Archive for the ‘Trade Mark’ Category

New Media Law moves!

On Monday 8th December, New Media Law moved from Little Portland Street in Noho, to Hanover Square in Mayfair.

The full address of our new office is:

24 Hanover Square

London, W1S 1JD

All other contact details remain as they were previously.

We look forward to welcoming you to our new office very soon!

UK Music Industry announces record growth

The UK music industry announced record year on year growth in 2013 of 9%.

This is a phenomenal success, when one considers that the UK economy as a whole grew by 1.9%.

Perhaps the corner has in fact been turned….

 

See the UK Music report in full here: 

http://www.ukmusic.org/assets/general/UK_MUSIC_Measuring_Music_September_2014.pdf

MIPCOM attendance

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MIPCOM

We are delighted to announce that the following of our lawyers will be attending MIPCOM this year, from Sunday (11th) to Wednesday (15th) October.

 

Ian Penman – Partner   ( ian.penman@newmedialaw.biz )   ( +44 7765 244 111 )

Paul Hosford – Partner  ( paul.hosford@newmedialaw.biz )   ( +44 7765 244 222 )

Michael Hekimian – Counsel  ( michael.hekimian@newmedialaw.biz )   (+44 7979 345 181 )

 

For further information, please contact:

+ 44 20 7291 1670

info@newmedialaw.biz

Screen and cache copies are not an infringement of copyright

A recent Court of Justice of the European Union decision confirms that browsing websites does not infringe copyright:

Newspaper Licencing Agency Ltd and others v Public Relations Consultants Association Ltd [2014]

Article 5 of Parliament and Council Directive 2001/29/EC of 22 May 2001 established that website copies on an end-user’s computer screen and in the Internet ‘cache’ of the computer’s hard disk could be made without the copyright holders’ authorisation while the end-user is browsing the internet. The copies in question were held to be “temporary”, “transient or incidental” in nature and an “integral and essential part of a technological process”.

The Public Relations Consultants Association (“PRCA”) use a third party called Meltwater to monitor reports on press articles published online.  The reports are compiled using key words inputted by the PRCA.  Meltwater wanted their customers’ acts of reproduction to be exempted from the Article 2 reproduction right.

The Newspaper Licensing Agency collectively licences newspaper content and wanted Meltwater and its customers to obtain authorisation from copyright holders for providing and receiving the media monitoring service.

The PRCA appealed to the Supreme Court in the UK, who referred certain questions to the Court Of Justice of the European Union in Brussels (the “CJEU”). The CJEU interpreted Article 5(1) as well as Article 5(5) of the Directive to decide whether the conditions were satisfied.

Following the precedent set in Football Association Premier League Ltd v QC Leisure (which established that the conditions of Article 5(1) and Article 5(5) need to be satisfied), the CJEU held that this was a special case since the on-screen and cached copies were only for viewing websites. These copies were held not to conflict with a normal exploitation of the works and did not unreasonably prejudice the legitimate interests of the properly safeguarded rights holders.

Bankole Kasumu, Intern, New Media Law LLP

Ian Penman spoke at rAsia conference in Moscow, 25-28 June 2014

Ian Penman, one of the founding partners of New Media Law, spoke (for the 2nd time, having attended the conference in 2013) at the rAsia conference in Moscow in June.

For further details of the conference, please see: http://rasia.com/

Ian presented on the background and function of New Media Law at 12.30pm at the “TELL Academy” on Thursday 26th

He also spoke on the subject of “LEGAL ASPECTS OF THE NEW DIGITAL ENVIRONMENT” in the Main Hall of rAsia at 3.15pm  on Thursday 26th. http://rasia.com/2014/forum/ru/full26

The presentation focussed on legal developments across Europe and the USA, notably the drive to “encrypted” content and storage, following on from the closure of sites such as KAZAA (www.kazaa.com) and LimeWire (www.limewire.com)  and the impact of the “Kim Dotcom” litigation.

He also spoke on Friday 27th: http://rasia.com/2014/forum/ru/full27

WHY THE NEW IT SOLUTIONS ARE IMPORTANT FOR MEDIA AND CONTENT AND HOW THESE NEW IT SOLUTIONS WILL CHANGE MEDIA AND CONTENT

in a panel chaired by Ralph Simon in Hall A of rAsia at 10.15am

The panel focussed on what the new technological developments mean for the content and media industries.

And again on:

ALWAYS CONNECTED.  THE NEXT STEP IN WIRELESS

in a panel chaired by Shaukat Shamim, of YouPlus, in Hall A of rAsia at 17.00

The panel focussed on what the move to wireless means for content owners and advertisers.

