2016 The Copyright Year

2016 - it's been some other frantic copyright twelvemonth - too buzz words too themes for the twelve months included 'the value gap' betwixt the content industries too the applied scientific discipline giants, linking, that 'new public', fair use, 'transformative' art, too the ongoing reform of copyright laws - inward Europe, too inward item reforms to the Digital Millennium Copyright Act inward the USA. Here at the 1709 Blog nosotros welcomed our start e'er interns inward Oct - too they are blogging already - so give cheers yous Tibbie McInytre too David Liao - the CopyKat is grateful to them both for their continued stroking too petting. So, onwards too upwards - we've got monkeys too pirates, tattooists too cheer leaders, turtles too trolls, too Trekkies too transformers taste on our way to the year's denouement. 

Naruto past times ?

The twelvemonth kicked of with the intelligence that the monkey was back! PETA, the non for turn a profit organization that campaigns to for animals' rights, failed inward its endeavour to acquire copyright inward the infamous monkey selfie transferred to the dark macaque monkey Naruto, who took the snap.  US District permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create filed a copyright infringement suit against notorious 'appropriation artist' Richard Prince, the Gagosian Gallery, too its possessor Larry Gagosian. Graham claimed that Prince used the “Rastafarian Smoking a Joint” photograph without permission inward the New Portraits exhibition. Prince presented inkjet prints on canvases of images he had constitute on Instagram, consummate with his ain comments every bit @richardprince4nd. 

permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create decided that YouTube too its service cannot move called to describe concern human relationship for whatever user generated copyright infringements. Instead, the judges constitute that the sole responsibleness lies with private uploaders, fifty-fifty though High German collection social club GEMA was keen to dot out "YouTube generates substantial economical profits past times making the videos available". Based on this decision, YouTube is currently non held financially accountable inside the electrical flow legal framework when plant protected past times copyright are used on the platform. But read on! In the USA, despite a $25 meg rebuke past times a federal jury inward Dec 2015 for contributing to piracy on its Internet service, Music publisher BMG said that Cox Communications had non learned its lesson. BMG said Cox's network continued to move used past times its customers for massive copyright infringement, undermining BMG's music sales. The fellowship asked U.S. District Judge Liam O'Grady inward Alexandria, Virginia, to grant a permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create a novel articulation venture focusing on serving all PPL too PRS for Music United Kingdom of Great Britain too Northern Ireland of Britain too Northern Republic of Ireland world performance licensing customers for both music too audio recording rights. And finally this month, The U.S. Department of Commerce’s Internet Policy Task Force permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create published a White Paper on Remixes, First Sale, too Statutory Damages which addressed iii issues: (i)  the legal framework for the creation of remixes; (ii) the relevance too orbit of the start sale doctrine inward the digital environment; too (iii) the application of statutory damages inward the context of private file-sharers too secondary liability for large-scale online infringement.

Phasers to kill

In March UK tape label association the BPI said that its members had issued to a greater extent than than 200m takedown requests to Google for removal of copyright infringing links inward but twelve months. The BPI, which represents the iii major recorded music labels, Universal, Sony too Warner every bit good every bit many independent labels, sent its start takedown asking to Google inward July 2011. In 2015 the BPI sent 65m takedown requests too said they are now, mayhap understandably, calling for a to a greater extent than permanent solution. Donald Trump’s presidential have was sued past times an award-winning wild fauna photographers who said Trump's squad were using their copyright-protected icon of an American bald eagle without permission. Attorneys for Wendy Shattil too Robert Rozinski permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create internet access providers (ISPs) too search engines were obliged to block access and/or take links to pirate sites too reversed the trial court's determination that the rightsholders (here painting demo companies) had to ship the costs associated with the implementation of such measures, with the appellate courtroom finding that such costs should move borne past times the ISPs.  In the 'Star Trek' case,  the Star Trek rights holders came dorsum with an permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create amended complaint that listed many of the alleged specific instances of infringement past times the makers of Prelude to Axanar of what they say are copyrighted elements inward Star Trek itself: These include the linguistic communication too civilization of alien races such every bit the Klingons too Vulcans, the cowl-neck uniform that Majel Barrett wore every bit the Enterprise’s start officeholder inward the original serial episode The Cage, too the concept of “Stardate." Some 57 instances of infringement were listed inward the amended complain including the concept of dilithium crystals too phasers. Appropriation artist' Richard Prince permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create responded to the recently-filed copyright infringement lawsuit, claiming he should move shielded from infringement charges because his utilisation of others’ copyright-protected images amounts to fair use. Prince asked the Southern District of New York courtroom to dismiss the representative with prejudice every bit it was an endeavour to ‘essentially re-litigate’ his controversial fair utilisation victory against some other lensman Patrick Cariou. And John updated us on non 1 but ii world consultations on copyright, one from Brussels too 1 from the United Kingdom of Great Britain too Northern Ireland of Britain too Northern Republic of Ireland 's IPO. The Brussels offering was a consultation on ii things, the purpose of the publisher too the "panorama" right, too the IPOs a further consultation too technical review "on changes to Section 72 of the Copyright, Designs too Patents Act 1988 (which permits the gratuitous world showing or playing of a celluloid contained inward a broadcast)."

