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1 May 2013, 5:04 pm by INFORRM
As a matter of EU law, the CJEU in SABAM v Scarlet has stated that intellectual property rights are neither inviolable nor must be absolutely protected, but must be balanced against other fundamental rights including freedom of expression. [read post]
1 May 2013, 7:11 am
 To what might this loose formula apply in the world of music? [read post]
29 Apr 2013, 9:36 am by INFORRM
As reported by the Inquirer, a state appeals court “upheld the proposition that German privacy laws don’t apply to Facebook, and ruled that the Office of the Data Protection Commissioner (ULD) for the German state of Schleswig-Holstein has to accept that“. [read post]
29 Apr 2013, 9:04 am by Matthew David Brozik
One really doesn’t expect to find interesting decisions on state-court motions to dismiss a party’s fourteenth affirmative defense… and yet here we are, reading with great interest the April 23, 2013, decision of the New York State Supreme Court, Appellate Division, First Department in UMG Recordings, Inc. v. [read post]
28 Apr 2013, 10:39 pm by Shouvik Kumar Guha
S.31D creates a statutory licensing regime that allows compliant broadcasters to broadcast any literary and musical works or sound recordings. [read post]
28 Apr 2013, 7:04 am by INFORRM
The approach articulated by Lord Sumption is the opposite of that stated by Proudman J at first instance: “The exception cannot have been intended to legitimise all copies made in the course of browsing or users would be permitted to watch pirated films and listen to pirated music. [read post]
19 Apr 2013, 9:00 am by P. Andrew Torrez
Finally:  Mondaq has a very nice summary of the Fifth Circuit's recent opinion in Avalon Legal Information Svcs. v. [read post]
18 Apr 2013, 5:39 am by Terry Hart
The first definition is easy to conceive — a band in a concert hall is clearly performing a musical work publicly. [read post]
17 Apr 2013, 6:53 am by Graham Smith
  In that sense the Supreme Court judgment has similarities to the Canadian Supreme Court Copyright Pentalogy and the CJEU decision in Usedsoft v Oracle.The approach articulated by Lord Sumption is the opposite of that stated by Proudman J at first instance: "The exception cannot have been intended to legitimise all copies made in the course of browsing or users would be permitted to watch pirated films and listen to pirated music." [read post]
15 Apr 2013, 7:56 am by INFORRM
Neil Turner v Daily Mail, Clause 1, 12/04/2013; Ms Carina Trimingham v Daily Mirror, Clause 1, 11/04/2013; Ms Carina Trimingham v Metro, Clause 1, 11/04/2013; Bath & North East Somerset Council v The Times, Clause 5, 11/04/2013; Warren Hamilton Daily Mai, Clause 1, 11/04/2013; Catherine Whiteside The Scottish Sun, Clauses 1, 5, 11/04/2013; Ms Lynne Hales v Daily Mail, Clause 6, 11/04/2013; Emilie Sandy v The Citizen (Gloucester) v… [read post]
14 Apr 2013, 12:40 pm
Hence, it is strongly recommended that the European legislature follows the experience of numerous Member States and proposes an obligation to contract with rightholders ... as well as with users... [read post]
12 Apr 2013, 11:19 am by LTA-Editor
Sullivan of the United States District Court for the Southern District of New York issued a groundbreaking ruling denying first sale protection to resellers of digital music. [read post]