eurpean licensing
COPYRIGHT: Australian customs to search for illegal music on iPods
COPYRIGHT: MediaSat take on YouTube
COPYRIGHT: New US bill to clamp down on campus piracy
TRADE MARK: 2006 Fifa trademarks cancelled for lack of distinctive character: OHIM Cases R 1466/2005-1, R 1467/2005-1, R 1468/2005-1, R 1469/2005-1 and R 1470/2005-1. All
COPYRIGHT: ARTICLE LINK: Girl talk album prompts music sampling debate
DEFAMATION: Online insults were slander not libel Smith v ADVFN & Others [2008] All ER (D) 335
COPYRIGHT: US federal court enforces copyright in open source software Jacobsen v Katzer 2008-1001
COPYRIGHT / IMAGE RIGHTS: McCain fried? Campaigning senator upsets Paris and Jackson
COPYRIGHT: Atlantic v Andersen draws to a sorry close for the RIAA
COPYRIGHT: UK IPO calls for comments on penalties for Copyright Infringement
COPYRIGHT: First filesharing judgment for UK gamer as gaming industry gets tough
COPYRIGHT: US games pirate fined
COPYRIGHT: RIAA close down Muxtape
COPYRIGHT: Prince v Dancing Baby - First round to Mother in the YouTube case
COPYRIGHT: Pirate Bay to fight Italian ban
LICENSING / HEALTH & SAFETY: Police Licensing Act objections force Moonfest cancellation
LICENSING: Police investigate cheeky buttock act in Keswick
TRADE MARK / CONTRACT: Use of Doors name needs all band members to agree – dead or alive
COPYRIGHT: EFF urges US Copyright Office to fix digital music mess – but carefully
COPYRIGHT: EU proposes a 95 year term for copyright in performers rights and sound recordings
COPYRIGHT / COMPETITION: Satellite TV case to go to ECJ
COMPETITION: Competition inquiry delays UK broadcasters’ online platform
COPYRIGHT/CONTRACT: Ticketmaster win case against queue jump technology provider
CONTRACT/COPYRIGHT: BPI confirms internet service providers will warn filesharers
COPYRIGHT: BPI release new revenue statistics
COPYRIGHT: Consultation on copyright exemptions for public performance of music
COPYRIGHT: McFly DIY – is there now a new way forward?
COMPETITION / COPYRIGHT: European Commissioners look at business practices and consumer rights
COMPETITION: European Court overrules Court of First instance on annulment of Sony-BMG merger
COMPETITION: Big Life Music sale cleared
LICENSING: Loud reggae nights lead to criminal conviction
LICENSING: ARTICLE LINK – A new effort to end the New York ‘Dance Police’
LICENSING: New Licensing Act simply extends trouble later into the night
LICENSING: High Court refuses to review Magistrates’ decision to refuse a lapdance licence
LICENSING: Select Committee announce Licensing Act inquiry
LICENSING: Facebook party forces potential alcohol ban at beach resort
TRADE MARK: Drifters victory over former band members, tour, tour manager and agent
COPYRIGHT / PRIVACY: Google ordered to hand over YouTube logs in Viacom litigation
COPYRIGHT: Mum turns on Prince over YouTube takedown
TRADE MARK: US court finds that eBay is not liable for counterfeits sold on it’s site
BROADCASTING: Court throws out Janet Jackson wardrobe malfunction fine
COPYRIGHT: FBI Interview Guns n Roses blogger
PRIVACY: Mosley beats the World! Max Mosley wins record damages in privacy case: Mosley v News Group Newspapers Ltd (2008) EWHC 1777 (QB)
DEFAMATION / PRIVACY: High Court awards £22,000 for victim of Facebook slur
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COPYRIGHT: European Commissioner calls for debate on format shifting
COPYRIGHT: Belgian newspapers bring second action against Google
TRADE MARK: French courts holds eBay liable for sale of counterfeit goods
COPYRIGHT: Canada launches new copyright bill
COPYRIGHT: “Fair Use” of Unlicensed Film Music: Premise Media v Lennon
COPYRIGHT: Culture Secretary open to “extending the term”
COPYRIGHT: Virgin warns internet users to respect copyright
COPYRIGHT: UK collection society extends remit to commissioned music
COPYRIGHT: China sets up karaoke copyright collection system
COPYRIGHT: London DJ arrested over leaked albums
COPYRIGHT: US first sale doctrine does apply to promo copies
COPYRIGHT: LINK Paper: The Continuing Vitality of Music Performance Rights Organizations
CONTRACT: Doyle and McPhail lose boy band Busted battle
CONTRACT: Hawthorne Heights agree to Victory album
CONTRACT: Crue sue manager number two
CONTRACT: Atlantic and the Stone Temple Pilots go to court
LICENSING: Licensing concerns expressed at public meeting
LICENSING / PLANNING: Change of use allowed despite noise concerns
COPYRIGHT: British ONiK users arrested for illegal downloading
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CONTRACT: Court of Appeal calls time in Quo battle: L ancaster and another v Handle Artists Management Ltd [2008] All ER (D) 308 (Apr)
COPYRIGHT: ARTICLE LINK: RIAA sues Project Playlist / record labels take aim at “clever” sharing operation
COPYRIGHT: IFPI launch copyright education project
COPYRIGHT: Arizona court takes a narrow view on P2P file swapping (Atlantic v Howell)
COPYRIGHT: Jammie Thomas conviction to go back to court
TRADE MARK: Myspace domain can be kept by original owner
COPYRIGHT / PRIVACY: MySpace wins $230 million from spammers
COPYRIGHT: ARTICLE link: AOL, Real, Yahoo must pay millions in outstanding music royalties
PRIVACY / CONFIDENCE: The cat is out of the bag - so Max Mosley fails to gag News of the World
PRIVACY: David Murray (by his litigation friends Neil Murray and Joanne Murray) v Big Pictures (UK) Ltd [2008] EWCA Civ 446
FREEDOM OF INFORMATION: A novel way to produce a promo video
COPYRIGHT: AIM launch manifesto for copyright in the digital age
COPYRIGHT: Chinese search engine fined
COPYRIGHT: Criminal conviction for Brooklyn music infringe
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COPYRIGHT: Court of Appeal allow appeal against Procul Harum organist Brooker Onward Music v Fisher [2008] EWCA Civ 287
COPYRIGHT: The new PACT-MCPS Independent Production Company (IPC) Licence
COPYRIGHT: ARTICLE LINK Warner Music’s Tune of Folly
COPYRIGHT: ARTICLE New data law could benefit music pirates
COPYRIGHT: Universal brief says throwing away promotional CDs is “piracy”
COPYRIGHT: Bollywood filmmaker pays up for plagiarised song
COPYRIGHT: The music industry responds to the Gowers report
COPYRIGHT: Australian police bust music piracy ring
TRADE MARK: Zappa Estate take on Zappanale Festival
TRADE MARK:
ARTICLE "Mr Spicy" trade mark case clarifies law on keyword advertising
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COPYRIGHT: Four guilty of CD piracy
COPYRIGHT: Irish labels take on Eircom
COPYRIGHT: Market owners prosecuted for allowing the sale of counterfeit goods
COPYRIGHT: Baidu faces fresh legal challenge in China
TRADE MARK: Beach Boys settle dispute over name
COPYRIGHT: Copyright Tribunal reforms proposed
COPYRIGHT / CONTRACT: Apple Corp to take action over Hamburg tapes
CONTRACT: Pumpkins to sue EMI/Virgin over Pepsi Stuff promotion
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COPYRIGHT: Has Italy legalised P2P file sharing?
COPYRIGHT: Productores de Música de España (Promusicae) v Telefónica de España C275/06
COPYRIGHT: Good news for the labels as the UK follows France in looking to ISPs
COPYRIGHT: The Recording Industry steps up their campaign against piracy in China
COPYRIGHT: Pirate Bay blocked in Denmark
COPYRIGHT: Microsoft survey on copyright theft points to need to educate
COPYRIGHT: ARTICLE: The future’s bright, the future’s free
COPYRIGHT: France backs term extension for sound recordings
COPYRIGHT: Now Scotland pushes for term extension independence
COPYRIGHT: EU proposes extending the term for sound recordings
HEALTH & SAFETY: Clear Channel in multi million dollar settlement over Great White Tragedy
EMPLOYMENT: French love attracts labour laws
CONTRACTS: Universal faces royalty dispute
CONTRACT: Busted case finally makes it to court
COPYRIGHT, LICENSING: Medianet repond to publisher’s lawsuit
CONTRACT: Fleetwood loses claim for BBC masters
COMPETITION: ARTICLE LINK Visions of an online cartel
COPYRIGHT, PATENTS, TRADE MARK: ARTICLE LINK: WTO legalizes piracy in Antigua
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CONTRACT: Experience Hendrix LLC and another v Times Newspapers Ltd
COPYRIGHT: US Uproar as RIAA says that copying your own CDs is stealing – or does it …
COPYRIGHT: ARTICLE LINK - Interview with a Vampire, the RIAA speaks
COPYRIGHT: ARTICLE LINK – Canadian labels – we get absolutely zero credit for not suing fans
COPYRIGHT: Proposals in UK to make CD copying legal as both UK Government and the EC look to make copyright law ‘fit’ for the digital age as Swedish MPs go even further
COPYRIGHT: Seventy years on from some notable deaths, there are famous works coming into the public domain
COPYRIGHT: Shop’s face higher PRS rates
COMPETITION: Apple to harmonise European iTunes pricing
COPYRIGHT / TRADE MARK: ARTICLE LINK: Tribute bands zapped
COPYRIGHT: Canadian Court Overturns ‘iPod Tax’ in Apple Canada Inc. and Canadian Private Collective, A-369-07. Federal Court of Appeal ( Ottawa).
COPYRIGHT: Article: US Court Recognises Existence of a “Sync Right”: Leadsinger v BMG Music
COPYRIGHT: Polish police smash organised crime operation
COPYRIGHT: ARTICLE : Warner Music to sue MP3 Search Engine in US
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COPYRIGHT: ARTICLE LINK – How long should copyright last? By Victor Keegan
COMPETITION: It’s not all good news for the labels as Limewire’s defence is thrown out
CONTRACT: High School Musical star’s claim to avoid contract signed as a minor goes to trial
COMPETITION: Live industry promotes self regulation for ticketing
LICENSING: UK Government responds on Licensing Act problems
MEDIA: DJ sentenced to 10 months in prison for illegal broadcasting
COMPETITION: EC says collection society guidelines will remain voluntary
COMPETITION: EU not planning to regulate online music markets
COPYRIGHT: RIAA and MPAA top ‘worst corporations’ list as new copyright legislation is proposed
COPYRIGHT: ARTICLE LINK – in defence of the artist’s rights to get paid
COPYRIGHT: Thailand moves to amend copyright legislation
COPYRIGHT: ARTICLE LINK : Final Blow to File Sharing? Japan's Government to Revise Copyright Law
COPYRIGHT: Beijing Court confirms Yahoo’s music service infringes copyright law
TRADE MARK / IMAGE RIGHTS: Governor Schwarzenegger Signs Law Clarifying Posthumous Right of Publicity Statute
TRADE MARK: Four Tops win injunction and a most unusual order
TRADE MARK / IMAGE RIGHTS: Bands sue over Rolling Stone magazine cartoon feature
COPYRIGHT / COMPETITION: Sky TV case reaches half time in High Court
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COPYRIGHT: Canadian study says that illegal downloading promotes music sales
COPYRIGHT: Is ‘value recognition’ on the turntable?
