Category Archive: Copyright

Can a TV show format acquire copyright protection?

By Patrick Mitchell and Will Thorman Many years ago the Courts determined that there was no copyright in the format for the “Opportunity Knocks” game show (see Green v New Zealand Broadcasting Corporation [1989] 2 All ER 1056) and since then several other claims to copyright in TV formats have failed when considered under English …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/11/can-a-tv-show-format-acquire-copyright-protection/

CINEMA AND AUDIOVISUAL MEDIA SERVICES: A WIDER PROTECTION FOR EU WORKS

On 2 October 2017, the Italian Council of Ministers approved a new Legislative Decree (“Decree“), aimed at ensuring a wider protection to EU (and Italian) works in the audiovisual media services (“AVMS“) sector. A brief outline of the new provisions is set out below. Share this

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/10/cinema-and-audiovisual-media-services-a-wider-protection-for-eu-works/

AVMSD Reform: Focus on Video-Sharing Platforms

As broadly known, the EU Commission on May 25, 2016 published its proposal for a reform of the audio-visual media services Directive no. 2010/13/EU (“Proposal“, available here).  The Proposal is currently under scrutiny: in particular, the European Parliament’s Committee on Culture and Education on April 25, 2017, voted to amend the Proposal.  The subject matter …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/05/avmsd-reform-focus-on-video-sharing-platforms/

Filmspeler – Sale of “fully-loaded” IPTV boxes and “unlawful use”

By Alastair Mackichan, John Cloke and John Wilks In another welcome decision for content owners and broadcasters, the CJEU has dealt a significant blow to the business models of those individuals looking to profit from the sale of pre-configured media players which provide end-users with hyperlinks to copyright-infringing Internet streams. Share this

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/05/filmspeler-sale-of-fully-loaded-iptv-boxes-and-unlawful-use/

TV Catchup – CJEU gives little air time to retransmission defence

By Alastair Mackichan The Court of Justice of the European Union has put to bed any doubt as to whether section 73 of the Copyright Designs and Patents Act (“CDPA”) is compatible with the EU Copyright Directive. Section 73 provides a defence against copyright infringement for operators of cable platforms in relation to the retransmission …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/03/tv-catchup-cjeu-gives-little-air-time-to-retransmission-defence/

UK: Search engines agree to demote pirate sites in search result listings

By John Wilks and Alastair Mackichan The UK Intellectual Property Office (the “IPO”) announced last month that Google and Bing have agreed to enter into a voluntary code of practice with the UK creative industries (represented by the British Phonographic Industry, the Motion Picture Association and the Alliance for Intellectual Property) (the “Code”). The “Code …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/03/uk-search-engines-agree-to-demote-pirate-sites-in-search-result-listings/

Filmspeler – Advocate General applies linking case law to Internet media players

By John Cloke, John Wilks and Alastair Mackichan Hot on the coattails of the CJEU’s ruling in GS Media (see here), the court’s Advocate General has come down hard on the seller of pre-configured media players which give access to pirated content over the Internet, in his advisory opinion in the Filmspeler case delivered last …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/12/filmspeler-advocate-general-applies-linking-case-law-to-internet-media-players/

China: Michael Jordan finally slam dunks his naming rights claim at the Supreme People’s Court

This is a very important decision because it sets a strong judicial precedent for foreign companies seeking to protect their intellectual property rights in China. On 8 December 2016, overturning the lower court decisions against Michael Jordan in a lengthy trademark dispute in China, the Chinese Supreme People’s Court rules that Jordan owns the legal …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/12/michael-jordan-finally-slam-dunks-his-naming-rights-claim/

Think before you link – CJEU confirms that linking to freely available but unauthorised content can infringe copyright

By Rahool Sarjua and John Cloke Following the string of cases on hyperlinking the CJEU has dealt with in recent years, the court has emphatically confirmed in its judgment in GS Media v Sanoma & Ors that hyperlinking to works that have been made available on the Internet without the authorisation of the copyright owner …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/09/think-before-you-link-cjeu-confirms-that-linking-to-freely-available-but-unauthorised-content-can-infringe-copyright/

Brexit and MSE: Post Brexit Trade Models – Norway (EEA)

By Petter Bjerke As part of our “Brexit and MSE” series, today we look at another possible model of a post -Brexit trading relationship between the UK and the EU based on the agreement between the EU and Norway – one of the territories in the European Economic Area. Share this

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/brexit-and-mse-post-brexit-trade-models-norway-eea/

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