

The IPKat is impressed with this decision, which looks like it's based on something between vicarious liability and ostensive agency. Merpel says, next time the hotel should dress the sales staff as pirates. That way it should escape liability ...

The copyright situation regarding the recordings is a bit hazy. Collins says the DJ who recorded the gig had permission to do so from the venue, though it seems unlikely the band gave their go-ahead - but crucially these aren't dodgy 'audience member takes tape player into back of venue' recordings. Collins and Fuego both seem convinced the recordings can be released without infringing the copyrights of the band who appear on them, presumably because technically speaking - assuming you accept the recording was sanctioned - the sound recording copyright would originally belong to whoever made the recording, in this case Collins' DJ.
Apple however intends to sue, alleging that the recordings were unauthorised. Moreover, in the terminology of trade mark law, release of the live recordings would "dilute and tarnish" the band's memory because, says Apple, the recordings are of a poor quality.
The IPKat hopes to monitor the progress of this dispute, with a little help from his readers.
Beatles in Hamburg here
How to make a perfect Hamburger here
Chinese hotel liable for sales by shop; Apple opposes Hamburg recordings
Reviewed by Jeremy
on
Wednesday, March 26, 2008
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