Enjoy the latest copyright news!
Lesley
Lesley Ellen Harris
[email protected]
FROM THE OFFICES OF LESLEY ELLEN HARRIS
Copyright, New Media Law & E-Commerce News
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Vol. 10, No. 1, January 11, 2006
ISSN 1489-954X
Contents:
1. Studies, Legislation and Conventions:
Australia to Legalize Personal Copying
EC Examines Database Directive
France Could Sanction Free Online Downloads
2. Legal Cases:
Cartoonist Sues Amazon for Breach of Copyright
Music Publishers Target Unlicensed Sheet Music
Canadian Copyshop Owner Gets Prison Sentence
National Geographic CD-ROM Decision to Stand
UK Artists Seek Increased Royalties for Music Downloads
3. Of Interest:
Number of Music File-Swappers Falls
Access Copyright Call for Testimonials
4. Publications and Seminars:
Winter/Spring 2006 Online Courses
Copyright & New Media Law Newsletter
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Copyright, New Media & E-Commerce News is distributed for free by the office
of
Lesley Ellen Harris. Information contained herein should not be relied upon
or
considered as legal advice. Copyright 2006 Lesley Ellen Harris. This
newsletter
may be forwarded, downloaded or reproduced in whole in any print or
electronic
format for non-commercial purposes provided that its author is acknowledged
and
that you cc: [email protected].
This e-letter, from 1996 to the present, is archived with Library & Archives
Canada at: http://epe.lac-bac.gc.ca/100/201/300/copyright/
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1. STUDIES, LEGISLATION AND CONVENTIONS:
AUSTRALIA TO LEGALIZE PERSONAL COPYING - The Australian government is set to
legalize personal copying, such as videotaping television shows and copying
songs from CDs to MP3 players. The introduction of fair use provisions will
mean that Australians will no longer be breaking the law each time they tape
a
TV show or copy music. The government has yet to decide whether to introduce
a
levy on blank recording media such as CDs and iPods.
EC EXAMINES DATABASE DIRECTIVE - A recent European Commission study examined
the
effectiveness of its database directive, which was introduced to stimulate
database production. The EC found that, since the implementation of its
directive, which created a broad intellectual property right on the
compilation
of facts, database production in the European Union has actually fallen
slightly.
FRANCE COULD SANCTION FREE ONLINE DOWNLOADS - The French Parliament voted in
late December 2005 to pave the way for legalizing peer-to-peer downloading
of
copyright-protected music and movies. French law currently includes a
concept
called "private copy", which allows people to copy music and other content
for
themselves and their friends, and although a French court recently held that
downloaded music does meet the "private copy" definition, the amendment
would
codify and solidify this decision. The Association of Audionauts, a group
representing some 100 people accused of illegal file-sharing, is proposing a
royalty tax on Internet Service Providers to compensate copyright-holders.
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2. LEGAL CASES:
CARTOONIST SUES AMAZON FOR BREACH OF COPYRIGHT - Robert Crumb, the
counterculture artist behind characters such as Fritz the Cat, has filed a
copyright infringement lawsuit against Amazon.com. Amazon were displaying
Crumb's famous "Keep on Truckin' " image whenever an item was not in stock,
with instructions to keep searching. Although Amazon has since removed the
image, the parties have been unable to agree upon a figure for damages.
MUSIC PUBLISHERS TARGET UNLICENSED SHEET MUSIC - The Music Publishers'
Association ("MPA") is to send "cease and desist" letters to commercial Web
sites that offer copyright-protected print music. The planned action marks
the
first time that the MPA has adopted a collective approach to alleged
copyright
infringement by commercial Web sites.
CANADIAN COPYSHOP OWNER GETS PRISON SENTENCE - Riaz Lari, owner of the
UCompute
copyshop in Montreal, was sentenced to six months in prison for violation of
previous court orders to stop selling illegally photocopied textbooks.
Lari's
sentence was suspended on condition that he complies with a permanent
injunction that prohibits him from selling the photocopied textbooks.
NATIONAL GEOGRAPHIC CD-ROM DECISION TO STAND - The U.S. Supreme Court has
refused to review a ruling that allowed National Geographic to reproduce
images
in a CD-ROM format. The U.S. Court of Appeals decision, which held that the
CD-ROM was a revision of an existing work rather than a new work, had been
challenged by freelance photographers, who claimed that the addition of new
materials made the CD-ROM a new work.
UK ARTISTS SEEK INCREASED ROYALTIES FOR MUSIC DOWNLOADS - Songwriters in the
UK
are asking the UK copyright tribunal to award them between 7 pence and 9
pence
for every music track downloaded from the Internet. The composers currently
receive 5 pence a track, and the British Phonographic Industry wants to cut
this amount to 2 pence.
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3. OF INTEREST:
NUMBER OF MUSIC FILE-SWAPPERS FALLS - The number of Americans illegally
swapping
music online has dropped by 11% since the 2005 Supreme Court decision in
Grokster, according to pollsters NPD Group. However, the number of files
swapped has stayed the same, suggesting that although some casual
downloaders
may have stopped file-swapping, the most active sharers remain online.
ACCESS COPYRIGHT CALL FOR TESTIMONIALS - Access Copyright, the Canadian
copyright licensing agency, is calling for testimonials to emphasize that
copyright is about people, not numbers. Testimonials and photos, which will
be
used in the Access Copyright annual report and in other publications, can be
e-mailed to: [email protected].
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4. PUBLICATIONS AND SEMINARS:
WINTER/SPRING 2006 ONLINE COURSES - Between January and June 2006,
Copyrightlaws.com is offering six online courses:
. U.S. Copyright Law - A primer on U.S. copyright law
. Canadian Copyright Law - A primer on Canadian copyright law
. Managing Copyright Issues - An advanced course on managing all types of
copyright-protected works
. Digital Licensing Online - An in-depth look at the clauses in a digital
licensing agreement and how to negotiate license agreements
. Digital Content Management - An advanced course on the legal, strategic
and
practical implications of using, publishing and re-distributing licensed
digital content
. International Copyright Law - A mini course for those who need to know the
basics of international copyright law from a practical perspective.
For further information on these courses, e-mail:
[email protected].
To register, go to: http://www.acteva.com/go/copyright.
COPYRIGHT & NEW MEDIA LAW NEWSLETTER - The Copyright & New Media Newsletter
is
now in its tenth year of publication. It is a unique print publication
designed to keep readers informed of the latest developments in copyright
law.
Subscribers receive a 12-page print newsletter 4 times a year, and frequent
e-mail alerts in between newsletters. A free sample issue is available to
anyone interested in a 2006 subscription - please e-mail
[email protected].
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This newsletter is prepared by Lesley Ellen Harris, a Copyright Lawyer and
Consultant. Lesley is the author of the books Canadian Copyright Law
(McGrawHill), Digital Property: Currency of the 21st Century, and Licensing
Digital Content (ALA Editions). Lesley can be reached at
[email protected], and at: http://copyrightlaws.com.
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This LEH-Letter issue was prepared with the help of Beth Davies.
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