COMPETITION: Clear Channel to face anti-trust action
COMPETITION: Just when you thought the Sony-BMG merger debate was all over …
COMPETITION: OFT explain V2 approval
COPYRIGHT: Ukrainian file swap site fined and shut down
COPYRIGHT: OiNK owner trots out his defences
COPYRIGHT: RIAA file swapper case fails due to insufficient evidence
COPYRIGHT: France to instigate new penalties agains downloaders
COMPETITION: ARTICLE LINKS iPhone lock-ins challenged – Vodafone wins round agains iPhine in Germany
COMPETITION: Japanese trio fined E70 million for tape price fixing cartel
COPYRIGHT: ARTICLE LINK: Music Rights Regime Needs Updated, Should Embrace New technologies
COPYRIGHT: ARTICLE LINK Copyright law offers poor protection for aboriginal cultural property
TRADE MARK: Tarzan yell cannot be registered as a trade mark
TRADE MARK: MTV v MTV – TV stations fight for same name in Hungary
TRADE MARK: ARTICLE: Book Titles and Trade Marks
COPYRIGHT, TRADE MARK: Upholstery use prompts Britney action
TRADE MARK: Red hot stuff as Californication dispute heads for the courts
COPYRIGHT: Four Italian illegal music file-swappers face fines of €12 million
COPYRIGHT: Indian Label gets order against YouTube
COPYRIGHT: IFPI puts pressure in Yahoo’s China services
COPYRIGHT: New Bill to make US Universities police net
LICENSING: Bond girls parties do not fall foul of Licensing Act
CONTRACT: New contract dispute for Hawthorne Heights
CONTRACT: Meatloaf fans seeks compensation for cut-short show
CONTRACT: Hannah Montana fan club member sues over implied ticket promise
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COMPETITION: BMG-Sony merger re-approved as AIM questions Universal’s label acquisitions
COPYRIGHT: RIAA finally gets a filesharing conviction in the US
COPYRIGHT: Radiohead and Charlatans ‘give away’ albums: the end of the label (for some)?
COPYRIGHT: Swiss parliament approves downloading for ‘personal use’
TRADE MARK: UK Trade Mark Law Changes
COPYRIGHT: ARTICLE Link – the most illegal album ever?
COPYRIGHT: PRS bring lawsuit over garage radios
COPYRIGHT: Wu Tang Clan get Beatle’s ‘sample’
CONTRACT: Genuwine litigates to get out of ‘fraudulent’ contract
CONTRACT: Does Diddy owe on a Biggie debt?
COPYRIGHT: Italian police take fileshare action
HEALTH & SAFETY / LICENSING: New neighbours object to live music venue
COPYRIGHT: Brooker to appeal Whiter Shade of Pale judgment
COMPETITION: Ticketmaster seek to block automated access by secondary retailer
TRADE MARK / IMAGE RIGHTS: ARTICLE LINK: Celebrity image rights can now be inherited in California
COPYRIGHT: Indian religious festival falls foul of Potter magic
EDUCATION: An inconvenient judgment against Al Gore
COPYRIGHT: Record labels clamp down on student downloading in USA and Taiwan
COPYRIGHT: Canadian Copyright Board rule on download royalties
DEFAMATION: Football fans may face claim
TRADE MARK:
Pirates board IFPI
COPYRIGHT: Google missing from copyright pact
COPYRIGHT: FACT close down tv-links wesbite
CONTRACT: Nugent loses appeal over concert cancellation
COMPETITION: Judgment of the Court of First Instance in Case T-201/04,
Microsoft Corp. v Commission of the European Communities
COPYRIGHT: Oink shut down in British and Dutch raids
COPYRIGHT: ARTICLE: ‘Brega’ Sound turning music industry on its ear
DAVID KENT: Tribute
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COPYRIGHT: ARTICLE: US Copyright bringing new meaning to ‘long arm of the law’
COPYRIGHT: US court rules that ‘making available’ files for downloading is infringement; Atlantic v Howell
COPYRIGHT: Bertelsmann settle final Napster claim
COPYRIGHT: ARTICLE : Court challenge to US copyright term extension
COPYRIGHT: Zimbabwe pirates avoid prosecution
TRADE MARK: ARTICLE LINK Oldies groups go to court to challenge 'truth in music' law but promoter held in contempt for using Drifters name LICENSING:
Licensing Act criticised by Local Authority
COPYRIGHT: Amy Winehouse settles songwriting claim
CONTRACT: Ex Snow Patrol bassist brings legal action
COPYRIGHT: Dutch close DVD pirate plant
COPYRIGHT: In the Wild West of the Internet, Prince calls in the sheriff
COMPETITION: Microsoft Corp. v Commission of the European Communities
COPYRIGHT: eDonkey servers taken offline
COPYRIGHT: Germany makes personal copying illegal
COPYRIGHT: ARTICLE: will radio income save the labels?
COPYRIGHT: ARTICLE: Premier League wants law to tighten defences
TRADE MARK: ARTICLE: New Nominet Consultation On An Important Change To Its Dispute Resolution Service
TRADE MARK: ARTICLE: New United Kingdom Intellectual Property Office Rules Affect Owners Of European Community And Certain International Trademark Applications And Registrations
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COPYRIGHT: Zeppelin bootlegger pleads guilty R v Langley
COPYRIGHT: AllofMP3 director found not guilty of copyright infringement
COPYRIGHT: German Court says privacy more important than ‘petty’ file swapping crimes
COPYRIGHT: Eminen brings action against iTunes
COPYRIGHT: 15 fold increase in nightclub levy heads for Australian courts
PATENT: Apple wins important victory in patent claim
COPYRIGHT: More join infringement class action against YouTube and Google
COMPETITION: RIAA spend $658,000 on lobbying but should Sound Exchange be ‘lobbying’ at all?
COPYRIGHT: Online CD Seller Fights Universal's Infringement Allegations
COPYRIGHT: RIAA hits major opposition in fight against campus piracy
COPYRIGHT: New Zealand to legislate for music private use exemption
COPYRIGHT: Market owners found liable for pirate DVDs and CDs sold on their site
COPYRIGHT: Music Piracy costs US economy $12.5 billion annually
COPYRIGHT: Big fine for Baltic pressing plant
COPYRIGHT: New session fee structure for advertising industry
COPYRIGHT: Sound Exchange settles new rates with webcasters
TRADE MARK: New York signs off on ‘Truth In Music’ law
COPYRIGHT: US broadcasters fall silent for a day
COPYRIGHT: As ALLOFMP3 finally goes ….. a ‘new’ site opens
COPYRIGHT:IFPI hails Court ruling that Belgian ISPs must filter illegal content
COPYRIGHT: DRM debacle continues to claim scalps
COPYRIGHT: Swiss implement MP3 levy
COPYRIGHT: Telecom data not available to copyright groups in civil action : Productores de Música de España v Telefónica de España SAU
LICENSING: George Michael gets Wembley over-run fine
LICENSING: Magistrates can attach conditions on appeal Crawley Borough Council v Attenborough [2006] EWHC 1278 (Admin) 171 JP 69
LICENCING: Fudge bar overcomes West End blanket ban
LICENSING: Small-scale concerts are being put at risk by new licensing laws, according to a government-backed group.
LICENSING: Cumbrian pubs and venues forced to operate illegally due to council delays
LICENSING: Figures show l that late night drinking changes lead to small rises in violence, injury and drink-driving but drink related injuries rise rapidly
LICENSING: Brecon Jazz Festival mourns the loss of street gigs
COPYRIGHT: UK Copyright Tribunal endorses online rate for songwriters
COPYRIGHT: Avril Lavigne faces new plagiarism claims
COPYRIGHT: James Blunt faces claim against songs
COMPETITION: Does China discriminate against foreign copyrights?
COPYRIGHT: RIAA adds 23 more colleges to hit list but admits that law suits are not the only answer
COPYRIGHT: 2 year sentence not excessive R v Blower (aka Robinson) [2007] EWCA Crim 1775
TRADE MARK: Dykes on Bikes ride on in USA
TRADE MARK: Another US state legislates for ‘the real thing’
CONTRACT: ARTICLE LINK : US appeal court overturn Rod Stewart cancellation case: Rod Stewart’s agent, lawyer win appeal
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COMPETITION LAW: European Commission finally reopens Sony BMG review
COPYRIGHT: Swedish file sharer’s fine upheld
COPYRIGHT:
Australia - High Court confirms deep-linking is illegal
COPYRIGHT: UK politicians see need to ‘extend the term’
COPYRIGHT: UK recorded music industry awarded substantial damages against CD Wow
COPYRIGHT: ARTICLE LINK: US 9 th Circuit reverses the District Court’s decision in Google v Perfect 10
TRADE MARK: Foley says relax
TRADE MARK: ARTICLE LINK Rockbass not valid trade mark
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COPYRIGHT: The Crimea decide to give away their new album!
COPYRIGHT: Launchcast service is a radio service
PRIVACY / CONFIDENCE: House of Lords finally decide Douglas & Others v. Hello! Ltd & Others [2007] UKHL 21
COPYRIGHT: New laws prevent sale of second hand CDs in US
COPYRIGHT: IFPI announce two new cross border licensing schemes
COPYRIGHT: allofMP3 scheme voucher scheme scuppered in UK
COPYRIGHT: New early day motion puts sound recording copyright term back in debate
COPYRIGHT: AIM and UK Podcast Association agree UK’s First Full Track Multi-Label Licence
TRADE MARK: ARTICLE LINK: Trade marks vs free speech
COMPETITION: Universal / BMG Music tie up approved by European Regulators as Warners look at EMI
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COPYRIGHT: Custodial sentences for family counterfeiting business
COPYRIGHT: ARTICLE LINK: Fair Use It or Lose It - Copyright owners’ threats erode free expression
COPYRIGHT: ARTICLE LINK: The Impact of the Groskster decision on file sharing
COPYRIGHT: ARTICLE LINK – Are Songwriters double dipping? By Steve Gordon
MEDIA LAW: ARTICLE LINK Trespass - An Ancient Legal Doctrine Gains Traction In Cyberspace
HEALTH & SAFETY / LICENSING: ARTICLE LINK – Ticket Touting – the Great Rock & Roll Swindle
TRADE MARK / IMAGE RIGHTS: Beach Boys lose case to reclaim memorabilia
COPYRIGHT: US webcasters fail to have new royalty rate overturned
COPYRIGHT: RIAA v Santangelo rolls on
COPYRIGHT: MPS v Murphy: The legality of pubs using foreign satellite signal goes to the High Court
CONTRACT: Busted bust up still a dust up
COPYRIGHT: Yahoo! China must remove links to illegal websites
COPYRIGHT: AIM to challenge suggested private copying right
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COPYRIGHT:Joyce Hatto mystery solved
PATENT LAW: Patent decision may be critical to download market
COPYRIGHT: ARTICLE LINK: MEPs want EU law for online music
TRADE MARK: Queen protect mark against new application
TRADE MARK: Did he? He did, didn’t he? Richard Dearlove (trading and professionally known as "Diddy") v Sean Combs (trading and professionally known as "Sean 'Puffy' Combs", Puffy" and "P. Diddy") [2007] EWHC 375 (Ch).
