Category Archive: Copyright

Deal or no-deal? Implications for Copyright laws in the event of a no-deal Brexit

By Ruth Hoy, John Wilks and Sam Mitchell 26 September 2018 BACKGROUND This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a …

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Permanent link to this article: https://blogs.dlapiper.com/mediaandsport/2018/09/deal-or-no-deal-implications-of-a-no-deal-brexit-for-uk-ip-laws-copyright/

Filing of a literary work in court proceedings constitutes a breach of the Swedish Copyright Act

The Swedish Patent and Market Court of Appeal have ruled that the act of electronically submitting a short novel to the court as evidence in a court case constitutes an unlawful reproduction of the work and in breach with the Swedish Copyright Act. However, the filing of the work was not considered as a communication …

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Permanent link to this article: https://blogs.dlapiper.com/mediaandsport/2018/02/filing-of-a-literary-work-in-court-proceedings-constitutes-a-breach-of-the-swedish-copyright-act/

SCOTUS invites Solicitor General’s position on copyright registration pre-suit requirement

By Tamar Duvdevani and Matthew Ganas (with contributions from Michael Varrige) The Copyright Act (the “Act”) permits copyright holders to bring civil infringement actions in federal district courts to enforce the exclusive rights provided under the Act, namely, the rights to reproduce, distribute, display, publicly perform, and create derivatives of an original work of authorship.  …

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Permanent link to this article: https://blogs.dlapiper.com/mediaandsport/2018/02/scotus-invites-solicitor-generals-position-on-copyright-registration-pre-suit-requirement/

Athletes’ Right of Publicity Claims Directed to Sports Video Games Not Preempted by Copyright Act

Authored By: Frank Ryan and Matt Ganas (with contribution from Michael Varrige) The California federal district court, in Davis v. Electronic Arts Inc., recently issued the latest in a series of decisions involving athletes’ right of publicity (“ROP”) claims aimed at Electronic Arts’ (“EA”) popular sports videogame franchise. The plaintiffs in Davis are retired NFL …

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Permanent link to this article: https://blogs.dlapiper.com/mediaandsport/2018/01/athletes-right-of-publicity-claims-directed-to-sports-video-games-not-preempted-by-copyright-act/

Follow-us! Audiovisual Finance: the New Italian Cinema Law – DLA Piper Rome, Via dei Due Macelli 66 – 11:00 AM, 6 December 2017

Follow us (Rome, Via dei Due Macelli 66, 6 December 2017, 11:00 AM) for our roundtable on the Decrees implementing the Italian Law no. 220/2016 (“Cinema Law”) and the related investment opportunities concerning audiovisual works (including tax credit, automatic contribution, protection of minors and European works). We will also analyze the financing structures of audiovisual …

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Permanent link to this article: https://blogs.dlapiper.com/mediaandsport/2017/12/follow-us-audiovisual-finance-the-new-italian-cinema-law-dla-piper-rome-via-dei-due-macelli-66-1100-am-6-december-2017/

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: https://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: https://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: https://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: https://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: https://blogs.dlapiper.com/mediaandsport/2017/03/tv-catchup-cjeu-gives-little-air-time-to-retransmission-defence/

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