Rights

European Commission Guidance Muddies the Waters for EU Copyright Directive

The long-delayed EC guidance, published June 4, is designed to support the 27 EU member countries’ adoption of the copyright directive into national law. The guidance relates to Article 17 of the directive and enshrines the core wins it delivers for the music business. But the document also introduces exceptions that music execs say streaming platforms could use to try and avoid liability for hosting unlicensed content — potentially replacing one safe harbor with another.

Source: European Commission Guidance Muddies the Waters for EU Copyright Directive

A missed deadline: the state of play of the Copyright Directive 

Out of the 27 Member States, only The Netherlands, Hungary and very recently Germany have fully adopted the Directive; France has adopted some of the provisions and some additional legislative steps for the remaining ones; Italy has also gone through some legislative steps and a Government Decree is underway; Austria, Croatia, Cyprus, Czechia, Denmark, Luxembourg and Romania have issued draft laws; and the other fifteen Member States have only made a timid start through for instance a public consultation.

Source: A missed deadline: the state of play of the Copyright Directive | Europeana Pro

The Double Exploitation of Deepfake Porn

Whether it’s filmed under contract or created DIY-style, like a cam show, porn that is altered and shared without the consent of the performers is an affront materially as well as morally. Deepfakes can be difficult to defeat from a defamation angle, so perhaps a more effective remedy would be to take porn seriously as a part of the digital economy and crack down on deepfaking as copyright infringement.

Source: The Double Exploitation of Deepfake Porn | The Walrus

Roblox says $200m+ copyright lawsuit is based on a ‘fundamental misunderstanding’. 

Video gaming platform Roblox has responded to being hit with a $200 million-plus copyright infringement lawsuit from music publishers, noting its “surprise and disappointment,” at being sued. As a platform powered by a community of creators, we are passionate about protecting intellectual property rights – from independent artists and songwriters, to music labels and publishers – and require all Roblox community members to abide by our Community Rules.

Source: Roblox says $200m+ copyright lawsuit is based on a ‘fundamental misunderstanding’. Music publishers disagree.

NMPA sues Roblox in $200m copyright infringement lawsuit 

Games platform Roblox has enjoyed plenty of positive headlines for its push into music in partnership with labels and artists, but now the company is facing a battle with music publishers over licensing. Yesterday, the US National Music Publishers Association sued Roblox on behalf of a group of publishers, seeking at least $200m in damages for “Roblox’s unabashed exploitation of music without proper licences”.

Source: NMPA sues Roblox in $200m copyright infringement lawsuit – Music Ally

Advocates Sound the Alarm Ahead of Copyright ‘Restatement’ Vote

A host of music creator advocacy organizations are gearing up for battle against the American Law Institute’s project to “restate” copyright law. At 5 p.m. ET today (June 8), several sections of the copyright Restatement pertaining to issues including fixation (how a work must be “fixed” in a tangible medium to get protection) and joint authorship go up for a vote in front of the full ALI membership for the first time.

Source: ‘Going to Get Ugly’: Advocates Sound the Alarm Ahead of Copyright ‘Restatement’ Vote

European Songwriters Slam Copyright Directive Implementation Delays

European songwriters are criticizing the lack of progress that some EU states have made towards implementing the Copyright Directive. “Today’s date marks the deadline for EU Member States to implement the 2019 Copyright Directive,” the organization’s message proceeds. “However, only a handful of EU Member States have now effectively transposed the Directive.”

Source: European Songwriters Slam Copyright Directive Implementation Delays

Turkewitz: When is a Restatement Not a Restatement? ALI’s Highly Original Copyright Journey

As a private organization, the American Law Institute has the right to engage in work that it thinks will benefit the field of law. Having said that, there is broad concern that the evolution of this project, and the well known bias of the Reporter will result in a misstatement of the law and that, unless stopped, the imprimatur of ALI will lead those less familiar with copyright law to accept the Restatement at face value.

Source: When is a Restatement Not a Restatement? ALI’s Highly Original Copyright Journey

EU Commission clarifies revamped copyright rules amid criticism

The European Commission on Friday sought to clarify the scope and liability of revised copyright rules adopted last year in an effort to defuse criticism from France, Poland, EU broadcasters and internet activists. The Commission in its policy paper published on Friday said Article 17 would only apply to online service providers and online audio and video streaming service providers which make money from copyrighted work uploaded to their platforms by their users.

Source: EU Commission clarifies revamped copyright rules amid criticism

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