OSA ruling: no Czech exemption from health-spa music royalty payments
Copyright , Music Publishing / April 2014

COPYRIGHT Collection societies, recorded music, music publishing   The Court of Justice of the European Union (CJEU) has given judgment in Case C‑351/12, OSA – Ochranný svaz autorský pro práva k dílům hudebním o.s. v Léčebné lázně Mariánské Lázně a.s., a reference for a preliminary issue from a Czech court, the Krajský soud v Plzni.  According to the press release: A spa which transmits protected musical works to its guests by means of devices located in their bedrooms must pay copyright fees: The territorial monopoly granted to copyright collecting societies is not contrary to the freedom to provide services OSA, a copyright collecting society, holds the exclusive right in the Czech Republic to collect fees, on behalf of authors, for the use of their musical works. The company Léčebné lázně Mariánské Lázně, which manages a spa, installed radio and television sets in the bedrooms of that establishment in order to make works managed by OSA available to its guests. However, Léčebné lázně Mariánské Lázně did not enter into a licence agreement with OSA and refused to pay fees to it on the ground that, under the Czech legislation, health establishments may freely transmit protected works. OSA, being of the view that…

Lamb of God frontman faces trial over fan death
Criminal Law , Live Events / January 2013

CRIMINAL Live events sector   Czech prosecutors have formally filed indictment papers with the Prague Municipal Court in the manslaughter case against Lamb Of God frontman Randy Blythe. The court now has three months to set a date for his trial or return the case to prosecutors for further investigation. Blythe was arrested and charged with manslaughter when he and his band arrived in Prague to play a gig in the city at the end of June on charges relating to the death of a fan, named as Daniel N,  following a performance in the Czech capital two years ago. The fan is said to have climbed onto the stage a number of times during the show, and on the third occasion was allegedly pushed back off by Blythe, falling onto his head and sustaining injuries that led to his death. After being initially denied bail and spending a month in prison, Blythe is now back in the US having been on bail of eight million Czech Koruna (approximately £260,000). At the time of his release he said “While I maintain my innocence 100%, and will do so steadfastly, I will NOT hide in the United States, safe from extradition and possible prosecution”….

CD Pirates ordered to hand over proceeds of crime to music companies
Copyright , Record Labels / January 2010

COPYRIGHT Record labels A joint press release from the British Phonographic Industry (BPI) and the International Federation of Phonographic Industries (IFPI) reports that a gang of CD pirates have been ordered to hand over the proceeds of an illegal operation that had seen imported pirate CDs from the Czech Republic sold at market stalls and record stores across London and the South East of England. The Crown Court confiscated the £70,000 profit and made a compensation order in favour of the music companies whose repertoire was being sold illegally.  The press release sys that this is the first time that record labels in the UK have been awarded compensation from assets that have been confiscated in court from music pirates. The money is payable to BPI, which represents the recorded music industry in the UK, and will be distributed by PPL, the music licensing company that collects revenue from broadcast and public performance licences on behalf of producers and performers. The judge made the ruling under the Proceeds of Crime Act (2002) at Snaresbrook Crown Court against two of the four pirate traders who had been convicted of conspiracy to infringe copyright in March 2008.  It is believed that the gang…

Four guilty of CD piracy
Copyright , Record Labels / April 2008

COPYRIGHT Record labels Four pirate CD traders have been convicted for running a £5 million illegal operation that imported discs from the Czech Republic and sold them in shops and stalls across South East England.  The recording industry’s UK and international trade bodies, the BPI and the IFPI welcomed the verdict at Snaresbrook Crown Court finding the four guilty of conspiracy to infringe copyright.  The case was brought by the Fraud Prosecution Service acting on information from the two music industry organisations.  A jury found two of the defendants guilty, while the other two had previously pleaded guilty in January 2008. Farhat Nissa and Mohammed Shaikh were found guilty after an eight-week trial. The court heard that Nissa’s company, SFH, one of the largest independent brokers, based in Hatfield, Hertfordshire, was commissioned by Waseem Mir, a market trader, and others to import the CDs.  Waseem Mir admitted supplying market stalls and shops throughout the South East. The operation involved the manufacture and distribution of unlicensed pirate urban music compilations. Some of these became brands in their own right with the “In The Club” series running for more than 15 editions.  BPI made a test purchase of a CD which was…

New Trade Mark Act in Czech Republic

TRADE MARK Record Labels, Music Publishers, Artists, Merchandising, Live Event Industry, Television, Internet As of April 1st 2004 a new Trademark Act (No.441/2003) will come into force in the Czech Republic. Although the structure of the Act has been considerably amended, there are only limited substantive changes in the law. However there are completely new are provisions concerning Community Trademarks, which will be automatically extended to the Czech Republic with the date of its accession to the European Union (these provisions will come into force as of May 1st 2004). The most important amendments are detailed in an article by Almut Rohnstock and a link is provided below. The definition of trademarks (Art.1) has been slightly amended, now including the possibility of colour trademarks; Art.2 now regulates which trademarks are able to claim protection in the Czech Republic, including CTMs and well-known trademarks according to Art.6 of the Paris Convention. Community Trademarks with seniority may also claim older rights (Art.3). Grounds for refusal ex officio (Art.4) as well as grounds for opposition (Art.7) and nullity (Art.32) newly include applications filed in bad faith. The provisions concerning oppositions and nullity (Art.7 and 32) based on known trademarks have been reformulated and expanded; the…