TRADEMARK / CONTRACT: Heritage band name dispute drifts towards the High Court
CONTRACT: ARTICLE Ongoing Management Commission gets Seal of Approval : Wadlow v Samuel
COPYRIGHT: ARTICLE LINK The top 10 ways copyright law can ruin your transaction
COMPETITION: EC to investigate Sony-BMG merger
COMPETITION LAW: US radio stations settle with FCC in payola scandal
COPYRIGHT: IFPI to sue Yahoo! China
COPYRIGHT: Viacom launches infringement lawsuit against YouTube
COPYRIGHT: Article Link: Who owns the live music of days gone by?
COPYRIGHT: Jones sues over the release of 1981 TV soundtracks as CDs
COPYRIGHT: Music streaming rates rise in the US
COPYRIGHT: Court of Appeal confirms the decision of Kitchen J in Nova Productions Ltd v Mazooma Games Ltd; Nova Productions Ltd v Bell Fruit Games Ltd[2007] EWCA Civ 219
COPYRIGHT: Court of Appeal dismisses appeal in Baigent & Leigh v Random House Group Limited[ 2007] EWCA Civ 247
COPYRIGHT: ARTICLE LINK: CDWow! loses parallel importing case
COPYRIGHT: Italian Court imposes heavy sentences for organised piracy
COPYRIGHT: MPS v Murphy : The Greek Nova TV signal is held to be a UK broadcast - so a publican IS guilty of infringement by showing English football without paying Sky
COPYRIGHT:New powers for Trading Standards in copyright infringement
MEDIA: ARTICLE LINK London Olympic Act 2006
COPYRIGHT:
ARTICLE LINK: DCMA Architect lambasts music moguls
CONTRACT: Its no knickers – Dame Kiri wins cancellation case
TRADE MARK: Apple Computers and Apple Corp end two decades of litigation
IMAGE RIGHTS: Tom Waits reaches settlement over German car
COPYRIGHT: EMI signs as streaming deal with AOL, Warners ties up with Last.FM , Viacom takes on YouTube and JASRAC are still not best pleased!
COPYRIGHT: Jobs calls for an end to DRM
COPYRIGHT: Russian Court rules that music download sites are illegal
COPYRIGHT: Google’s use of news excepts ruled illegal in Belgium
DATA PROTECTION & PRIVACY: ARTICLE LINK UK Enforcement Steps Up A Gear
COPYRIGHT: BPI take further action against CD Wow
COPYRIGHT: West Coast copyright owners lost $5.2 billion in 2005 to piracy
TRADE MARK: ARTICLE LINK Domain Name Disputes - The Battle Is Joined
COPYRIGHT: ARTICLE Does Sky have an enforceable a monopoly on live premiership football in the UK? (FACT v Gannon, MPS v Murphy)
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COMPETITION: Apple fails to have US anti-trust suit dismissed and Sony lose interoperability case in France
COMPETITION: Norway rules that Apple DRM is illegal
PRIVACY: CASE LINK HRH Prince of Wales v Associated Newspapers Ltd [2006] EWCA Civ 1776
COPYRIGHT: Has Podcasting come of legal age?
COPYRIGHT: Dutch Court orders ISP to hand over site owner’s identity
COPYRIGHT: French labels join majors in suing AllofMP3.com
COPYRIGHT: EMI drop Chinese appeal and agree to work with Baidu
COPYRIGHT: ARTICLE LINK: Changes to Canadian copyright law are imminent – but will they protect the end user?
TRADE MARK: ARTICLE LINK: ECHR says TM applications are "property"
COPYRIGHT: PERFORM Act reintroduced in US to implement widespread DRM broadcast obligations
CONTRACT: Victory Records expand Hawthorne Heights litigation
COPYRIGHT: IFPI Digital Music Report 2007 published
LICENSING: New guidelines on licensing live music published
COMPETITION:The Competition Commission’s final report into the London venue market is published
COMPETITION: Entercom settles with Spitzer
COPYRIGHT: Italian Court rules that P2P is not a crime if not for profit
DEFAMATION: ARTICLE LINK Court Holds That ISPs Are Not Liable For Objectionable User Content, Even When Criminal Laws Are Violated
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COPYRIGHT: LINK: The Gower’s Review on intellectual property
COPYRIGHT: New Zealand copyright bill reaches parliament
COMPETITION: Hamsard 2786 Ltd / Academy Music Holdings Ltd
COMPETITION: EC to investigate Universal – BMG music publishing tie up
COMPETITION: EMI and UMG settle on Napster
COPYRIGHT: US mechanical rights agency withdraws streaming licence from Musicnet – but do they actually need it?
COPYRIGHT: ARTICLE LINK Electronics makers furious as EU stalls plan to end levies on iPods and discs
MEDIA: China impose tight rules for digital music distribution
COPYRIGHT: China needs to develop mechanisms to collect broadcast royalties
COPYRIGHT: Liability for links site for operator and ISP host upheld in Australia
COPYRIGHT / DEFAMATION: ARTICLE LINK – US Web site providers can take a deep breath!
COPYRIGHT: PPL victory over unlicensed pub
TRADE MARK / DOMAIN NAMES: ARTICLE LINK: Two home wins for Wayne Rooney
TRADE MARK /IMAGE RIGHTS: Knievel takes exception to Kanyevel
TRADE MARK / IMAGE RIGHTS: The Last Emperor’s image rights cannot be owned
PRIVACY: As a ‘famous sportsman’ has his right to privacy upheld, the Court of Appeal confirm a right of privacy in Niema Ash v Loreena McKennitt and Prince Charles keeps his journals private.
COPYRIGHT: Fisher wins 40% of future earnings from ‘A Whiter Shade of Pale’
COPYRIGHT: Majors to take action against allofMP3.com
COPYRIGHT: ARTICLE: Judge refuses to bow to peer pressure Peer v Editoria Musical de Cuba
IMAGE RIGHTS: ARTICLE – The Right Image
COPYRIGHT: Digital Freedom Campaign launches to fierce copyright industry opposition
COPYRIGHT: ARTICLE LINK: The Legal Smack Down On Music Sampling: Is The Age Of Hip Hop Over?
COPYRIGHT: Publisher’s plagiarism claim against 50 Cent fails
TRADE MARK: ARTICLE LINK - A case of look-alikes and smell-alikes: L’Oreal v Bellure (2006)
TRADE MARK: Buffet fights online merchandisers
COPYRIGHT: Kazaa settles with US music publishing industry
COPYRIGHT: Spanish Court finds private downloading legal
COPYRIGHT: ARTICLE LINK – Australian copyright law limps into the digital age
COPYRIGHT: IFPI Knocked by Chinese decision
COPYRIGHT: New rules for illegal downloading in Germany
COPYRIGHT: No deal – so Universal take on MySpace
COPYRIGHT: IFPI responds to European piracy rulings
HEALTH & SAFETY: ARTICLE LINK: Will safety law kill clubs? Seattle club owners fear sprinkler rule is one business cost too many
HEALTH & SAFETY / LICENSING: The UK’s new Licensing Act rings in the changes
PATENTS: The rules for patents for computer software examined in Aerotel v Telco (2006)
COMPETITION: Vivendi’s purchase of BMG Music clears first regulatory hurdle
CONTRACT: ARTICLE Sports agents are ‘less essential’ than Artist Managers Proform v Proactive
COPYRIGHT: The courts must decide who actually wrote A Whiter Shade of Pale
COPYRIGHT: New survey says public 'support' extending the copyright term in sound recordings
TRADE MARK /COPYRIGHT: BPI welcome successes against CD and DVD pirates
COPYRIGHT: ARTICLE LINK The End User: When it comes to digital hardware, copyright levies are a taxing debate
COPYRIGHT: New exceptions to DCMA anti-circumvention rules
DEFAMATION: 60s pop star wins libel settlement
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COPYRIGHT / COMPETITION: Limewire files countersuit against major labels alleging anti-trust violations
COPYRIGHT: ARTICLE LINK: House Panel Tackles Piracy
COPYRIGHT: ARTICLE LINK: Streamcast found liable for copyright infringement in the USA
COPYRIGHT: British Library voices concerns over copyright law
COPYRIGHT: ASMEC Forum highlights problems in online licensing
COPYRIGHT: INTERVIEW LINK – New royalty models for online services
COPYRIGHT: Plagiarism case against Beyonce fails
COPYRIGHT: IFPI continue actions against file swappers
COPYRIGHT: Google snaps up Youtube for $1.65 billion
COMPETITION: ARTICLE LINK United States v Google? As it buys YouTube, does Google now have market dominance?
COMPETITION: Sony and BMG to appeal the annulment of their merger by the European Court
COMPETITION: CBS makes peace with Spitzer
COPYRIGHT / COMPETITION: US Copyright Office agitates publishers over statutory licences for ringtones
TRADEMARK: Court Rules Google's use of trademarks as keywords is non-infringing
HEALTH & SAFETY: Public house fined for unlicensed door staff
TAXATION: FKP Scorpio Konzertproduction Gmbh v Finanzamt Hamburg-Eimsbüttel ECJ C290-04
TAXATION: Centro di Musicologia Walter Stauffer v Finanzamt München für Körperschaften ECJ C386-04
TAXATION: Centro Equestro de Leziria Grande Lda ECJ C345-04
TAXATION: US tightens up on non-resident taxation
TAXATION:
UK opera house wins major tax victory
TAXATION:
Bournemouth Symphony Orchestra v Revenue and Customs Commissioners (2006) EWCA Civ 1281
TAXATION: ARTICLE: Dutch taxation of nonresident artists & athletes to end
TRADE MARK: Macca applies for trade mark
TRADE MARK: Rooney gets back domain name
DEFAMATION:
ARTICLE : Jameel - a victory for responsible journalism
-----------------------------------------------------------------------------------------------------------------------
COPYRIGHT: MPA goes after fan guitar sites
TRADE MARK:P Diddy settles with DJ Diddy
TRADE MARK: US reality show band have problems with name
TRADEMARK: Setback for Love in Beach Boys name dispute
COPYRIGHT: Russia enacts new copyright laws to fight piracy
COPYRIGHT: What will Universal do about YouTube now Warners have joined up?