What is the Klingon for
'Copyright' ?

In Apr the decade-long legal struggle over Google’s travail to create a digital library of millions of books appeared to move finally over when the Supreme Court declined to hear a challenge from authors who had argued that the tech giant’s projection was ‘brazen violation of copyright law’, effectively ending the legal battle inward Google’s favour. Without the Supreme Court taking upwards the case, a federal appeals courtroom ruling from October, which constitute that the book-scanning plan cruel nether the umbrella of fair use, stood. Following on from march's reports on the 'Star Trek' case,  permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create Marie-Andree wrote an first-class piece on whether or non the Star Trek rights owners were correct to debate that the Klingon Language, “Klingonese or Klingon, the native linguistic communication of Qo’noS” could move protected past times copyright. Could it? Well Marie-Andree cited that 1879 case  Feist Publications, Inc. v. Rural Telephone Service Co., where the USA Supreme Court ruled that a compilation of facts may move protected past times copyright but exclusively if such selection, coordination too organization is original enough: would that comprehend an invented language?  Well a modicum of originally suffices! And the vocal that inspired 1 of America’s greatest liberty fights was made the dependent patch of a battle over its own. Influenza A virus subtype H5N1 California non for turn a profit organization permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create use of Klingon on this Blog - give cheers yous qurgh lungqIj for your wise too lucid comments. You powerfulness laid out to suspect in that location is to a greater extent than than 1 Trekkie writing for this Blog .........

Is sampling dorsum inward vogue?

June began with the intelligence that The Court of Justice of the European Union (CJEU) had been asked to say whether the making available of TV broadcasts inward rehabilitation centres should move regarded every bit an deed of communication to earth inward permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create Reha Training, C-117/15, essentially asking whether the making available of TV broadcasts past times agency of TV sets on the premises of a rehabilitation centre cruel inside the orbit of Article 3(1) of the InfoSoc Directive too Article 8(2) of the Rental too Lending Rights Directive; The Grand Chamber's judgment substantially confirmed the Opinion of Advocate General Bot, although non relying on the iv elements indicated therein. The Court highlighted that in that location are some differences betwixt relevant provisions inward the InfoSoc and Rental too Lending Rights directives. However, it concluded that in that location is no evidence that European Union legislature intended the concepts of 'communication to the public' differently inward these ii pieces of legislation. Here the courtroom constitute on the facts that the operator of a rehabilitation centre had deliberately transmitted protected plant to patients past times agency of TV sets installed inward several places on the premises. As such, he was committing an 'act of communication' and; The patients of a rehabilitation centre constitute a 'public' that tin taste the plant broadcast past times agency of TV sets cheers to the indispensable intervention of the centre operator; This world is also 'new' inward that it was non taken into describe concern human relationship past times the relevant copyright owner. In some other case, the inquiry of whether an Internet service provider loses its rubber harbour protection because, upon obtaining actual noesis or awareness of third-party illegal content, it has non acted expeditiously to take or disable access to such content was posed. The Tribunale di Roma (Rome Court of First Instance) had to decide, too having looked at a hit of precedents held that (on the facts) the accused Internet service provider should move liable for the damages caused to the claimant past times such delay. Influenza A virus subtype H5N1 bulk of the U.S. ninth Circuit Court of Appeals permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create decided that Madonna did non violate copyright law when her producer allegedly used a curt department of music taken from some other recording for her hitting vocal “Vogue”, casting doubtfulness on the strict approach taken past times the sixth Circuit Court of Appeals inward the leading representative of Bridgeport Music, Inc., et al. v. Dimension Films. Guns due north Roses too directly AC/DC frontman Axl Rose filed half dozen DCMA accept downwards notices inward what was widely seen every bit an endeavour take an unflattering photograph of him from a 2010 Canadian concert from the web. And permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create TechDirt reported on ii to a greater extent than decisions from the USA courts that confirmed that "legal threats against alleged infringers, based on "nothing to a greater extent than than IP addresses", volition non succeed inward the courts.  In the start case, New Bailiwick of Jersey Judge Kevin McNulty disagreed with Malibu Media's asking for default judgment, pointing out that the limited information it was working with could non dominion out a successful defense beingness raised past times the accused infringer too Oregon Magistrate Judge Stacie Beckerman said that every bit exclusively facts the Plaintiff pleaded inward back upwards of its allegation virtually an alleged infringer was that he was the subscriber of the IP address used to download or distribute the movie, too that he was sent notices of infringing activity to which he did non response "is non enough". And befuddled past times lies, exaggerations, suppositions too multiple nonsense advanced past times politicians too commentators of all hues, England voted for Brexit. 

