|Florian: what is he doing |
with his right hand?
|Most of the work done by collecting societies|
is "backroom work", says Florian
Convergence and internet use are also very much on the collecting societies' agendas, as are a number of matters which are currently the subject of litigation before the European Court of Justice -- so there is plenty for the Hargreaves Review in the UK to consider.
|For those who aren't so |
keen on new music ...
Christina Michalos (5 RB) then treated us to a review of copyright-related cases in recent times, both in the UK and in Ireland. After a show of hands, which revealed that practically everyone except Florian was busily engaged in downloading materials from the internet, Christina observed that much of the Irish economic crisis was directly caused by the damage inflicted on copyright owners through the massive scale of unpaid-for downloading of music by a legion of Irish computer users. The Irish High Court decision in EMI v UPC was explained, this being a review of data-gathering procedures for identifying P2P file-sharers and their (lack of) compatibility with data protection and privacy laws. In any event the Irish law made no provision for blocking or diverting file-sharing activities; legislation would be needed before the courts could go any further. In this context Christina referred to Logistep AP, a decision of the Swiss Supreme Court which affirmed that even the public interest in the enforcement of copyright laws does not justify the violation of data protection laws, as well as the Logistep AP trial in Germany and Scarlet v SABAM, which is now before the Court of Justice of the European Union (judgment is expected in autumn 2011).
|A Whiter Shade|
Crosstown Music v Rive Droite (which affirmed that a reverter clause in an assignment gives copyright back to the composer even if the assignee purports to sell it on to a third party), Experience Hendrix v Times Newspapers (contrasting different bases for the assessment of conjectural damage) and Far Out v Unilever and others (was the claimant entitled to an account of profits on the sale of Marmite where an advertisement used a licensed tune but an unauthorised sound recording?).