COPYRIGHT: Record industry keep up the pressure on illegal downloading
COPYRIGHT: ARTICLE LINK – Consumer groups and satellite radio stations lobby on US copyright amendments
COMPETITION: ARTICLE LINK: US Anti-trust chief takes hands off approach to Apple
COPYRIGHT: European Commission to review copyright levies
COPYRIGHT: MCPS-PRS challenge basis of eMusic’s pan-European licence
COPYRIGHT: SoundExchange list unpaid artists
MEDIA: Islamic Courts ban western music in Somalia
MEDIA:Buckcherry accused of featuring a minor in video
COPYRIGHT:
Kazaa settles with major labels, AllofMP3 faces action and Limewire next in line
COPYRIGHT:
US Appeal Court to Consider Internet Copyright Infringement Issues in deep-linking case
INSOLVENCY / COPYRIGHT: ARTICLE LINK: Intellectual Property licensing issues in bankruptcy or insolvency
COPYRIGHT: ARTICLE LINK: statutory radio broadcast royalties in the USA
COPYRIGHT: ARTICLE LINK: details of Professor Lawrence Lessig’s presentation on copyright and other intellectual property rights in the digital age
COPYRIGHT: Billy’s protests lead to MySpace and Bebo rule changes
PATENTS: Apple settle with Creative over patent use in iPods
-----------------------------------------------------------------------------------------------------------------------
COMPETION: ARTICLE The European Court annuls the European Commission’s approval of the Sony BMG merger Case T464/04 Independent Music Publishers and Labels Association v Commission of the European Community
COPYRIGHT: New French law manages to antagonise everyone - consumer groups, online retailers and rights owners.
TRADE MARK: French court bars Google from selling trade marks as adwords
CONTRACT: ARTICLE: Seal ordered to pay commission to ex-manager Wadlow v Samuel pka Seal (2006)
COPYRIGHT: New piracy laws come into force in China
COPYRIGHT: Music Industry Group proposes digital age copyright reforms
COPYRIGHT: ARTICLE LINK: Canadian anti-DRM coalition makes timely debut
COPYRIGHT: ARTICLE LINK: Hilary Rosen: Singing a new Song?
COPYRIGHT: BPI asks broadband operators to police file swapping
COPYRIGHT: Russian court find in favour of labels in piracy case
COPYRIGHT: RIAA loose infringement case as defendant requires details of alleged infringements
COPYRIGHT: ARTICLE LINK Grateful Dead photographs were covered by fair use doctrine
COPYRIGHT / CENSORHSHIP: Commercial Censorship Meets Copyright
HEALTH & SAFETY: New noise penalties are proposed in UK
HEALTH & SAFETY: Tunbridge Forum fights off moshpit claim
-----------------------------------------------------------------------------------------------------------------------
HEALTH & SAFETY / LICENSING: Door staff ‘liability nightmare’ after Court of Appeal’s decision in Hawley v Luminar
COPYRIGHT: West and Ludacris wrap up victory in plagiarism trial
COPYRIGHT: ARTICLE LINK: AllofMP3.com is illegal says music industry
COPYRIGHT:
ARTICLE LINK: The end of peer to peer file swapping
COPYRIGHT:
China begins to clamp down on file swapping
COPYRIGHT: Dutch courts hold deeplink search engine illegal
COPYRIGHT: BPI to tolerate private copying
COMPETITION / COPYRIGHT:
Live music and internet downloads face anti-trust scrutiny in the USA
COMPETITION / COPYRIGHT: APIG announces findings of its public inquiry into Digital Rights Management
COPYRIGHT: SIRA bill set to shake up royalty systems
COPYRIGHT / COMPETITION:
Norway takes a bite out of Apple
COPYRIGHT / COMPETITION:
French legislators to compromise on iTunes
TAXATION:
UK ’s Special Commissioner extends relief for agent’s fees
TAXATION:
US composers to get tax relief on catalogue sales
MEDIA:
Bush signs new decency legislation in the USA
COPYRIGHT / PERFORMERS RIGHTS / CONTRACT:
Bourne and others v Davis (trading as Brandon Davis Publishing)
HEALTH & SAFETY / LICENSING:
Statutory objections to proposed new festival
COPYRIGHT / PATENTS / TRADE MARK:
Europe and US to fight global battle against counterfeit goods
CONTRACT: Seal must pay £1 million to ex-manager
PATENTS:
Skype faces patent threat
-----------------------------------------------------------------------------------------------------------------------
COPYRIGHT: Canadian artists and independent labels lament actions of major labels
COPYRIGHT: EFF warn about new restrictions in ‘PERFORM’ Act
CONTRACT: SonyBMG challenged over digital artist royalty rates
COPYRIGHT: ARTICLE: New Podcast licence unveiled by MCPS-PRS Alliance
HEALTH & SAFETY / LICENSING: ARTICLE LINK: Underage drinkers to target Fife pubs
HEALTH AND SAFETY / LICENSING:
Publicans fear that the Scottish Executive wants unhealthy bar food banned
HEALTH & SAFETY / LICENSING: New licence granted in saturation zone
HEALTH & SAFETY / LICENSING: Mean Fiddler not liable for cost of police presence at Leeds Festival: Reading Festival Limited v West Yorkshire Police Authority [2006] EWCA Civ 524
HEALTH & SAFETY / LICENSING: New booklet explaining the Licensing Act 2003 published
COPYRIGHT: Sampling ‘settlement’ does not preclude ongoing claim
COPYRIGHT: CD Manufacturer liable for piracy from master disc
COPYRIGHT: Australian Government to allow legal copying of consumer’s own collections of music whilst in the UK NCC lobbies for same right.
COPYRIGHT / CONTRACT: Marley bass player loses claim : Aston Barrett v Universal-Island records and Others [2006] EWHC 1009 (Ch)
TRADE MARK / CONTRACT: Apple Computers survive assault from The Beatle’s Apple Corps: Apple Corps Limited v Apple Computer, Inc. (2006) EWHC 996 (Ch)
COPYRIGHT: Music Publishers file class action against online services
COPYRIGHT: ARTICLE LINK - the Sony Rootkit story : Wade Roush asks how the world's second-largest record label, Sony BMG, became one of the world's largest distributors of malware in TR (Technology Review).
TAXATION: ARTICLE Agassi: Game, set and match to the Revenue by Euan Lawson, solicitor
COPYRIGHT: 3500 file swappers targeted in Germany
-----------------------------------------------------------------------------------------------------------------------
COPYRIGHT: Da Vinci Code did not copy
earlier work Baigent & Leigh
v Random House Group Limited EWHC 719 (Ch)
COPYRIGHT: New Hungarian copyright model
is food for thought
COPYRIGHT:
Dutch Court enforce creative commons licence
TRADE
MARK: Confusion Reigns in Conflicting Keyword Internet Search
Cases
COPYRIGHT:
ARTICLE LINK – The Rise of Clip Culture
HEALTH
AND SAFETY:
ARTICLE LINK – the All Ages Dance Ordinance “Initially
Hailed – The
City Dance Law Doesn’t Mean Much These Days”.
HEALTH & SAFETY
/ LICENSING: Illegal doormen and late night takeaways targeted
in UK
HEALTH & SAFETY
/ LICENSING: Punch Taverns has drops plans for a judicial review
against Leeds City Council
HEALTH & SAFETY
/ LICENSING: JD Wetherspoon loses appeal over Guildford pub: Regina
(J D Wetherspoon Plc) v Guildford Bourough Council The Times 14 April 2006
HEALTH & SAFETY
/ LICENSING: Select Committee and Better Regulation Commission
both damn DCMS role in new licensing regime
HEALTH & SAFETY
/ LICENSING: Police bid to defy CPS advice over absent licence-holders
HEALTH & SAFETY
/ LICENSING: Edinburgh Fringe venues fear closure as cost of licences
soar
HEALTH & SAFETY
/ LICENSING: Bombay court lifts ban on bar dancing
HEALTH & SAFETY: Does Top Of The Pops need a licence?
HEALTH & SAFETY
/ LICENSING: Massive Police raid threatens the Fridge’s
future
HEALTH & SAFETY: ARTICLE LINK Testing times for
new clout on licensing
COPYRIGHT: ARTICLE LINK Canadian court happy to enforce
US copyright infringement judgement
COPYRIGHT: ARTICLE LINK Artist re-sale bill introduced
in Australia
CONTRACT
/ TRADE MARK: ARTICLE LINK Apple vs Apple
COPYRIGHT: ARTICLE LINK: Extend the term: Royalty Rights for
Musicians
COPYRIGHT: ARTICLE LINK – the economics of piracy
PATENTS: Apple face new patent claim
PATENTS,
COPYRIGHT: ARTICLE LINK: France shows law-makers how not to intervene
in technology issues
MEDIA: Fort Lauderdale pirate station shut down
COPYRIGHT: EU to propose new piracy laws
COMPETITION
/ COPYRIGHT: Is the EMI/Universal ‘Napster’ litigation
about to backfire on the majors?
COMPETITION / COPYRIGHT: ARTICLE LINK: The ‘unintended
consequences’ of
the DCMA
MEDIA: Mobile television exempt from federal regulation
in Canada
-----------------------------------------------------------------------------------------------------------------------
COPYRIGHT: California tightens up law on
low level copyright infringements
COPYRIGHT: ARTICLE: the
legality of selling pre-loaded music and video iPods
COPYRIGHT: ARTICLE: EXTENDING THE TERM:
should the UK recording industry have new obligations as well as new rights
if the copyright term for sound recordings is extended?
COPYRIGHT: First indictments under the Family
Entertainment and Copyright Act
COPYRIGHT: EFF urges consumers to claim SonyBMG Rootkit settlement
COPYRIGHT:
ARTICLE: application of artist re-sale rights
COPYRIGHT:
TORT:
ARTICLE: Internet Trespass: Measuring and Controlling Internet-Distributed
Advertiser-Funded Content
COPYRIGHT:
New US Bill Would Cripple Digital Radio Devices
COPYRIGHT:
Da Vinci Code litigation poses the age old question in copyright – to
what extent can an ‘idea’ be protected by copyright law
COPYRIGHT:
Massive UK police raid results in 31 arrests
HEALTH
AND SAFETY: Select Committee report damns DCMS role in new licensing
regime
COPYRIGHT & CONFIDENTIALITY: Prince
Charles wins High Court action to protect private diaries
COPYRIGHT: New
German laws criticized by consumer groups
DEFAMATION:
Liability for ISPs: Bunt v Tilly & Others
COPYRIGHT:
Scottish pirate jailed for three years
-----------------------------------------------------------------------------------------------------------------------
COPYRIGHT:
Is selling your pre-loaded iPod on E-bay illegal?
COPYRIGHT
LAW: Moral
Rights Extended To Performers in UK
COPYRIGHT:
AIM invited
to air views on DRM to UK government as indie labels distance themselves
form RIAA actions
COPYRIGHT:
SonyBMG
Rootkit case still rumbles on as SunnComm agrees to the terms of the Electronic
Frontiers Foundation Open Letter
COPYRIGHT: ARTICLE:
Copyright in a video game: Nova Productions v Mazooma (and Bell Fruit)
TRADE
MARK, COPYRIGHT: ARTICLE: French court protects a TV programme
format using passing off laws: Saranga Production v Canal Plus
COPYRIGHT: French
parliament continues moves to legalise file sharing
COPYRIGHT: Spyware
and cookies can trespass: Thomas Kerrins v. Intermix Media, Inc.
