Posts Tagged ‘Copyright’

Blocking orders against ISPs legal in the EU: UPC Telekabel Wien

March 30th, 2014

European courts have ordered ISPs to block access to pirate file sharing sites in other countries for years. The jurisdiction for doing so is Article 8(3) of the EU Copyright Directive (Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001) which is transposed into the laws of EU Member States. The courts have considered these orders to represent a reasonable balance between the interests of copyright holders, intermediaries, and end users. See, Keeping The Pirate Bays at Bay.

Copyright law 2013: the year in review

January 17th, 2014

Yesterday, I gave a talk at the Law Society of Upper Canada’s 18h Annual Intellectual Property Law: The Year in Review program. My talk canvassed developments in copyright in Canada, the US and UK in 2013. My slides are shown below. The associated paper prepared in collaboration with Glen Bloom, with the help of others, is available here.

The following copyright cases from Canada, the USA, and UK are dealt with in the slides. The paper has additional Canadian cases.

CANADA

(AOM) NA Inc. et al v. Reveal Group, 2013 ONSC 8014

Cinar Corporation v. Robinson, 2013 SCC 73

Streaming websites blocked in UK: Paramount v Sky

November 18th, 2013

The England High Court recently made an order requiring ISPs to block two linking websites located at www.solarmovie.so (“SolarMovie”) and www.tubeplus.me (“TubePlus”). In doing so, the court in Paramount Home Entertainment International Ltd & Ors v British Sky Broadcasting Ltd & Ors [2013] EWHC 3479 (Ch) (13 November 2013) ruled that the sites, which did not themselves host any content, were nevertheless liable for infringement because they facilitated streaming of content to users by hosting and organizing hyperlinks to the content without consent of copyright owners.

The nature of the sites in issue (the “Websites”) were describe by Justice Arnold as follows:

Is unauthorized online copying theft and does it hurt creators?

October 15th, 2013

Slavish copying of a work protected by copyright without consent is sometimes called theft. There is a long history of this association in the Commonwealth and the United States. In fact, in a leading case, the Privy Council stated that the moral basis of copyright rests on the 8th Commandment “Thou shalt not steal”. Despite the long lineage between unlawful appropriation of copyright material and the concepts of “theft”, “larceny” and “steal”, there are still debates as to whether the term is accurate or appropriate to use in this context. There are also still debates as to whether online piracy hurts creators and the creative industries. The recent US case Tamburo v. Dworkin 04 C 3317 (N.D. Ill. Sept. 26, 2013)  and several recent reports including a brief by the London School of Economics sheds light on both of these debates.

Dr Ficsor on the Marrakesh Treaty

October 10th, 2013

Dr Mihály Ficsor, one of the leading experts on international copyright and the former Deputy Director General of WIPO, has published a comprehensive commentary on the Marrakesh Treaty for access to works for the visually impaired. His synopsis of the paper is as follows:

Private copying levy on death row

September 3rd, 2013

The Copyright Board of Canada rendered its decision on Friday with regards to the Tariff of Levies to Be Collected by CPCC in 2012, 2013 and 2014 on the sale of Blank Audio Recording Media. The decision is notable in a number of respects, most importantly because it portends the end of the levy based private copying regime for music and the beginning of the levy free format shifting regime ushered in with Bill C-11, the Copyright Modernization Act.

The Board decision certified a tariff for years 2012-2014 on eligible blank recording media which largely consist of the aging CD-R, CD-RW, CD-R Audio, and CD-RW Audio formats. The levy rate is 29¢ for each type of media.

Supreme Court takes another copyright case: Canadian Artists’ Representation v National Gallery of Canada

August 16th, 2013

Last July the Supreme Court of Canada released five copyright decisions. In December of last year the Supreme Court heard the appeal in Robertson v Cinar copyright case. The decision of the Court in that case is due any time now. The Supreme Court obviously couldn’t be without any copyright cases. So, yesterday it granted leave in yet another case, Canadian Artists’ Representation/Front des artistes canadiens et al. v. National Gallery of Canada.

Aereo heading to the US Supreme Court?

July 18th, 2013

Aereo’s business model of re-transmitting TV broadcasts without a license infringes copyright and should be shut down. Its business model is a “sham” designed to capitalize on perceived loopholes in the US Copyright Act. This was the opinion of Circuit Judge Chin in his dissent in WNET, Thirteen v. Aereo, Inc 2013 WL 1285591 (2nd.Cir.Apr, 1, 2013). He re-iterated these same views in a scathing dissenting opinion disagreeing with his brethren in the Second Circuit who denied a motion to re-hear the case en banc.

Computer and Internet Law Weekly Updates for 2013-06-23

June 23rd, 2013

Computer and Internet Law Weekly Updates for 2013-06-16

June 16th, 2013