Category Copyright Policy

This is a description

WIPO Delegates Progressing On Once-Moribund Broadcasting Treaty

A meeting meant to advance discussions on a treaty to protect the rights of broadcasting organisations held last week at the World Intellectual Property Organization yielded substantive results, according to the meeting chair. However, civil society remains cautious about potential side effects of such an instrument, while countries appear to have divergent views on the practicalities of the treaty.

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.

Is ICANN Policymaking Around Its Bottom-Up Multistakeholder Process?

This week, registry, registrar and user constituencies at the Internet Corporation for Assigned Names and Numbers (ICANN) complained about what they saw as deviations from the bottom-up multistakeholder process by late additions made to policies or by processes never being laid out to the community for review.

Debate In Beijing: ICANN As Online Content Regulator?

The publication by governments of additional safeguards for new top-level domains at this week‘s 46th meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) sparked warnings that the private net management body should avoid becoming a content regulator.

Community Right To Access Unpublished Works Trumps Moral Rights Of Heir, Argentine Court Says

In a recent decision, Ediciones de la Flor SA c. Fontanarrosa Franco s. Acción Mere Declarativa (File No. 1420/08), the Court of First Instance in Civil and Commercial Matters No. 12 of Rosario, the second largest city in Argentina, ruled that the rights of the community to access unpublished works of a deceased author are superior to the moral rights of one of his heirs to oppose such publication.

Questions Follow Sharp Rise In Investor-State Disputes, Far-Reaching Cases

At an unprecedented rate, private companies are using "investor-state" provisions in trade agreements negotiated by governments to challenge foreign government regulations, often made on behalf of the public, a United Nations report has found. And the majority of target governments are developing or transition economies, most of the time being challenged by companies in developed countries.