COPYRIGHT: Google
caches are fair use of copyrighted material: Field v Google
COPYRIGHT: Google
image search can infringe
COPYRIGHT,
TRADE MARKS: ARTICLE:
Search Engine Marketing & The Law – an Update
PATENT
LAW: Crackberry addicts face their darkest hour as patent war
moves towards a conclusion
PATENT
LAW: EFF
challenge ‘dangerous’ patent
precedent
DEFAMATION: Kate
Moss fails in bid to have recent allegations excluded from trial
PRIVACY: High
Court ruling to protect Canadian folk singer follows Von Hannover v Germany
PRIVACY: Diana
paparazzi convicted of invasion of privacy but must only pay nomimal
damages
TAXATION: New
book looks at the taxation of international performing artists
COMPETITION: Spitzer
targets radio stations
COMPETITION: European
competition regulators to look at music collection societies again
HEALTH & SAFETY: Avon
and Somerset Police go on a ‘pub crawl’
HEALTH & SAFETY: Violent
alcohol related crime rate allegedly drops by 20% as Licensing Act provisions
come into force
COPYRIGHT: Delhi
court hold PPL levy illegal
TRADE
MARK: ARTICLE:
Supreme Court of Canada to look at confusion with trade marks
TRADE
MARK: ARTICLE:
Whose On-line is it anyway?
COPYRIGHT: UK
Artists’ Creativity ‘Rewarded’
COPYRIGHT: Danish
courts require ISP’s to cut off infringers access
COPYRIGHT: Solomon
Linda’s estate heirs rewarded for ‘The Lion Sleeps Tonight’
COPYRIGHT: eDonkey
server siezed
COPYRIGHT: DVD
piracy in the headlines: R v Malone
CONTRACT: Killers
litigation with ex-manager anticipated
-----------------------------------------------------------------------------------------------------------------------
HEALTH & SAFETY: Court
of Appeal decision clarifies occupier’s liability for unforeseeable
accidents
HEALTH & SAFETY: Diabetic pens cause angst for venue management
HEALTH & SAFETY: Scottish woman jailed for noise breaches
HEALTH & SAFETY: Local Authorities gain new weapon in fight against fly posting
CONTRACT: Korn launch new band-label-promoter
relationship
COPYRIGHT:
New licences from MCPS-PRS Alliance
COPYRIGHT: ARTICLE:
DJ Digital Grace Period Ends
COPYRIGHT:
MCPS-PRS Alliance to spearhead pan-European licensing
COPYRIGHT: BBC website features open answers from industry
leaders to users of digital music
COPYRIGHT:
IFPI Digital Music Report points to growth in legal downloading
COPYRIGHT:
US Judge Grants Preliminary Approval for Sony BMG CD Settlement
COPYRIGHT:
EFF Calls on EMI to Permit Security Research on Copy-Protected CDs
COPYRIGHT:
BPI announce first legal successes against file swappers in UK
TRADE
MARK: ARTICLE:
GEICO v Google settlement still provides food for thought
TRADE
MARK: ARTICLE:
Hooligan Marks – badges of antagonism – No one loves them – We
don’t care
TRADE
MARK: ARTICLE: When marks are confusingly similar
COMPETITION:
UK Secretary of State opposes plan for EU internet regulation
-----------------------------------------------------------------------------------------------------------------------
HEALTH & SAFETY: Whilst
the popular press rings alarm bells about ‘binge drinking’ the
UK leisure and entertainment industries have to face up to the practical ramifications
of the Licensing Act
CONTRACT:
Status Quo face past royalty claim from departed band members
COPYRIGHT,
PRIVACY:
EFF Files Class Action Lawsuit Against Sony BMG: Company Should Repair
Damage to Customers Caused by CD Software
COPYRIGHT:
ARTICLE:
An Industry Unwilling to Play by Rules of 'Fair Use' ?
COPYRIGHT:
Music publishers to target online lyric sites
PATENT
LAW:
Singapore ’s Creative asserts its patent against Apple
COPYRIGHT:
New studies says file swapping is good for music sales
HEALTH & SAFETY: SIA
announces that 50,000 licences have been issued
HEALTH & SAFETY: Danish
court rejects claim of liability against the Roskilde Festival
COPYRIGHT:
Kazaa executives face contempt of court hearing in Australia
TRADE
MARK: Canada : Wyrder And Weirder – Choosing And Protecting
A Name
TRADE
MARKS: ARTICLE India: A Case Study on Domain Name Disputes-
Red Bull Acquires www.redbull.com
CONTRACT:
Apple Corp instigates proceedings against EMI for unpaid royalties
COPYRIGHT:
AOL ’Play Legal’ campaign launched
CONSUMER: MBlox
fined £40,000 over Crazy Frog ringtone advertising
COPYRIGHT: New
clampdown on peer-2-peer file swapping in France delayed
COPYRIGHT: ARTICLE:
Canada – IP year in Review - Copyright
COPYRIGHT: ARTICLE:
Indian Court Upholds the Moral Rights of the Author
-----------------------------------------------------------------------------------------------------------------------
COPYRIGHT:
The copyright industry tightens the screws on illegal peer-2-peer file swappers, swapping sites and software that facilitates file swapping.
COPYRIGHT, TRADE MARKS, PATENTS:
The Royal Society of Arts launches Adelphi Charter COPYRIGHT:
Google’s ambitious plan to ‘publish’ all of the world’s books looks set to stir up the doctrines of ‘fair use’ and ‘fair
dealing’
COPYRIGHT:
ARTICLE: Canada introduces new copyright legislation
COPYRIGHT:
Massive piracy operation in Spain brings results
TRADE MARK:
ARTICLE: Hong Kong – are slogans registerable as trade marks?
TRADE MARK:
Beatles claim Apple mark continues to infringe
COPYRIGHT: A diary of the Sony-BMG ‘rootkit’ fiasco – how
not to introduce Digital Rights Management
TRADEMARK: Beach Boys litigation resumes as Love takes on Wilson
COPYRIGHT:
Canadian broadcasters to challenge new payments for songwriters and musicians
HEALTH & SAFETY, PRIVACY: Canadian nightclub’s scanning of ID found to violate Alberta’s
privacy legislation
COPYRIGHT / CRIMINAL: IFPI say new law ‘threatens anti-piracy
activity in Italy
COPYRIGHT: VPL collections top £8.7 million
COMPETITION: Monstermob’s mobile services prompt fresh
complaints
COPYRIGHT:
IFPI announce new wave of law suits against individual peer-2-peer file swappers
COPYRIGHT:
BPI and MCPS-PRS Alliance dispute will go to the Copyright Tribunal
COPYRIGHT:
New licensing schemes in UK
COPYRIGHT: Belgium courts look at plagiarism
TRADE MARK: Image Rights: new ARTICLE
COPYRIGHT: ARTICLE: Conflicting terms resolved in favour
of ‘essential term’ Mark Taylor v Rive Droite Music Limited
COMPETITION: US Senator introduces bill against US ‘payola’ as
Warners settle with Spitzer
HEALTH AND SAFETY:
Leeds Coroner records a verdict of accidental death in stage dive tragedy
COPYRIGHT:
EFF rings alarm bells about new industry led copyright bills in the US
COPYRIGHT:
Australian courts order Kazaa to filter out copyright works
COPYRIGHT: Intellectual property theft mooted as pan-European crime
-----------------------------------------------------------------------------------------------------------------------
COPYRIGHT : National Consumer Council asks for fair play in EC copyright legislation
COPYRIGHT/PRIVACY : ARTICLE: Privacy v Piracy
COPYRIGHT/PRIVACY : EFF criticises plan for restrictive new cell technology
COPYRIGHT : EFF warns against new digital television restrictions
COPYRIGHT : ARTICLE: Australian High Court rules that modifying chip is not illegal Stevens v Sony
DEFAMATION : Jurisdiction issues: Canadian Courts give out mixed messages as the Ontario Court of Appeal Overturns Jurisdiction Decision in Washington Post Case but BC Court finds it has jurisdiction in an action against New York Post
PRIVACY : Is a new Universal Data Protection Law possible?
COPYRIGHT : IFPI say that booming global online demand offsets a small decline in CD sales
COPYRIGHT : Israel clamps down on P2P sites
TECHNOLOGY : ITC Keynote address by Ralph Simon highlights role of mobiles
REGULATION : China regulates for a sanitised web
COPYRIGHT : Eminen looks to ban ringtones
TRADE MARK : Canada - top ten myths about trademarks
TRADE MARK : ICANN approves more top level domain names
IMAGE RIGHTS/COPYRIGHT FAIR USE : ARTICLE: Who Owns Barbie - Copyright Owners and Artists disagree
TRADE MARK : Manchester United's manager fails to protect his own name on posters
TRADE MARK : BBC paid $375,000 for domain name
TRADE MARK : Ownership of domain names used for criticism and review
TRADE MARK : Abusive contract terms struck down by French court in AOL Standard Form Contract
COPYRIGHT : Adult website lawsuit against Google Image Search could have important ramifications for fair dealing and fair use
COPYRIGHT : US talent guilds want a fair cut of i-Tunes download revenues
COPYRIGHT : ARTICLE "How Bowie's moonage daydreams came true"
CRIMINAL : UK Teenager convicted for 'race hate' T-shirt
COPYRIGHT : One stop licensing scheme for online rights in Europe
COMPETITION : US payola scandal rumbles on
DEFAMATION : Campbell v Mirror Group Newspapers (No2)
-----------------------------------------------------------------------------------------------------------------------
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COPYRIGHT : EFF's new guide to digital music services points to unexplained restrictions with Digital Rights Management Systems
HEALTH & SAFETY : Centre for Crowd Safety Management is Launched
CONTRACTS : Korn sign all in deal with EMI
LICENSING : UK Home Office exempts football stewards from door supervisor regulations
HEALTH & SAFETY : UK judicial review finds local authority policy illegal
COPYRIGHT : EFF criticize US labels' approach to digital radio: EFF
article "Don't Touch That Dial, RIAA!"
COPYRIGHT : Australian Court rules that Kazaa file swapping software is illegal: Universal Music of Australia Pty Ltd vs Sharman License Holdings (2005) whilst other P2P companies review strategies in light of the Grokster decision
COPYRIGHT : First criminal ruling against an internet peer-to-peer service in Taiwan
COPYRIGHT : Major labels seek to outlaw Chinese search engine
COPYRIGHT : BPI issues new proceedings against CDWow!