Black too gold

July saw novel copyright legislation come upwards into resultant inward Cayman to provide greater legal protection for Cayman’s musicians, visual artists too others inward the creative fields, the start pace inward modernising intellectual holding legislation. Australia’s Full Federal Court confirmed digital information streams are non protected past times the Copyright Act. The courtroom upheld Justice Annabelle Bennett’s Dec 2014 ruling that held that copyright did non subsist inward digitally streamed broadcasts. Commissioner of Taxation v Seven Network Limited revolved closed to whether payments made to the International Olympic Committee for broadcasting rights past times Seven were royalties too thus taxable. The courtroom constitute that “a cinematograph celluloid inward which copyright subsisted nether the Copyright Act is non made until the start re-create is made” too that in that location was no way for the broadcast to move reproduced without an external receiving device. And inward a fascinating contribution our invitee blogger Divya Mirlay (Christ College, Bangalore) looked copyright inward colours - too the specific copyright implications surrounding Vantablack - the blackest of all blacks.

In August, tattoo artists Solid Oak Sketches lost an of import battle inward their claim against the animators behind the NBA 2K video game serial - which characteristic  several NBA stars including James, Kobe Bryant too Eric Bledsoe - tattoos too all! The tattoo designers were seeking actual damages inward an amount to move determined at trial, or statutory damages too attorneys' fees — but a New York federal estimate Laura Taylor Swain ruled out the latter proverb "[I]n monastic enjoin to obtain statutory damages too attorneys' fees, a plaintiff must have got registered its copyright prior to the alleged infringement" too the copyrights inward the tattoos were non registered until 2015 - AFTER the alleged infringements began. Cox Communications were ordered to pay that $25 meg dollar punishment for copyright infringements to the music rights management fellowship BMG past times a federal judge. The ruling follows the before jury determination which constitute Cox liable for illegal painting demo too music downloads past times its customers. The company's demeanour amounted to wilful infringement of copyright inward the eyes of the jury. The Eastern Virginia District Court permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create dismissed Cox’s appeal of the before verdict, too ordered Cox to pay upwards - a ruling which may have got widespread repercussions for online copyright infringement inward the USA every bit the courtroom decided that Cox did non do plenty to halt users pirating music from BMG, too thus did non qualify for Digital Millennium Copyright Act (DMCA) ‘safe harbor’ protections. And it came every bit no surprise that Pharrell Williams, Robin Thicke too TI permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create filed their appeal against the verdict inward the 'Blurred Lines' representative that saw them ordered to pay $5.3m (reduced from $7.3 million) too pay over 50% of songwriting too publishing revenues to the household unit of measurement of Marvin Gaye, after a jury ruled in conclusion twelvemonth that their vocal copied Gaye’s 1977 hitting 'Got to Give It Up'.

