As was the case in Newzbin 2, a national court, in deciding whether to order an ISP to implement technical measures to deal with copyright infringement on the part of the ISP’s customers, will need to consider whether the proposed measures are proportionate. In doing so, it will need to strike a fair balance between the protection of intellectual property and that of a freedom to conduct a business enjoyed by ISPs.
Ate My Heart Inc v (1) Mind Candy Ltd (2) Moshi Music Ltd (2011) – interim junction granted against online children’s game company and its subsidiary
The High Court has granted an interim injunction preventing the promotion of an animated character known as “Lady Goo Goo” and its associated song due to the risk that the public would confuse it with the music artist Lady Gaga and her associated trademark.
EU ministers have adopted a Directive extending the term of protection for performers’ copyright from 50 to 70 years.
The Directive, adopted at a meeting of the Council of Ministers on 12 September 2011, amends Directive 2006/116/EC on the term of protection of copyright and certain related rights. It increases performers’ rights in sound recordings and the rights of producers of sound recordings from 50 to 70 years from the date of first lawful publication or communication to the public.
A New York District court has ruled that MP3tunes, a website which allows users to store online collections of music, is entitled to rely on safeharbours under the US Digital Millennium Copyright Act in respect of certain activities of its users.
Warning logos are to be introduced before songs and music videos on services such
Some of the latest news on copyright and trademark from around the web:
- Perfect 10 Sues Giganews for Copyright Infringement by Thomas Mennecke at Slyck.
- Charlie Sheen aiming to trademark 22 catchphrases by Kate Ward at Entertainment Weekly. #Winning?