COPYRIGHT : ARTICLE: Pirating cable TV in Hong Kong: By Ken Yip
COPYRIGHT : Music and film industries launch new software to fight file sharing
COPYRIGHT & PERFORMERS' RIGHTS : Experience Hendrix LLC files additional suit against Purple Haze Records
SEPTEMBER 2005
COMPETITION : SONY BMG settle payola claim
TRADE MARK : Use of 'Doors' name restricted
TRADE MARK : Megadeth singer sues bassist over use of band name in advert
TRADEMARKS : Trademarks in India
CONTRACTS : Ashanti producer wins $630,000 in royalty claim
COPYRIGHT : Digital Freedom in the UK
COPYRIGHT, TRADE MARK, DATA PROTECTION : Websites and the law in the UK
COPYRIGHT : Russia's largest CD manufacturer signs accord with IFPI
COPYRIGHT : ARTICLE : Dream Home, The Block and The Complex format disputes in Australia
COPYRIGHT : IFPI Publish 12th Recording Industry in Numbers
COPYRIGHT : Canadian Supreme Court rule technology levy illegal
COPYRIGHT : DPlaylouder's legal file sharing service signs up SonyBMG
PRIVACY : Window upgrade policy raises privacy concerns
COPYRIGHT : Podcasters asked to pay royalties by Dutch collection societies
COPYRIGHT : EC propose new offence similar to the MGM v Grokster 'induce' to infringe
COPYRIGHT : German Appeal Court upheld principle that links sites can be illegal
LICENSING : The UK's new Licensing Act causes chaos
COPYRIGHT : ARTICLE: The sound of silence. Fair dealing and the use of lyrics and music by academics and musicologists
COPYRIGHT : Sentencing - R v Zhou, Trader in pirate DVDs faces prison and ASBO order
TRADE MARK : Google may be liable for use of third party trade marks
DEFAMATION : Canadian court rejects the "Single Publishing Rule" in
an internet defamation case: Carter v BC Federation of Foster Parents Association
et al (2005)
COPYRIGHT : New MCPS rate for non-music DVDs
AUGUST 2005
COPYRIGHT : Supreme Court rules software manufacturers can be liable
for user's infringements MGM v Grokster 04-480 27th June 2005
COPYRIGHT, TRADE MARKS, PATENTS, DESIGN RIGHTS : EU proposes
harmonisation of criminal sanctions for infringements
COPYRIGHT : BPI and legal download services challenge online
publishing royalties
COPYRIGHT : China tracks down more pirates
COPYRIGHT : ARTICLE: Format rights: Wife Swap vs Trading Spouses -
Scores Level After First Round
COPYRIGHT : European Commission proposes Europe wide music licensing for
online use
COPYRIGHT : German court rules that the discoverer of a long lost
Vivaldi opera may forbid unauthorized performances
COPYRIGHT : Dutch court rules that privacy overrides copyright
investigation
COPYRIGHT : Links site found to infringe copyright in Australian
judgment
COPYRIGHT : Court of Appeal gives narrow scope to database right
COPYRIGHT : Clearing Music for FilmJULY 2005
COPYRIGHT : Sweden updates copyright laws to prohibit illegal
downloading
COPYRIGHT : Infringements under US Artist Rights and Theft
Prevention Act limited to true distribution
BROADCAST REGULATION : ARTICLE : New OFCOM Broadcasting Code
COPYRIGHT : Weblisten finally shut down after admission of criminal
liability
COPYRIGHT : First Norwegian conviction for file swapping
COPYRIGHT : Welsh pirate caught after test purchase from Ebay
CONTRACTS & COPYRIGHT : Waits challenges download royalties based
on physical product sales
COPYRIGHT : Trent Reznor wins $2.9 million judgment against former
manager
COPYRIGHT : George Clinton wins back master tape rights
COPYRIGHT : Court of Appeals re-affirms Westbound Records and
Bridgeport Music v No Limit Films and Dimension Films
COPYRIGHT : Anti-piracy group broke Swedish data laws
PERFORMERS' RIGHTS : Experience Hendrix LLC v Purple Haze Record
Ltd and Another
JUNE 2005
PRIVACY : ARTICLE: Douglas v Hello (2005) The Court of
Appeal has its say
COPYRIGHT : Harrisongs alleges late payment of royalties by Sony ATV
COPYRIGHT : New independent publishing company set up in India
COPYRIGHT : Hyperion lose appeal over musicologist's editions of 'out
of copyright' works. Hyperion Records v Sawkins
COPYRIGHT : Canadian Appeal Court maintains privacy right for
file-sharers
COPYRIGHT : Austrian ISP's must reveal personal details of file
sharers
COPYRIGHT : Hamburg Court refuses labels to allow access to private
data
COPYRIGHT : EFF support efforts to revise US Digital Millennium
Copyright Act
COPYRIGHT : US Family Entertainment and Copyright Act passed
PRIVACY : In a pre Douglas v Hello! case the Beckhams lose right to
gag ex-nanny on grounds of public interest
CONTRACTS : Linkin Park seek to exit Warners deal
TRADEMARK : Westlife lose battle over name in European Court of
Justice
COPYRIGHT : Cuba and St Lucia sign copyright pact
PERFORMERS' RIGHTS : Hendrix Estate wins infringement action for 1969
recording: Experience Hendrix LLC v Purple Haze Record Ltd and
Another
COPYRIGHT : UK hackers jailed for software Piracy R v Bell
(and others) 2005
COPYRIGHT : US Appeals Court rejects FCC's attempts to control digital
piracy: ALA v FCC
PRIVACY : ARTICLE: The Right Way to Fight Spyware
CENSORSHIP : Jerry Springer opera did not break TV rules
DEFAMATION : Beckhams kidnap case shows the difficulties of 'no-win
no-fee' litigation
COPYRIGHT : Buena Vista dispute reaches High Court
CONTRACTS : Nine Inch Nails' Reznor sues ex-manager
COPYRIGHT : Holland to implement iPod Tax
CONTRACTS : Ringtone advertising raises consumer protests worldwide
COPYRIGHT : Pakistan to fight piracy
COPYRIGHT : Universal and Warners file infringement file in China
MAY 2005
IMAGE RIGHTS/COPYRIGHT/PRIVACY : City employees sue Dr Dre after
'secretly' filmed footage appears on DVD
COPYRIGHT : RIAA drops download infringement action against 'students'
COPYRIGHT : Xzibit and Dr Dre defeat songwriters claim
COPYRIGHT : Google sued over reproducing news extracts from AFP
IMAGE RIGHTS : Real Madrid and players sue over unauthorised use of
images
CONTRACT : Nugent claim limited to concert fee and direct loss
COPYRIGHT : First Vietnamese copyright licence for music since Berne
Convention became effective
COPYRIGHT : Grokster and Morpheus case reaches US Supreme Court
COPYRIGHT : MMO appeal fails in Tokyo's High Court
COPYRIGHT : Common law used to protect pre-1972 copyrights in US
TAXATION : Does European decision herald true pan-European tax
accounting? Marks & Spencer Plc v Halsey (Inspector of Taxes)
European Court of Justice C446-03
COPYRIGHT : Hallayday loses appeal and masters
COPYRIGHT : Links to piracy tools ruled illegal in Germany
COPYRIGHT : ARTICLE: Canada to Implement Internet Treaties with Copyright
Act Amendments
COPYRIGHT : Russian CD plant agrees to pay damages
COPYRIGHT/PERFORMERS' RIGHTS : Dark Side Of The Moon Claim
TRADEMARK : Linkin Park Trade Mark application for posters refused
TRADEMARK/IMAGE RIGHTS : Rosa Parks, OutKast and Sony-BMG settle
APRIL 2005
COPYRIGHT : No payment for artists yet from RIAA download actions?
COPYRIGHT : Cypriot event organisers pay up for music use
COPYRIGHT & PATENTS : Debate on the protection of software by
patents vs copyright
COPYRIGHT : Nigeria enforces copyright laws
COPYRIGHT : Malaysian authorities crack down on copyright infringement
HEALTH & SAFETY : The UK's Security Industry Authority warns of
low levels of applications by door supervisors but also admits to its own
delays
TAXATION : EU Council of Ministers recognises withholding tax problems
COPYRIGHT : UK Bollywood pirate jailed for 3 years R v Buhecha
(2005)
COPYRIGHT : Recording industry welcomes police investigation of
Allofmp3.com but prosecution stalled
COPYRIGHT : Ghana clamps down on hard copy piracy
COPYRIGHT : Swedish music sales plummet
COMPETITION : EU to investigate download pricing in Europe
COMPETITION : Microsoft faces the wrath of the European Commission
COMPETITION : European Commission seeks to restrict public services
broadcasters' online and digital services
CONTRACT : Patti LaBelle brings claim for non-payment of appearance
fees
PRIVACY/IMAGE RIGHTS : Elizabeth Jagger wins right to protect intimate
moments in a nightclub
COPYRIGHT : New US Copyright Legislation: Congress and the Silver
Screen
TRADEMARK : ARTICLE : by Emma Lambert, Pictons Solicitor - A guide to
UK and European Community Trade Mark registrations
COPYRIGHT : ARTICLE - revisiting the Sony Betamax decision in light of
the pending Grokster US Supreme Court appeal - Copyright law should continue
to balance interests {Harvard Law School - The Record}
CRIMINAL LAW : German Court confirms prison sentence for Landser
singer
COPYRIGHT : French choir child seek share of film and CD success
COPYRIGHT : French courts accept personal downloading of movies
HEALTH & SAFETY : Noise fines in New Jersey and Toronto
HEALTH & SAFETY : UK pub's breach of noise order results in £5,000
fine
LEGISLATION : The European Live Music Forum Launches at ILMC
COPYRIGHT : Hyperion Records wait for appeal verdict
COPYRIGHT : IFPI gain extra time to lobby
COMPETITION : Music composers complain to OFT
PERFORMERS' RIGHTS : UK Government consults on moral rights for
performers
COPYRIGHT : The Corrs face claim over copyright to 'Breathless'
COPYRIGHT : New ways for pirates to obtain downloads
HEALTH & SAFETY : ILMC calls for European legislation to govern
ticket re-sales
MARCH 2005
COPYRIGHT : Italian DJ receives massive fine for using pirate music
files
COPYRIGHT : Korean online music operator guilty of violating copyright
laws
COPYRIGHT : French court imposes heavy fine for uploading
COPYRIGHT : German court clears ISPs of liability for infringing uses
by third parties
COPYRIGHT : Major International rights owners urge the US Supreme
Court to reverse the Grokster decision
COPYRIGHT : Norwegian Supreme Court finds link site owner liable for
copyright infringements
