Dugie Standeford

Dugie Standeford

  • Articles: 158

EU High Court Upholds Private Copy Levies On First Sale Of Blank Media

Setting general private copying levies on the first sale of blank media such as CDs and DVDs does not necessarily breach EU law, Europe's highest court said on 11 July. The law does not allow the levy to be collected where the intended use of the recording media clearly isn't for making private copies. But it doesn't bar a general levy system that includes the option of reimbursement where the intended use is not private copying, the European Court of Justice (ECJ) said.

EU General Court Clears Copyright Collecting Societies Of Antitrust Charges

European copyright collecting societies are not engaged in a cartel but the European Commission was correct in finding that some of the provisions in their reciprocal representation should be barred, the EU General Court (GC) said in a 12 April ruling. The case, which pits the International Confederation of Societies and Authors (CISAC) and 24 of its members against the EC, could be appealed to the EU Court of Justice (ECJ). CISAC said the decision proves its contention that it was not engaged in a conspiracy to restrict competition, and that it has already done away with the complained-of clauses.

Separately, the ECJ has been asked to tackle several key issues in a German matter involving standards-essential patents encumbered with a fair, reasonable and non-discriminatory (FRAND) licensing agreement.

“Works For Hire” A Key Issue As Music Stars Begin Terminating Copyright Transfers

Courts in the United States are beginning to interpret a Copyright Act of 1976 provision allowing authors of protected works to terminate their rights assignments beginning this year. Intellectual property attorneys appear to differ over the importance of the recent rulings, but they agree that the battle line in termination cases between the recording industry and artists will be drawn over whether or not a piece of music was created for hire.

European Copyright Reform On Slow Track, Observers Say

European talks aimed at dragging copyright law into the digital age are not likely to produce results any time soon because of resistance from rights holders and political manoeuvring in the European Commission, players from the internet service provider and consumer sectors say. But the Commission said while it's true that changes could take several years, there will be regulation if needed.

EU Unitary Patent And Court Are Here. Or Are They?

As several countries prepare to sign an international agreement establishing an EU unified patent court, debate still rages over whether the concept of the court, and of a single EU patent, is actually feasible. Some say a unified patent in the near term is a “dead letter,” while one patent lawyer believes that while some technical issues remain, the system will spring into life in the not-too-distant future.

Mediator’s Report On EU Copyright Levies Recommends Major Changes

Copies made by end-users for private purposes in the context of a service previously licensed by copyright holders don't cause harm that should be subject to private copying levies on reproduction devices such as MP3 players, blank DVDs and photocopiers, a European Commission-appointed mediator said in recommendations published on 31 January. António Vitorino suggested major changes to Europe's copy levy system to align it with the digital world, but said at a press briefing that “there is still some way to go” to bring stakeholder positions together.