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Redeeming Feature?

Sweet & Maxwell's Entertainment Law Review is getting desperately thin. With 2 issues out of this year's viii already accounted for, it's solely upward to page 41. thinks that anyone paying £546 for a year's subscription (more if you're exterior the UK) is entitled to a lot to a greater extent than for his money.

Still, this upshot has around interesting content. For example:

* Mark Fox together with Tracey Anderson (Indiana University South Bend) write on unpaid together with underpaid royalties -- a dependent area that doesn't become much handling inwards British constabulary publishing circles;

Getting thinner. Won't someone feed this cute picayune journal?

* Registered mediator together with someone practitioner Sean McTernan contributes an enjoyable, if non altogether useful, souffle on format rights.

Curiouser In Addition To Curiouser

Reselling loaded iPods is copyright infringement says RIAA

iLounge reports that RIAA has warned users non to sell iPods preloaded alongside music. RIAA told MTV

“Selling an iPod pre-loaded alongside music is no dissimilar than selling a DVD onto which you lot accept burned your entire music collection…Either human activeness is a clear violation of U.S. copyright law. The RIAA is monitoring this agency of infringement. In short: seller beware.”

RIAA President Cary Sherman added:

“Unlawful reproduction or distribution is infringement…There is no fair run when someone is getting a consummate re-create of a work, peculiarly a creative piece of job together with peculiarly when it could accept an adverse behaviour on on the marketplace for selling or licensing that work. When you lot purchase a CD, you lot accept it for personal run on your figurer or iPod, but you lot can’t give it away together with continue it for yourself. That’s having your cake together with eating it too. If everyone did that, [record labels] would alone sell ane CD.”

As a practical matter, the IPKat thinks it would endure rather cumbersome together with inefficient for users to take all the music from their iPods earlier sale. As a legal matter, he wonders if there’s a component for exhaustion here. In Europe at least, if you lot purchase a CD together with you lot teach fed upward alongside it, you lot tin resell it. The rights inward it are exhausted. He notes that limiting the sale of preloaded iPods could bound the complimentary produce of those iPods to a greater extent than or less the European Union market, together with thus maybe at that topographic point would endure a justification for extending exhaustion to these circumstances.

EU anti-fraud body's logo used inward fraud

Findlaw reports that OLAF, the European Union anti-fraud team has warned that its logo is itself existence used inward a scam. Fake letters are existence sent out accusing recipients of banking irregularities together with seeking payment. OLAF’S press liberate is here.

says, you lot couldn’t come inward up…

Latest Merchandise Seat The World In Addition To Etmr

here by the IPKat);

* "X-Tended Use of UDRP", yesteryear ii to a greater extent than of the IPKat's friends, Miguel O'Farrell as well as Mencahem Kaplan (Marval, O'Farrell & Mairal, Argentina), on how domain advert dispute guidelines are beingness employed inwards Argentine courts;

* "When Systems Collide" yesteryear Ana Lucia de Sousa Borda (Dannemann Siemsen Bigler & Ipanema Moreira), reviewing the yesteryear as well as introduce systems for dealing amongst famous marks inwards Brazil.

European Trade Mark Reports

With an near unbelievable surge of speed as well as efficiency Sweet & Maxwell produced the March 2006 resultant of the European Trade Mark Reports before Feb is fifty-fifty one-half agency through. This resultant carries 8 cases, including the next which are reported inwards English linguistic communication for the kickoff time:

* Maserati SpA v Stilma SpA as well as others (Bologna Court of Appeal, Italy): a curious dispute involving revocation of a co-owned merchandise score on the footing that i of the co-owners had non used it;

* Ath. Skyfas-Emm. Papoulias v Greece, Emmanuel Savaides-Manolarakis (Athens Administrative Court of Appeal): whether application to register a sign containing the advert of a somebody formerly involved inwards a work concern is an act of bad faith;

* Ath. Skyfas-Emm. Papoulias v Greece, Emmanuel Savaides-Manolarakis (Athens Administrative Court of Appeal): whether personality rights of a dead somebody were infringed yesteryear an application to register his advert every bit a merchandise mark.

As usual, if at that topographic point are whatever cases you'd similar to encounter reported inwards the ETMR, drib the IPKat a describe here and permit him know. He'll encounter what he tin do.

Uralex - Aid Needed; Resale Royalties - A Merely Reward?

Ou la-la! Uralex, une French affaire

L'IPKat a trouvé ces Conclusions de L’Avocat Général Ruiz-Jarabo Colomer dans l'affaire C-169/05 Uradex SCRL contre Union Professionnelle de la Radio et de la Télédistribution contre Société Intercommunale pour la Diffusion de la Télévision. Malheureusement, ce n'est pas en Anglais. Mais on peut le lire en francais ...

Right: no, this isn't Babelfish - it's the outset number you lot larn if you lot search 'Uralex' on Google Image.

If anyone tin state the IPKat what it's about, he'll live on thrilled. The punchline is that:

"L’article 9, paragraphe 2, de la directive 93/83/CEE du Conseil du 27 septembre 1993 relative à la coordination de certaines règles du droit d’auteur et des droits voisins du droit d’auteur applicables à la radiodiffusion par satellite et à la retransmission par câble, permet à l’organisme réputé être chargé de gérer les droits des titulaires qui n’ont pas confié expressément la gestion de ces droits à une société en particulier, d’autoriser l’exploitation de leurs œuvres et de leurs prestations".