COPYRIGHT : Norway proposes new digital legislation
COPYRIGHT : Moves to reform Australian copyright law
COMPETITION : Office of Fair Trading reviews ticket pricing
COPYRIGHT : ASCAP files actions against bars and restaurants
TRADEMARK/IMAGE RIGHTS : Unauthorised use of model's photograph
results in massive damages against Nestlé
COPYRIGHT : US 5th Circuit Court Of Appeals finds no copying in "Back
That Azz Up"
TRADEMARK : Two new decisions on trademarks in colours and shapes:
Heidelberger Bauchemie Gmbh (ECJ C-49/02 )
DEFAMATION : ARTICLE: Court of Appeal takes a robust view of abusive
libel actions: Jameel v Dow Jones
DEFAMATION : ARTICLE: Website disclaimer fails to protect infringement
but liability for chat room activities may be limited: Newsgroup
Newspapers Ltd v Douglass Consultancy Services Ltd (2005)
DEFAMATION : ARTICLE: Fugitive granted right to give evidence via a
video link: Polanski v Conde Nast
DEFAMATION : McLibel case ends in victory for campaigning duo. Steel & Morris v United Kingdom Times Law Reports 16 February 2005 ECHR
Application no 6841/01
FEBRUARY 2005
COPYRIGHT : Massive haul of blank CDs in Mexico
COPYRIGHT : Tokyo District Court orders a suspension of service and
awards damages in leading Japanese case on file swapping on the Internet
COMPETITION : Microsoft ordered to open up windows
TRADEMARK : House Judiciary committee reviews use of band names
CENSORSHIP & DISCRIMINATION : Demonstrations by some members of
the Sikh community close the theatric presentation of Behzti and raise
issues of free speech
TAXATION : Three new tax cases are to be heard by the European Court
of Justice
COPYRIGHT : Bridgeport Music Inc & Westbound Records Inc v Dimension
Films and No Limit Films (2004)
TRADEMARK : Civil rights era icon Rosa Parks and Jerry Garcia's estate
fight to protect their names
COPYRIGHT : Delhi hotels charged with violating music copyright
COPYRIGHT/TRADEMARK : Pepsi claim that new film's title infringes
their advertising slogan
COPYRIGHT : US court quashes subpoenas to produce personal details of
file sharers
HEALTH & SAFETY/DISCRIMINATION : Court of Appeal rule on unlawful
discrimination: Ross v Ryan Air & Stanstead Airport (2004)
HEALTH & SAFETY : German court find promoter liable for damaged
hearing
COPYRIGHT : South Korean find no ISP liability for infringing use
COPYRIGHT/TRADEMARK : Image Rights
COPYRIGHT : IFPI Digital Music Report 2005
COPYRIGHT : RIAA secure first convictions
COPYRIGHT : Bertlesmann settle first claim over actions resulting from
its financial support of Napster's file sharing service
JANUARY 2005
TAXATION : Court of Appeal hold no taxation without residence Agassi
v Robinson (Inspector of Taxes) (2004)
COPYRIGHT : BPI say piracy suits justified
COPYRIGHT : UK Film Council asks for new measures to fight film piracy
COPYRIGHT & PERFORMERS' RIGHTS : The Wall school choir seek
royalties
PRACTICE : New York Judge waxes lyrical
COPYRIGHT : Mark Morrison barred from releasing his own album
DEFAMATION : ARTICLE: George Galloway wins battle against Telegraph
over 'Saddam' libel
COPYRIGHT : Twenty Eight Arrested in Scottish Raids
COPYRIGHT : Japanese crack down on piracy
COPYRIGHT : I-tunes faces European inquiry over pricing
COMPETITION : Indies challenge SONY-BMG Merger
COPYRIGHT : Navataire v Easyjet (2004)
CONTRACT : Jury orders booking agent and artist lawyer to pay damages
of $1.6 million
COPYRIGHT : Canadian MP3 Player levy ruled illegal
COPYRIGHT : New PRS-MCPS downloads policy
DECEMBER 2004
TRADEMARK : New .EU domain names to be available in 2005
COPYRIGHT : BPI and IFPI take action against Jetgroove.com
HEALTH & SAFETY : Reggae Star refused entry to UK
CRIMINAL LAW : Rap label bookkeeper faces money laundering charges in
the US
TAXATION : Tennis Star's Court of Appeal hearing will have important
ramifications for the international live tour business
TAXATION : New Pension Law Revisions in Italy Challenged by Ballet
Stars
COPYRIGHT : Hollywood film studios to sue individuals who swap pirated
copies of films over the Internet
COPYRIGHT : Pensioners unlicensed tea dance attracts the attention of
the PPL
COPYRIGHT : Puretunes operation ends in $10 million victory for the
Recording Industry Association of America
COMPETITION LAW : New York Attorney General Investigates 'Payola'
Charges Against Majors
DEFAMATION : ARTICLE: Forum non conveniens Principles upheld in Claim
Against Schwarzenegger. Richardson v Schwarzenegger & Others
(2004)-
COPYRIGHT : Database Protection narrowed: British Horseracing Board v
William Hill ECJ, 9 November 2004
COPYRIGHT : Newton fails in appeal against the Beastie Boy's
unauthorised use of song melody, Newton v Diamond
CONTRACT : Rolling Stones must arbitrate royalty dispute with Decca
HEALTH & SAFETY : House of Lords restricts occupiers liability for
accidents: Tomlinson v. Congleton Borough Council and others
(2004)
COPYRIGHT : ARTICLE: Fair Dealing - Or What Connects Princess Di, L.
Ron Hubbard and A Clockwork Orange?
NOVEMBER 2004
COPYRIGHT : BPI To Bring First Legal Actions Against 'Major
Filesharers' in the UK
COPYRIGHT : Creative Commons Launched in Canada
COPYRIGHT : Entertainment Giants Push Supreme Court to Rewrite
Copyright Law
DEFAMATION, CONFIDENTIAL INFORMATION & PRIVACY : When a Pre-trial
'Gagging' Order Will Be Granted by the Courts: Cream Holdings Ltd & Others v Banerjee & Another (2004)
COPYRIGHT : International Webcasting Agreement Extended to The US
DEFAMATION & COPYRIGHT : "ISP's the Weakest Link When It
Comes to Free Speech"
COPYRIGHT : IFPI Say That Markets Are Showing Signs of Recovery
HEALTH & SAFETY : Club Doorman Charged With Murder
LICENSING, HEALTH & SAFETY : ARTICLE: The Live Music Forum says "Save
UK Live Music"
OCTOBER 2004
COPYRIGHT : MPAA Brings New Actions Against Chip Manufacturers
HEALTH & SAFETY : Club Doorman Cleared of Manslaughter
COPYRIGHT : BUGS Back Online in Korea After Agreement With Labels
COPYRIGHT : Ludlow Music Inc v JibJab: EFF Question
Whether 'This Land' is in the Public Domain but Case Ends With Settlement
COPYRIGHT : PPL can sue UK Government for failing to implement EC
Directive: Phonographic Performance Limited v Department of Trade & Another
COPYRIGHT : Consumers Target EMI France Over Unplayable CDs
COPYRIGHT : Music Sampling: Westbound Records and Bridgeport Music
v No Limit Films (2004)
COPYRIGHT : Australian Pirate to be Extradited to US
HEALTH & SAFETY : New Door Supervisor Licences Come Into Effect:
The PRIVATE SECURITY INDUSTRY ACT 2001. THE PRIVATE SECURITY INDUSTRY
(LICENCES) REGULATIONS 2004
TRADE MARK : English Court of Appeal Rules that Dishonesty not
Required to Establish Bad Faith in Trade Mark Applications Harrison v Teton
Valley Trading Co [2004] EWCA Civ 1028
COPYRIGHT : US Band Disputes Ownership of New Zealand 'Idol' Song
PATENT LAW : RIAA Faces Action For Alleged Infringement of Patents
COPYRIGHT : Betamax Under Siege - Again
SEPTEMBER 2004
COPYRIGHT : IFPI Release "Recording Industry In Numbers
2004"
COPYRIGHT : Television Format Rights - Simon Fuller and Simon Cowell
at Legal Loggerheads Over Claims That The 'X Factor' Infringes 'Pop
Idol'
COPYRIGHT : Classic Rock & Roll Sound Recording Copyrights Begin
to Expire in Europe
COPYRIGHT : Lil Romeo Faces Lawsuit From Album 'Ghostwriter'
COPYRIGHT : The Recording Industry Association of America Settles Its
Lawsuit Against Israeli File-Swapping Company iMesh
COPYRIGHT : Russian Mobile Phone Downloads Violate Copyright Law
COPYRIGHT : McCartney Objects to Use of Sample
COPYRIGHT : Hallyday Wins Back Control of Master Tapes
COPYRIGHT : Publican Escapes Prison After Repeatedly Failing to Obtain
a PRS Licence
LICENSING, HEALTH & SAFETY : Scottish Promoters Use a 'Wedding' to
Try to Foil Licensing Laws
COPYRIGHT : MCPS and BPI Finally Agree Rates for DVDs
COPYRIGHT : Australian DJs Guilty of Copyright Infringement
COPYRIGHT : EFF Pushes Digital Television Revolution
COPYRIGHT : JibJab Files Suit to Defend Fair Use Rights
COPYRIGHT : Retired Police Officer Held Massive Database of Music
Files for Swapping. R v Manton
COPYRIGHT : Megadeth Members Serve Lawsuits On Each Other
COPYRIGHT : BPI Welcomes Government Crackdown On IP Theft
COMPETITION LAW/CENSORSHIP : US Antitrust Settlement 'Censored' By
State Lawyers
COPYRIGHT : US: Ninth Circuit Declares Grokster, Morpheus Not Liable
for Infringement
AUGUST 2004
COPYRIGHT : Music Linked Cigarette Sponsorship Challenged in Maryland,
US
COPYRIGHT : Copyright Subsists in an 'Edition' Version of a Work Even
Where No Significant Changes are Made to the Melody
COPYRIGHT : German Clash Over Levy On Copying Devices
COPYRIGHT : Dutch Supreme Court Confirms Format Rights Decision: Castaway
v Endemol
HEALTH & SAFETY : Beenie Man Show Cancelled Over Homophobic Lyrics
PRIVACY : Princess Caroline Wins Historic Court Battle
COPYRIGHT : Artist Wins Right To Use Barbie Dolls
COPYRIGHT : "Creative Commons" Adopted in the Netherlands
COPYRIGHT : EFF Fears the Inducing Infringement of Copyright Act Will
Stifle Innovative Technology
COPYRIGHT : The Supreme Court of Canada Rules That All Internet
Transmissions Into Canada Are Covered By Canadian Law
COPYRIGHT : US Court Rules That Internet Service Providers Are Not
Liable For Passive Storage of Infringing
COPYRIGHT : Scottish CD Pirate Jailed R v Reid (2004)
COPYRIGHT : UK Bootleg Pirate Jailed For Three and a Half Years R
v Purseglove (2004)
COPYRIGHT : Hong Kong Court Jails Pirates For Six and a Half Years
TRADEMARK & COPYRIGHT : 4,700 Pirated Compact Discs, Cassette
Tapes, and DVDs Crushed in Jamaica
TRADEMARK : Scottish Ticket Counterfeiter Spared Jail
JULY 2004
COPYRIGHT : Copyright Infringements in Chinese Ringtones
