Deemed Administration Is Fine, Says Ecj; Without Frontiers, Alongside Tears

Deemed administration is fine, says ECJ

Today's hot intelligence from Grand Duchy of Luxembourg is the European Court of Justice ruling inwards Case C-169/05, Uradex SCRL v Union Professionnelle de la Radio et de la Télédistribution (RTD) in addition to Société Intercommunale pour la Diffusion de la Télévision (BRUTELE on a reference for a preliminary ruling from the Cour de Cassation, Belgium.

Uradex, a collecting guild for performers' rights, sought a ruling that, past times retransmitting past times cable the performances of artists inside its catalogue but without their permission the fellow member cable operator companies infringed those rights. Its application for injunctive relief was dismissed past times the trial court, so Uradex appealed to the Cour d’appel. That courtroom condsidered that, although Uradex had the exclusive correct to authorise or prohibit retransmission past times cable, that correct was, nevertheless, express to the rights whose administration was specifically transferred to it. According to the court, Article 53(2) of the Belgian Law, which implemented Article 9(2) of the Directive (Council Directive 93/83 on the coordination of sure rules concerning copyright in addition to rights related to copyright applicable to satellite broadcasting in addition to cable retransmission), does non render that the collecting guild exercises the correct of artists who direct hold non mandated it to contend their rights to authorise or prohibit cable retransmission, every bit is the case, given Article 53(1) of the Law, for artists who direct hold done so. Article 53(2) provided exclusively that the guild is "deemed to live mandated to contend their rights" which, inwards catch of the essentially fiduciary nature of such management, exclusively way the correct to collect remuneration to which such performances give ascent in addition to to transcend it on to the holder of the rights pertaining to those performances.

The Cour d’appel every bit good held that, every bit to audiovisual performances, Uradex cannot, having regard to Article 36 of the Law, do the cable retransmission correct fifty-fifty inwards honour of the artists who had transferred the administration of their rights to it. That provision establishes a legal presumption that the creative someone has assigned his retransmission correct to the producer. Influenza A virus subtype H5N1 collecting society, however, acting on behalf of the artists in addition to performers whom it represents, cannot contend to a greater extent than rights than are held past times those artists in addition to performers. Authorisation from Uradex is therefore required if, inwards accordance amongst Article 36 of the Law, it rebuts that presumption past times showing the existence of agreements betwixt the artists concerned in addition to the producers excluding whatsoever assignment of the retransmission correct or, failing that, if it represents producers of audiovisual locomote - which was non the illustration here. The courtroom in addition to so held that BRUTELE, past times transmitting non-audiovisual performances, infringed the rights of the artists in addition to performers who had transferred the administration of those rights to Uradex, but dismissed the repose of the appeal.

Uradex appealed to the Cour de Cassation, which decided to rest the proceedings in addition to to refer the next inquiry to the Court for a preliminary ruling:

"Must Article 9(2) ... live interpreted every bit pregnant that, where a collecting guild is deemed to live mandated to contend the rights of a copyright possessor or holder of related rights who has non transferred the administration of his rights to a collecting society, that guild does non direct hold the ability to do that rightholder’s correct to grant or pass upwards potency to a cable operator for cable retransmission, since it is mandated exclusively to contend the pecuniary aspects of that rightholder’s rights?".

This morn the ECJ delivered its response:

"Article 9(2) ... is to live interpreted every bit pregnant that, where a collecting guild is deemed to live mandated to contend the rights of a copyright possessor or holder of related rights who has non transferred the administration of his rights to a collecting society, that guild has the ability to do that rightholder’s correct to grant or pass upwards potency to a cable operator for cable retransmission and, consequently, its mandate is non express to administration of the pecuniary aspects of those rights".

is sure that non exclusively Uradex but enough of other collecting societies must live heaving a sigh of relief at this point. Whether the conclusion is correct or incorrect (and the IPKat thinks it's right), it for sure keeps the collection of royalties a smoother, less bureaucratic thing than would direct hold been the illustration if the broadcasters had won. Merpel agrees, but is left amongst the slightly uncomfortable feeling that Uradex is a pharmaceutical production you lot direct hold for a slightly embarrassing condition.


Without frontiers, amongst tears ...

has only read this Press Release from the Confederation of British Industry, issued yesterday. In relevant part, it states:

"Seven organisations representing over one-half a 1000000 businesses inwards the UK, Germany, Holland, Denmark, Hungary, Grand Duchy of Luxembourg in addition to Switzerland direct hold launched a articulation newspaper ... objecting to novel rules contained inwards the European Union ‘TV Without Frontiers’ (TVWF) Directive, ahead of a European Parliamentary coming together ...

The European Union plans to extend existing regulations roofing traditional broadcasters to all online audio-visual content, wherever in addition to whenever it is downloaded or broadcast. The pan-European submission argues that TVWF every bit drafted would shoehorn digital content providers into rules designed for traditional broadcasters, undermining high-value, high-tech economical increment when it should live stimulating it.

CBI Deputy Director-General, John Cridland said:

“As drafted, this onerous Directive volition stifle economical growth, inhibit project creation in addition to hamper the evolution of digital content in addition to services across the EU. These novel rules do unnecessary in addition to unwanted crimson record in addition to duplicate well-regarded existing laws that already encompass online service providers.

"If they approve this, MEPs in addition to European Union ministers run a peril shooting themselves inwards the pes past times undermining the destination of promoting an 'open in addition to competitive digital economy' nether the European Commission's i2010 programme. There is piddling inwards this Directive to assist Europe's businesses compete inwards the fast-moving, highly competitive globe of interactive digital services, broadcasting in addition to advertising. Future European jobs are on the line."

By virtue of beingness web-based, these novel forms of media do non transmit inside the same borders or at the same allotted times every bit traditional TV channels. Many companies are developing exciting in addition to innovative ways of reaching customers, such every bit using online TV shows or creating web-based interactive communities.

John Cridland continued:

"Business is finding innovative ways of communicating in addition to engaging amongst customers. Soon, automobile companies volition allow you lot direct the colour, trend in addition to specification of a vehicle earlier you lot purchase in addition to direct hold it for a exam motility online. New mothers volition live able to lookout adult man videos on production websites that offering childcare in addition to security demos. Video blogs, podcasts or clips downloaded to a Galvanic cell volition every bit good larn to a greater extent than prevalent.

"We should non stifle the inventiveness that helps hold Europe's employment organisation i measuring ahead of the competition. The Internet is plain of report to the total forcefulness of globalisation similar no other manufacture or sector in addition to Brussels must adopt a to a greater extent than flexible, innovative in addition to pro-growth approach or companies volition shift marketing pass to non-European countries.

"New forms of online media are silent evolving in addition to demand fourth dimension to develop. The European Union should hear its ain principles of amend regulation in addition to allow a self-regulatory approach to locomote earlier shackling an manufacture that needs to hold measuring amongst rapid technological change. European businesses are at the cutting-edge of ensuring their customers are protected on the Internet in addition to self-regulatory systems direct hold been proven to live responsive to alter in addition to effective inwards resolving problems"".

concurs amongst this sentiment, though he tin reckon why the Commission is aiming at imposing controls: it's the commencement measuring towards turning the evidently random delivery of audio-visual materials into nifty piddling packages that tin live monitored, regulated in addition to taxed. Merpel adds, the to a greater extent than nosotros regulate whatsoever form out of data menses through the internet, the lower is our moral high Earth when nosotros object to repressive regimes doing likewise.

Text of Draft Directive here
Comment on Euractiv here
Frontiers without boob tube here