September's headline inward Europe was the determination inward GS Media (C-160/15) too Eleonora reported that the European Union Court of Justice had decided permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create that hyperlinking to content placed online elsewhere is a communication to earth if the hyperlinker had (or should have got had) noesis that the content had been posted online without the consent of the copyright holder. According to the judgment, the Court had liberty of appear too information inward take heed with its ruling. By requiring noesis of the illegal nature of the content referred to, meshwork users linking to it inward expert religious belief are meant to move protected. To residual things out, however, the Court also held  that noesis that the content the link refers to is illegal must move presumed iuris tantum (i.e. until rebutted) if the posting of hyperlinks “is carried out for profit”.  Opermanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create ver on the IPKat Eleonora posted 1 of her regularly updated too extremely useful tables on linking too copyright (see above!). Staying inward Europe, the European Commission published their Digital Single Market copyright reform proposals, including a draft Directive of the European Parliament too Council on copyright inward the Digital Single Market. The proposed Directive, amongst the ‘Regulation of the European Parliament too Council laying downwards rules on the practice of copyright too related rights applicable to sure online transmission of broadcasting organisations too the re-transmission of tv set too radio programmes’, stand upwards for the European Commission’s efforts to modernise the copyright framework inward monastic enjoin to farther realise the European Digital Single Market. In announcing the publication, President Junker said: “Artists too creators are our [Europe’s] crown jewels” going on to say “I desire journalists, publishers too authors to move paid fairly for their work.” There were permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create many many responses! And so permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create even more! 

In October, Marie-Andree updated us  on the operate of the permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create Commission of European Affairs of the French lower Chamber, the Assemblée Nationale who had been looking af study on copyright protection inward the European Union, written past times Representatives Marietta Karamanli too Hervé Gaymard (the Rapporteurs). And what did the Rapporteurs suggest? Well highlights included an opposition to Julia Reda's proposition to promote the mandatory harmonisation of exceptions of the rights of reproduction too communication to earth inward all the Member States: the Rappurteurs were suspicious of the American concept of 'fair use', because it is unpredictable too “potentially unfavourable to creation” too is fifty-fifty “likely to have important impairment to the authors” too they "welcom[ed] the proposal for a regulation for cross-border portability of content, which volition allow users to enjoy, wherever they are inward the territory of the Union, the programs to which they subscribed inward their State of habitual residence. But they stress the thought that portability should move strictly temporary, too that temporality must move a precise definition, without which the short town would disproportionately infringe the regulation of territoriality of rights, which is the base of operations of the financing scheme for the creation, notably inward France.” Marie also added some other flavor of France, when the French constabulary for a Digital Republic (Loi pour une République Numérique) finally came into forcefulness on Oct 7th. Article 39 modifies article L. 122-5 of the French intellectual holding Code, too directly recognises some limited liberty of panorama rights - so it is directly legal inward French Republic to reproduce too to represent, without having to secure the potency of the copyright holder, “architectural plant too sculptures, located permanently on world roads, made past times natural persons to the exclusion of commercial uses." Following on from the turmoil too tussles for the writers of "Blurred Lines" too "Stairway" to Heaven, inward her start CopyKat, Tibbie updated us on Ed Sheerhan's attempts to have got a $20 meg lawsuit over the copyright inward his hitting "permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create exhaustion of distribution rights inward reckoner software does non apply to back-up copies.  The Music Managers Forum published 'Dissecting the Digital Dollar Part 2' proverb "While recognising that tape companies move on to brand important investments inward novel music, many inward the music community believe that in that location needs to move a frank conversation virtually how streaming income is shared" too "Many people felt that the percentage received past times heritage artists, session musicians too songwriters needs item consideration, too that a ‘performer equitable remuneration’ scheme similar that that operates inward the radio sector too the ‘contract adjustment mechanism’ proposed inward the draft European copyright directive powerfulness move ways to address some of these concerns". In permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create Verwertungsgesellschaft Rundfunk GmbH v Hettegger Hotel Edelweiss GmbH, C-641/15, Advocate General Szpunar opined that "the communication of a tv set or radio signal through tv set sets installed inward hotel rooms does non constitute communication to earth of the broadcasts of broadcasting organisations inward a house accessible to earth against payment of an entrance fee inside the pregnant of that provision." And on the 31st Oct the inquiry of what is the appropriate examine to determine whether a characteristic of a “useful article” is copyrightable nether the Copyright Act was posed to the Supreme Court in Star Athletica, LLC v. Varsity Brands, Inc. We await the resultant with interest.