COPYRIGHT : Belle & Sebastian Reach Pre-release Agreement
with Carlin Music Over Use of 'Shadow's melody'
HEALTH & SAFETY : UK Court of Appeal Limits Liability for
Independent Contractors: Payling v Naylor t/a Mainstream
HEALTH & SAFETY : Sony Staff Spared Anti Social Behaviour Orders
HEALTH & SAFETY : Disability Discrimination Act to Extend to
Venues and Club Premises
DEFAMATION : Lawyers Costs Capped in Contingency Fee Cases Musa
King v Telegraph Group Limited (2004)
DEFAMATION : ARTICLE: Court of Appeal Ruling on the Offer of Amends
Defence: Milne v Express Newspapers by Jonathan Coad, solicitor
DEFAMATION : Washington Post Appeals Canadian Jurisdiction in Internet
Libel Action
COPYRIGHT : IFPI Announces Positive Results After First Wave of
European Legal Actions
COPYRIGHT : Joint Authors: Brighton & Dubbeljoint v Jones
COPYRIGHT : Endemol Wins Copyright Protection for Big Brother in
Brazil
COPYRIGHT : Source Magazine Ordered to Pay Eminen's Costs After
Breaching Court Order
COPYRIGHT : Japan Legislates Against the Import of Domestic Recordings
COPYRIGHT : Movie Studios Continue to Fight Against De-Encryption
Technology
COPYRIGHT : DirecTV Agrees to Modify Legal Campaign
JUNE 2004
TRADE MARK : Eminen Wins Back Domain Name
COPYRIGHT : EMI Files Lawsuit Against Electronic Arts
TRADE MARK : European Community Trade Mark Registration: Compass
Publishing BV v Compass Logistics Ltd (2004)
TRADE MARK : New Trade Mark Act in Czech Republic
CONTRACT LAW : ARTICLE: Distribution Agreements
COPYRIGHT : World Piracy News
PRIVACY : Naomi Campbell triumphs in privacy battle: Campbell v
Mirror Group Newspapers (2004)
COPYRIGHT : Apple Fights Open Source Software in India
COMPETITION/COPYRIGHT : EU Commission to Investigate 'One Stop'
Licensing Schemes in Europe
COMPETITION/COPYRIGHT : European Commission Seeks to Regulate
Collection Societies
CONTRACT : Rapper Ras Kass Launches Action Against Priority Records,
Capitol and EMI
COPYRIGHT : Warners Wins Chinese Infringement Action but Lament Low
Damages
COPYRIGHT : Dutch Courts Clear Internet Search Engine of Copyright
Infringement in Download Facilitation
MAY 2004
COPYRIGHT : 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
TRADE MARK : Lacoste Loses Trademark Action Against Crocodile International
TRADE MARK : Oxford University Denied Exclusive Use of 'Oxford Blue'
COPYRIGHT : High Court Dismisses Format Rights Claim: Miles v ITV
Network (2004)
COPYRIGHT : IFPI Announces A Wave of International Legal Actions
Against File Swappers
COPYRIGHT : PPL Successful in Action Against Show Organiser in India
PRIVACY : The New Zealand Court of Appeal Formulates a Law of Privacy:
Michael Hosking v Pacific Magazines
DATA PROTECTION & PRIVACY : ARTICLE: Data Protection Act
Guidelines - a Practical Summary By Sarah G Staines, solicitor
DEFAMATION : The Effect of the Offer of Amends Procedure on Damages
Awards: Jimmy Nail v Harper Collins and News Group Newspapers
(2004)
LICENSING : UK Licensing Act 2003
COPYRIGHT : Korean Government Sets Up Novel Solution to Phone Download
Licence
APRIL 2004
CONTRACT LAW : Maverick Records Launches Legal Action Against Warner
Music
COPYRIGHT : First Finnish Claim Against Private File-Swapper
COPYRIGHT : Canada Follows RIAA Model Despite Legislative Hurdles
COPYRIGHT : Shanghai Karaoke Bars Face The Music
COPYRIGHT : Australian Federal Court Allows the Use of Anton Piller
Orders in Record Company Raids
COPYRIGHT : Japanese Orchestras Refuse To Pay Increased Live
Performance Fees
COPYRIGHT : European Parliament Passes Tough New IP Enforcement
Directive
COPYRIGHT : US Court Endorses Ban on DVD Copy Technology
DEFAMATION : Harrods v Dow Jones (2004)
PRIVACY : Campbell v Mirror Group Newspapers Reaches the
House of Lords
TRADE MARK : 007 Brand protected in Canada: Danjaq Inc. v Spiridon
Zervas & Dimitr Zervas in Partnership trading as 007(2004)
HEALTH & SAFETY : New Regulations for Door Supervisors and
Security Staff Introduced in the UK: The Private Security Industry (Licences)
Regulations 2004
COPYRIGHT & TRADEMARK : Owners of 'Lord of the Rings' copyrights
and trademarks take action: The Saul Zaentz Company dba Tolkien
Enterprises, Inc. and New Line Cinema Corporation, Plaintiffs v Kultur
International Films, Defendants
COPYRIGHT : 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
MARCH 2004
COPYRIGHT : US Copyright Office Sets Rates for Webcasting
COPYRIGHT : First Chinese Action for Unauthorised Public Performance
of Sound Recordings
COPYRIGHT : EMI Admits CD Copy Protection Compatibility Problems
COPYRIGHT : EMI Takes Action Over Sampled "Grey Album"
PATENT LAW : E-Data Announces Successful Settlement with Microsoft,
Tiscali, HMV, and OD2 in Europe
PATENT LAW : Inventor Wins Japan's Highest Patent Compensation Award
after Suing ex-employer Hitachi
COPYRIGHT : BPI Wins First Internet-based Parallel Importing Case
COPYRIGHT & TRADE MARK : Yoga Guru Claims Rights in Yoga Position
and Teaching Style
COPYRIGHT : RIAA Bring Additional Legal Actions in the US Against
Alleged File Swappers as French and German Sales of CDs Decline
COPYRIGHT : France Applies Criminal Sanctions to Music Downloader
COPYRIGHT : Welsh Shop Owner Finally Pays for PPL Licence
COPYRIGHT : 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
DEFAMATION : 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
TRADEMARK : New York Mets Gain UK Mark Registration
TRADEMARK : Microsoft Regrets Action Against mikerowsoft.com
IMAGE RIGHTS : The Concept of Image Rights in the UK Develops as David
Bedford Benefits from Ofcom Ruling
TRADEMARK : ARTICLE: United Kingdom: Trade Mark Registration - v -
Trade Mark Use: A Costs/Risk Analysis
COPYRIGHT : ARTICLE: Betamax Was a Steppingstone: 1984 Court Ruling
Launched a Technological Revolution
COPYRIGHT : ARTICLE: The Copyright and Related Rights Regulations 2003
FEBRUARY 2004
COPYRIGHT : Canadian Copyright Board Rules on Private Copying Levies
and P2P Music Downloading
COPYRIGHT : New Offensive Against Illegal CD Production in Russia
COPYRIGHT : Growth in Manufacture of Counterfeit DVDs in UK Market
EMPLOYMENT LAW : ARTICLE: New UK Regulations for Booking Agencies and
Entertainment Agents
COPYRIGHT : Netherlands Supreme Court Judgement in Kazaa v Buma & Stemra (2003)
COPYRIGHT : RIAA Lose a Valuable Tool in the Fight Against Piracy as
Verizon Win Appeal
COPYRIGHT : US Judge Allows Access to Eminem 'Racist' Recordings
TRADE MARK : Robbie Williams Trademarks His Name
COPYRIGHT : EFF Defends The Right to Own Smart Card Technology
JANUARY 2004
COPYRIGHT : The Record Industry Suffers Major Setbacks In Three Separate
Decisions
TRADE MARK : European Court of Justice: A Sound Can Be a Trademark
PRIVACY, CONFIDENCE, DEFAMATION : Battle Royal in the High Court
PRIVACY : Paparazzi Cleared of Breaching French Privacy Laws
MEDIA LAW : UK Media Warned Over Soham Trial Coverage
COPYRIGHT : File Sharing Illegal in Taiwan
COPYRIGHT : IFPI Voices Disappointment Over Postponement of Amendments
to the Russian Copyright Law
TRADE MARK, IMAGE RIGHTS : England Rugby Star Considers Protecting His
'Kicking' Ritual
COPYRIGHT : World Piracy News
HEALTH & SAFETY : Indictments Issued in Great White Tragedy
TRADE MARK : Beneficial Ownership of Intellectual Property Rights
DECEMBER 2003
COPYRIGHT : Chinese Rights Owners Seek Payment For Mobile Telephone
Use
COPYRIGHT : Australian Internet Service Provider Faces Claim For
Copyright Infringement
DEFAMATION : Actress Awarded Damages of £38,000 For Libel
DEFAMATION : French Mayor Questions Whether Novel Is a Work of Fiction
CONTRACTS : British Comedian Faces Damages Claim For Show Cancellation
CONTRACTS : Van Morrison Ordered To Pay Damages For Cancelled Contract
TRADE MARK : "Doublemint" Cannot Be Registered As a
Trademark
COPYRIGHT, TRADE MARK : The GHETTOPOLY Version of Monopoly Leads To a
Legal Action
TRADE MARK : Adidas-Salomon AG v Fitnessworld Trading Ltd
TRADE MARK : Protecting Existing Marks
HEALTH & SAFETY LAW : Responsibilty For Security Staff
COPYRIGHT : Ghostface Killah Wins Copyright Infringement Case
COPYRIGHT : Sampling: Newton -v- Diamond and Others (2003)
COMPETITION : Microsoft To Settle Class Actions, Record Labels Face
Scrutiny
CONTRACTS : Judgement For Damages In Holly Valance Management Dispute
PRIVACY, IMAGE RIGHTS, COMMERCIAL CONFIDENCE : Zeta Jones and Douglas
Win Limited Damages
COPYRIGHT : Massive Piracy Raid in Italy
COPYRIGHT : US Copyright Office Review
COPYRIGHT : R v Clark (2003) Re-broadcasting Foreign
Television Signals
COPYRIGHT : Federal Communications Commission (FCC) Back The
'Broadcast Flag'
COPYRIGHT : India's State Broadcaster To Take Action As Cricket
Footage Is Illegally Broadcast On Rival Channels
COPYRIGHT : Piracy News From Around The World
NOVEMBER 2003
COPYRIGHT : Will Smart CDs provide an answer to file swapping?
COPYRIGHT : Does the Recording Industry need a new model to exploit
copyright?
COPYRIGHT : Germany considers new copyright reform
COPYRIGHT : Nintendo develops low cost 'piracy proof' console for
China
COPYRIGHT : Taiwan copyright law revisions 'a step backwards'
COPYRIGHT : Ghana to introduce new copyright legislation
COPYRIGHT : Japanese authors to win lending right
COPYRIGHT : Sentencing for online film piracy
COPYRIGHT : Sentencing for the online sale of pirated CDs
COPYRIGHT : Suspended prison sentence for contempt of court for repeat
copyright infringer: PPL v Tierney
CHARACTER (IMAGE) RIGHTS : Assertion of character rights in UK
advertisement
CONTRACTS : Ex-manager wins case against Holly Valance
COPYRIGHT : EU Copyright Directive will finally be implemented in UK
law
CONTRACTS : Limp Bizkit sued by irate fans
PATENT LAW : Microsoft, OD2 and Tiscali face patent action
PATENT LAW : Eu