World Media Law Report
May 09 2008   
World Media Law Report

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In the spotlight
US copyright and the hazards of partisan rhetoric
US copyright has been transformed over the last 30 years, with the term of protection soaring and the whole notion of what copyright is for shifting radically. Blogger and former copyright counsel to the US House of Representatives Committee on the Judiciary William Patry talks to us about the grave lack of balance in today's situation and why treating copyright as an absolute property right is not only wrong, but dangerous too. Full text


Legal updates

 
Government steps in to curb surrogate advertising
India  
Kadambari Chari   (08/05/2008) The government is calling for tough action against so-called 'surrogate' advertising, where companies circumvent the prohibition on ads for tobacco and alcohol by advertising products with the same brand name. While it is not yet clear when and how any ban would be implemented, such a move would severely restrict tobacco and alcohol companies from promoting their products. Full text  

 
Google revises trademark policy in UK and Ireland
International  
Mark Lubbock   (08/05/2008) Google has amended its policy for dealing with complaints from trademark owners in relation to potential infringements. From May 5 2008 Google no longer reviews signs or symbols which are keyword triggers and correspond to a third party's alleged trademark. Full text  

 
Supreme Court rules that commercial breaks infringe moral rights
Sweden  
Helene Miksche   (08/05/2008) The Swedish Supreme Court has issued a controversial decision on moral rights, finding that commercial breaks that are broadcast during televised films infringe the directors' moral rights. Further, the court found that there are only limited circumstances in which such rights can be waived. Full text  

 
Excessive delay puts organist's royalty claim beyond the pale
United Kingdom  
Carina Badger   (08/05/2008) The Court of Appeal has partly allowed the appeal from the High Court decision in Brooker v Fisher. The case concerned Matthew Fisher's claim that he was entitled to half the royalties from exploitation of a recorded version of Procul Harum's 1976 hit single "A Whiter Shade of Pale". Full text  

 
High Court exterminates Dalek copyright claim
United Kingdom  
Jeremy Phillips   (08/05/2008) The Chancery Division of the High Court has rejected a copyright infringement action against the British Broadcasting Corporation (BBC) involving the use of classic Doctor Who villains the Daleks. Although JHP Ltd was found to be the exclusive licensee, the BBC was held to have a complete defence to the claim. Full text  

 
Making works available online is not infringement, judge says
USA  
Lynn Alstadt   (08/05/2008) A Boston judge has held that the mere making available of music files for download online does not constitute copyright infringement as the defendants may not have known that this could allow others to access the files. However, the judge also held that intent need not be proven to establish infringement, so the case will continue. Full text