Transformed?

In November,  the Court of Justice of the European Union (CJEU) issued permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create its decision in Soulier too Doke, C-301/15 which held that Article 2(a) too Article 3(1) of the InfoSoc Directive must move interpreted every bit precluding national legislation that gives an approved collecting social club the correct to authorise the reproduction too communication to earth (here out-of-print books) too NOT authors with the correct to authorise the making of acts restricted past times copyright is incompatible with European Union law.  The French Cour de cassation, France’s highest judiciary court, held on that a corporation cannot have got moral rights over a work, fifty-fifty if it had commissioned the operate or if the operate was created past times 1 of its employees.  Roosa Tarkiainen (University of Southampton) penned an first-class update on the CJEU's determination inward Microsoft which examined the regulation of digital exhaustion every bit permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create applied to reckoner programmes, with Roosa opining that the determination "confirmed the dominion inward UsedSoft that distribution rights inward reckoner programs are extinguished upon sale, allowing for the creation of a secondary marketplace seat for these programs nether Article 4(c) of the Software Directive. "Although questionable on technical grounds, the Court was ultimately carrying out the hard balancing deed betwixt giving resultant to gratuitous motion inward the internal marketplace seat through the regulation of exhaustion, too protecting the rightholder – inward this representative from beingness undercut past times criminal activities.”  Richard Prince was sued past times yet some other lensman over the utilisation of a photograph inward his New Portraits series. This representative is permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create Eric McNatt v. Richard Prince, 1:16-cv-08896, Southern District of New York (SDNY). The representative was brought past times the founding fellow member too bassist of Sonic Youth, who says Prince downloaded his photograph from the web, where it had been published with a copyright notice, too uploaded it on his ain Instagram account.  Prince has since deleted this account. It is claimed that Prince so wrote iii lines of comments nether the photograph:  “Portrait of Kim Gordon,” so “Kool Thang You Make My Heart Sang You Make Everythang Groovy” too finally added a string of music-related emojis. The Donald Graham v. Richard Prince representative filed inward Jan was of course of study soundless pending at the SDNY, too inward Nov attorneys for Graham sent a missive of the alphabet to Judge Sidney Stein from the SDNY to alarm him of the determination in TCA Television Corp. v. McCollum Second Circuit representative (2nd Circ. Oct. 11, 2016), which, inward their view, “undermines Defendants ‘motion to dismiss on fair utilisation grounds.” BUT - nosotros soundless do non have got a “so transformative it is fair use” test. In England, the latest representative against a publican who used a unusual decoder bill of fare to demo Premiership football game was decided with David telling us that the Court of Appeal maintained the distinction betwixt the lawful enforcement of intellectual holding rights from whatever alleged anti-competitive agreements betwixt FAPL too unusual broadcasters to confine the render of unusual commercial cards exterior the territory inward which that broadcaster operates in permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create The Football Association Premier League Limited v Anthony William Luxton, dismissing the publican's appeal. YouTube too High German collection social club GEMA finally reached a permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create licensing agreement - pregnant High German consumers tin directly finally (legally) utilisation YouTube to flow music videos. And finally - members of 1960s stone grouping The Turtles settled their activity against Sirius XM inward California over what the band claimed were unpaid royalties for the utilisation of 'Pre 1972' copyrights - but this was most for sure NOT the destination of this long running saga.

