The e-books case pushing lending laws into the digital age

Whether or not the public lending of e-books is treated in EU copyright law in the same manner as the public lending of traditional books has been a relatively contentious topic among EU member states.

This is an important question as there are certain rules, benefits and obligations set out in EU copyright law regarding the rental and lending of copyright works, particularly for the authors of those works.

Source: The e-books case pushing lending laws into the digital age

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BMI Rate-Court Judge Rules Against Dept. of Justice’s ‘100 Percent’ Licensing Decision 

In a surprise move, BMI’s rate court judge ruled on Friday that fractional licensing is allowed under the consent decree the performing-rights organization operates under, according to a statement from BMI.

According to Stanton’s ruling, “The consent decree neither bars fractional licensing nor requires full-work licensing,” which is the exact opposite of what the DOJ argued when it gave ASCAP and BMI one year to employ full-works licensing.

Source: BMI Rate-Court Judge Rules Against Dept. of Justice’s ‘100 Percent’ Licensing Decision | Billboard

EU may require YouTube, DailyMotion to seek deals with music industry 

The European Commission, the EU executive, is looking at imposing an obligation on platforms hosting user-uploaded content — such as YouTube, Vimeo and DailyMotion — to seek agreements with rights holders “reflecting the economic value of the use made of the protected content”, according to a draft paper, seen by Reuters, listing the preferred options for the EU’s copyright reform.

The Commission also wants online sharing platforms to put in place “appropriate and proportionate measures, such as content identification technologies, to ensure the functioning” of the agreements with rights holders.

Source: EU may require YouTube, DailyMotion to seek deals with music industry | Reuters

An unfortunately typical French initiative – Disruptive Competition Project

eiffel-tower-paris-france_mainAmong intense weather considerations about the wettest spring on record for the past century and shock over Brexit, the French Parliament adopted at the end of June a little-noticed measure in the Freedom of Creation Act… with a very big potential impact: a new royalty for the indexing of images on the Internet in France.

It is still too early to understand the full impact of this measure. However, it is quite clear that “many online services and mobile apps, from search engines to creative commons models and Europeana” will be impacted, as stated by several digital associations, including CCIA. “Basic, everyday activities of online users such as posting, linking and embedding photos online, [will] be subject to a cloud of legal uncertainty”.

Source: An unfortunately typical French initiative (Plus Ca Change, Plus C’est la Même Chose) – Disruptive Competition Project

Hollywood Studios: VidAngel Threatens the Legitimate Streaming Market 

Disney, LucasFilm, 20th Century Fox and Warner Bros. sued VidAngel in June, claiming the company is blatantly violating their rights by masquerading an unauthorized streaming service as a mission to clean up Hollywood content.

VidAngel fired back in July, accusing Hollywood studios of engaging in a “conspiracy to restrain the market for online filtering services,” and arguing that its service is protected by the Family Movie Act of 2005, the first-sale doctrine and fair use. Now the studios are arguing that VidAngel’s defenses are meritless and the court should issue a preliminary injunction.

Source: Hollywood Studios: VidAngel Threatens the Legitimate Streaming Market | Hollywood Reporter

Digital Asset to Open Source Smart Contract Language 

Digital Asset Holdings has announced it intends to open-source DAML, the smart contracting language it acquired from startup Elevence earlier this year.

Though no date has been set for the transition, the Blythe Masters-led blockchain startup credited its bid to “advance industry adoption” of the tech as the impetus for the move.

Source: Digital Asset to Open Source Smart Contract Language – CoinDesk

ISPs may face ‘huge liabilities’ for music use after BMG’s $25m payout from Cox 

biz+-+copyrightEastern Virginia District Court dismissed Cox’s appeal of an earlier verdict, which ordered Cox to pay BMG $25m in damages for copyright infringement.

The court decided that Cox did not do enough to stop users pirating music from BMG, and therefore did not qualify for Digital Millennium Copyright Act (DMCA) ‘safe harbor’ protections. Crucially, BMG provided evidence that it had identified individual infringers and then alerted Cox to their wrongdoing.

Source: ISPs may face ‘huge liabilities’ for music use after BMG’s $25m payout from Cox – Music Business Worldwide