 |
| |
Europe and the UK consider strategy for copyright in the ditigal age
The European Union and the UK Intellectual Property Office ("IPO") have both issued papers considering what changes are required to the current copyright regime to address the challenges arising from use of creative content online. The Commission's Reflection Document and the IPO's report include a number of shared proposals, such as the need for simpler copyright exceptions and improved licensing systems. The Commission is even seeking views on whether to introduce a new unitary Community copyright title that would have instant effect across Europe.
The European Commission seeks comments on its Reflection Document by 5 January 2010. Please contact us if you would like us to assist with responding to the consultation or to respond on your behalf.
For further information on the Commission Reflection Document, please click here.
For further information on the IPO's Report on a strategy for copyright in the digital age, please click here.
|
| |
Digital Economy Bill Published
Following on from the Digital Britain Report earlier this year, the government has now published a Digital Economy Bill aimed at implementing some of the recommendations in the Report. It includes measures to:
- Tackle unlawful online file-sharing, which include the controversial provision to suspend internet access of persistent file-sharers.
- Update regulation of copyright licensing and public lending right for the digital age, such as legalising the use of orphan works or rights, extending collective licensing, increasing fines and penalties for online infringements and extending public lending right to non-print books.
- Enhance Ofcom's duties in relation to investment in infrastructure and content and give Ofcom additional powers to support the modernisation of the mobile network spectrum.
- Change the radio licensing scheme to support the move to digital radio.
- Ensure the provision of engaging public service content, including supporting the provision of local and regional news, updating Channel 4 Corporation's functions and making more flexible provision for Channel 3 and Channel 5 licences.
- Stop children from getting hold of violent video games by putting age ratings of boxed computer games on a statutory footing for ratings of 12 years and over.
| |
| |
UK implements EU Audiovisual Media Services Directive into national law
The Audiovisual Media Services Regulations 2009 (SI 2009/2979) are coming into force on 19 December 2009 to implement into UK law those aspects of the EU Audiovisual Media Services Directive (other than television product placement) which require legislation. The Regulations contain a new definition of "on-demand programme services" and establish a legal framework for a regulatory system for these services, setting minimum standards for programmes and advertising. They also amend the definition of a television licensable content service to remove the exclusion for services provided over the internet, ensuring all television broadcasting services are within the scope of regulation and require a broadcasting licence from Ofcom. The Regulations also give more powers and duties to Ofcom, including the obligation to lead in dealing with any request from another Member State for a UK-based broadcaster to comply with its stricter rules, and responsibility to regulate non-EU satellite television channels that are uplinked in the UK.
| |
| |
Consultation on product placement in UK television programmes
The UK government is currently considering whether to lift the ban on UK television broadcasters from including product placement in programmes either they have made or have been made for them. Following the implementation of the EU Audiovisual Media Services Directive, most EU member states allowed product placement Having initially decided to continue the ban on product placement, the UK government now wants to ensure that UK broadcasters do not suffer through being overly strictly regulated. It is, therefore, conducting a consultation to obtain views on whether additional safeguards, over and above those in the AVMS Directive, should be put in place to protect viewers such as restrictions on the promotion of alcohol, junk food and gambling.
Responses to the consultation must be submitted by 8 January 2010. Please contact us if you would like FFW to assist with responding to the consultation or to respond on your behalf.
|
| |
Copyright Tribunal reduces royalties payable for public performance of background music
The Copyright Tribunal has made its first ruling on the appropriate royalties for the licensing of sound recordings contained in a broadcast (Phonographic Performance Limited v The British Hospitality Association and others, 18 September 2009).
Following the introduction of legislation requiring a licence for the public performance of broadcast sound recordings, PPL imposed new annual tariffs in 2005 under which pubs and restaurants were on average having to pay an additional £500 to £600 each, generating an additional £12million in licence fees under the new schemes.
The rights users complained about this increase and the Copyright Tribunal was asked to decide what a reasonable royalty rate should be. Whilst acknowledging that the new broadcasting right in relation to sound recordings warranted some increase, the Copyright Tribunal ruled that the new rates were excessive. Instead, the Copyright Tribunal ordered that the previous rates should be re-instated with a 10% increase in rates and to take account of changes in RPI since the previous tariffs were replaced by the new tariffs. The Copyright Tribunal also ruled that the concessionary discounts for smaller premises and businesses introduced in 2005 should continue and form part of the new licensing schemes, but allowed PPL to continue imposing a 50% surcharge if a licensee plays music without first obtaining a licence.
|
| |
Government announces changes to fair use provisions for charitable groups and not-for-profit organisations
The government has published its response to a consultation on changes to exemptions from public performance rights in sound recordings and performers' rights, and announced that:
- it will repeal the current exemption for charities and not for profit organisations to obtain a licence for the use of copyrighted sound recordings and performers' rights when playing recorded music in public;
- the Secretary of State should no longer be able to refer Phonographic Performance Limited ("PPL") licences or licensing schemes to the Copyright Tribunal; and
- PPL and PRS for Music have agreed a number of initiatives to help charities and not-for-profit organisations that will require PPL licences when the repeals take effect next year, including a new joint licensing scheme, a code of practice and independent complaints mechanism and a consultation process to agree affordable tariffs.
It is anticipated that the legislation to effect these changes will be enacted in February 2010, and will come into force in April 2010.
|
|
|
|