According to Babelfish this means:

"Article 9, paragraph 2, of directive 93/83/CEE of the Council of September 27, 1993 relating to the coordination of sure as shooting rules of the royalty as well as the rights unopen to the royalty applicable to broadcasting past times satellite as well as the retransmission past times cable, allows the famous arrangement beingness charged to larn by the rights of the holders who expressly did non entrust the administration of these rights to a fellowship inwards particular, to authorize the exploitation of their oeuvres as well as their services".

Further explanation volition live on appreciated.


Is this a simply reward?

Here's the text of a disclose published today on the UK's Patent Office website:

"UK Artists’ Creativity Rewarded

British artists volition have well-deserved vantage for their inventiveness through the introduction of regulations giving them the correct to a royalty on the re-sale of their works, Minister for Science as well as Innovation Lord Sainsbury said today.

From today, when an artist's operate is re-sold on the Great Britain fine art marketplace for the equivalent of €1,000 or more, he or she volition have a royalty of upwardly to iv per cent of the sale price.

Lord Sainsbury said: "The artists'’ re-sale correct regulations ensure a simply vantage for living British artists’ inventiveness spell protecting the valuable Great Britain fine art market."

The regulations accept been introduced to comply amongst the European Union Artist’s Re-sale Right Directive.

"The balanced Government approach volition produce goodness struggling artists without placing a heavy administrative burden on the fine art marketplace as well as volition minimise the jeopardy that sales would live on driven offshore."

The directive required the Government to fix the threshold at which the royalty is paid at betwixt €0 as well as €3,000.

Eighty-eight per cent of plant past times living artists sold inwards the Great Britain inwards the €1,000 to €3,000 toll attain inwards 2003-2004 were past times British artists.

To protect the most valuable sector of the Great Britain fine art market, which is plant past times deceased artists, the Great Britain Government successfully negotiated a delay inwards the application of the royalty to plant past times deceased artists until 2010, amongst a possible extension to 2012, as well as volition try to extend it indefinitely".

is amused to run into the sums inwards inquiry described every bit a simply reward. He reckons that artists volition consider the sums inwards inquiry derisory, spell he knows that the fine art sale manufacture regards them every bit a monstrous imposition. Merpel asks, how many votes volition British artists live on casting at the side past times side election?

British artists here, here and here
Saatchi Gallery here
White Cube here
Recipes for shark here and here

Is Gi-Protected Cheese A Feta Compli?

The Daily Telegraph reports that Shepherd’s Purse, the maker of YORKSHIRE FETA, is taking the European Commission to the ECJ over its determination to designate FETA equally a protected designation of origin. In the example which was heard past times the ECJ on Tuesday, Yorkshire Cheese pointed to the fact that it had been using the refer since 1987. If the determination goes against it, the society volition bring to pes the nib for a novel marketing campaign.

Who’d bring idea such cuddly creatures could possess then much trouble?

notes that cheese is a tricky production – different other PGIs such equally NEWCASTLE BROWN ALE, the refer of the house a cheese comes from oftentimes designates the multifariousness of cheese equally well. He can’t come across an choice useful shorthand way of proverb FETA. Thanks to his Greek mole, he observes that FETA literally agency “slice” inward Greek.

Say cheese here, here too here

Sinful Merchandise Marks; Troublesome Copyright

Bulge battlers exercise battle

The Daily Telegraph reports that 2 dieting companies are having a merchandise grade tiff. Sin & Slim is applying to register SIN & SLIM equally a merchandise mark, but the application is beingness opposed past times Slimming World. The latter fellowship designated foods which tin exclusively last eaten inwards limited amounts equally “sins”, though latterly it has changed the speling to “syns”. Slimming World is claiming that it has rights inwards the term SIN thank yous to 35 years of purpose (and maybe a registered merchandise mark, though the article’s non clear on this point). Said Slimming Word:

"Since they [Sin & Slim] convey attempted to register the elevate equally a trademark they should non last surprised nor nether whatever illusion that whatever organisation that has built upwards years of goodwill inwards a trademark would non hold back to protect it when necessary".

The master sinful foodstuff

says that SIN has to last the ultimate illustration of an immoral merchandise grade and, equally nosotros all know, immoral merchandise marks are non registrable.

9/11 Photo Copyright

The New York Daily News reports on a copyright tilt concerning publicly funded pictures of the 9/11 clean-up operation. Photographer Gregg Brown was paid $300,000 to document the aftermath of the terrorist attack, but no contract concerning ownership of the copyright inwards the photographs was e'er signed. Brown refused to sign papers granting the copyright to the City of New York, but he was allowed continued access to NYPD helicopters, from which he filmed, until May 2002. Later inwards 2002, he registered his photographs in addition to video footage with the USA Copyright Office. He similar a shot says that his written permission is needed earlier the photographs tin last used. He has caused appal with the families of 9/11 survivors past times including footage inwards a documentary named ‘Words”, which features topless women in addition to naked men.

reckons that this is sure as shooting a instance inwards which it would last justified to imply a contractual assignment of the copyright into the contract to give it trouble organisation efficacy. As an ideal province of affairs though, it’s best to assort things out expressly in addition to contractually beforehand, though the IPKat tin empathise why, inwards this case, this may convey been overlooked.