The Turtles have got kept us busy

So to December, too Mirko Brüß (Rasch) alerted us to the fact that the Regional Court of Hamburg (Landgericht) had but provided us with a determination that appears to move the start ruling from Federal Republic of Federal Republic of Germany to apply the GS Media principles [Case no. 310 O 402/16] too the permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create court came to the conclusion that (commercial) linking to unauthorised content is infringing, fifty-fifty when it is quite hard to determine the infringing nature of the operate that is beingness linked to finding that the accused operated a website for commercial gain on which he had linked to a operate that was non (in this form) published with the rightholder’s consent, the courtroom concluded that the accused had "infringed the claimant’s correct of communication to the public."  There was a permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create Swedish application of GS Media too, inward a representative involving a video of a bungee jump, a snapped cord too a plunge into crocodile infested waters! The Center for International Intellectual Property Studies (CEIPI) published its permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create Opinion on the proposed European Commission’s copyright reforms, focusing on the introduction of neighbouring rights for press publishers inward European Union constabulary too final that the European Union should "refrain from advancing this legislative action.” Academic publishing houses OUP too CUP suffered yet some other defeat inward Bharat inward their litigation against Delhi University too a photocopy store when a permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create Divisional Bench of the Delhi High Court ruled against them on appeal - on the grounds that photocopying for educational utilisation was covered nether Section 52(1)(i) of the Copyright Act, 1957 - which states that the “the reproduction of whatever work—(i) past times a instructor or a educatee inward the course of study of instruction” shall non move considered every bit an infringement of copyright. The Central District of California Court permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create heard both parties inward the Paramount v. Axanar case. Plaintiffs Paramount Pictures too CBS Studios moved for partial summary judgment for direct, contributory too vicarious copyright infringement claims against Axanar Production too its possessor Alec Peters. The Defendants moved for summary judgment - noting the “longstanding tradition of Star Trek [f]an [f]iction”,  and 1 declaration is that their celluloid is "transformative - going where no human being has gone before”. Andy brought us upwards to appointment with the most world of all the copyright trolling sagas  - hither the intelligence that the ii surviving attorneys behind the 'Prenda Law' operation, Paul R Hansmeier too John L Steele, who had already repeatedly annoyed numerous USA Judges, were directly facing permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create federal indictment on charges of wire fraud, mail fraud, conspiracy to commit mail fraud too wire fraud, conspiracy to commit perjury too suborn perjury, too conspiracy to commit coin laundering. And yet permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create another determination inward the 'Turtles' cases - here New York's highest courtroom ruling that Sirius XM does non have got to acquire permission, or pay compensation, to the owners of pre-1972 music recordings inward monastic enjoin to play their tracks - The Court of Appeals determined that New York mutual constabulary does non recognise a "public performance right" inward their determination inward Flo & Eddie v. Sirius XM Radio, overturning Southern District Judge Colleen McMahon's determination which had denied Sirius' displace for summary judgment inward 2014, when McMahon constitute that New York mutual constabulary did provide a public-right performance. which at the fourth dimension concurred with the ruling past times U.S. District Judge Phillip Gutierrez inward California that California state law, every bit it is written, gives the possessor of master copy recording exclusive performance rights. This though, was contrary to the ruling past times U.S. District Judge Darrin Gayles inward Florida who ruled inward favour of SiriusXM's, proverb he understood why his judicial colleagues inward other states ruled differently, noting that California too New York are creative centres of culture, too laws have got been enacted in that location to protect artistic rights, but that in that location was no legislation or representative constabulary supporting such a holding correct inward Florida too nor would he create one, proverb that is the task of the Florida state legislature. The bulk of New York's senior courtroom has directly taken the same approach - in that location is no such world performance correct inward New York state - too they were non virtually to create one. 

Donald Trump by Gage Skidmore

As the twelvemonth ended the content owners, included painting demo companies, permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create publishers, recorded music labels, games companies too tv set groups continued to press for “strong protections for intellectual holding rights”. Nineteen USA music manufacture organisations delivered permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create 2016 Copyright Awards on the permanent injunction to forcefulness Cox to halt the illegal file sharing proverb  “Now, to a greater extent than than a calendar month later, Cox’s network continues to move the site of massive, ongoing infringement of BMG’s copyrights” too  “This ongoing infringement inflicts irreparable harm on BMG.” For its portion Cox wanted the jury's determination reversed every bit "a thing of law". In the UK, PRS for Music too Phonographic Performance Limited (PPL) confirmed that, next a strategic review commenced inward 2015, the ii companies would create IPKat here. 

And here's a link to the EFF's This Year inward U.S. Copyright Policy: 2016 inward Review


As e'er - readers volition have got their ain views on what should (or mayhap should not) move inward the copyright year. The CopyKat writes from a UK/US, music manufacture too mutual constabulary perspective: So delight allow us know if yous remember something of import is missing - comment is gratuitous on the 1709 blog, but delight move polite too thoughtful!