For further details, please contact: esther.mchale@newmedialaw.biz

or, Ian himself, at: ian.penman@newmedialaw.biz

CHINA TO OPEN INTELLECTUAL PROPERTY COURTS

On 6 June 2014, the Chinese government took a major step forward in the protection of IP.

As someone who is married to a card-carrying member of the Chinese Communist Party (the daughter of the Chairman of Dong Feng Motor Co, Liuzhou, no less), I take a special interest in these affairs.

As Chairman Mao famously said: “A journey of a thousand miles begins with a single step…”.

China has voted to establish specialised courts for intellectual property rights.  The decision was endorsed at the third meeting of the Central Reform Leading Group on Comprehensively Deepening Reforms, a top-level decision-making and coordinating body established by the 3rd Plenum of the 18th Central Committee of the Chinese Communist Party in November 2013.

The introduction of a court which specialises in Intellectual Property is as a crucial step forward for the protection of IP rights in China.  It continues a process of started in 1993 when the first IP tribunal was set up within Beijing’s First Intermediate People’s Court.

A great leap forward – without doubt.

 

Ian Penman

Partner

New Media Law LLP


For more details, please contact: ian.penman@newmedialaw.biz

Or our Marketing Manager, Esther McHale at: esther.mchale@newmedialaw.biz


NEW MEDIA LAW signs Joint Venture agreement with PLEIMO.COM

Ian Penman, partner of New Media Law says:

“We are delighted to be officially on board with such an amazing new company as Pleimo.com.  Pleimo is the most exciting development in the world of musicians for many years, bringing a brand new revenue stream to the creative people that need it most”.

Pleimo is a new digital music service, originating from Brazil, and created by the inventor and entrepreneur, Dauton Janota.

It provides an immediate income to musicians whose fans decide to use its music streaming service, and nominate their favourite act.  Pleimo pays a monthly amount to each act, from the streaming subscription income.

Pleimo also offers a-la-carte downloads (per iTunes); ticketing services (per Ticketmaster); merchandising services and music publishing services to its artist clients.

Ian Penman from New Media Law has been appointed an executive director of Pleimo Corp (in the USA), as well as Pleimo Limited and Pleimo Music Limited (in the UK).

Rick Riccobono from New Media Law has been appointed to Pleimo Corp’s Advisory Board.

 

For further information, please contact: Esther McHale, Marketing Manager, New Media Law: esther.mchale@newmedialaw.biz  Tel: +44 207 291 1670

New Media Law and Pleimo

Photo: Left to Right: Christian Ulf-Hansen, Artist & Writer Relations, Pleimo; Gustavo Vaz, VGRI (Brazil); Richard Homer, Solicitor, New Media Law; Ian Penman, Partner, New Media Law/Director Pleimo; Rick Riccobono, Consultant, International Digital Rights Licensing, New Media Law/Advisory Board Member, Pleimo; Dauton Janota, CEO, Pleimo.

Getty makes its photos free!

In a radical move, Getty Images has allowed some 35,000,000 of its photographs, including images as varied as Adolph Hitler or Al Capone, to Marilyn Monroe or Marion Morrison (aka John Wayne), to be used royalty free without the Getty watermark.  The condition is that the user “embeds” a credit/link at the bottom of the image, which links to Getty.  Of course, that will also give Getty access to data (as to the photograph’s use) which it may be able to monetize.

Nevertheless, a brave step, which is akin to what groundbreaking “free music” services such as (originally) Qtrax.com, then Spotify.com, and now Pleimo.com did for access to music.

For further details on licensing of copyright images, please contact:

Ian Penman, Paul Pattinson, Daniel Eilon, Michael Hekimian or Richard Homer at New Media Law

www.newmedialaw.biz

Tel: 020 7291 1670

DEFAMATION HAS CHANGED - How does this affect your business?

The new Defamation Act 2013, passed into law on the auspicious date of 25th April 2013, has come into force on 1st January 2014.

It brings in a whole new look to defamation, enacting a series of new measures, including:

  • a “New serious harm threshold”, which is aimed at helping people to understand that a certain level of damage has to be done to someone’s reputation before a claim will be successful, and which discourages wasting the Court’s time;
  • enabling protection for scientists and academics who publish “peer-reviewed” material in scientific and academic journals;
  • enabling protection for those publishing material on a matter of public interest (where they reasonably believe that it is in the public interest);
  • reducing libel tourism by tightening the test for claims involving those with little connection to England and Wales;
  • introducing a new process aimed at helping potential victims of defamation online, by resolving the dispute directly with the person who has posted the statement;
  • bring in a single-publication rule to prevent repeated claims against a publisher in respect of the same material.
  • Please contact Roger Field or Ian Penman

    (roger.field@newmedialaw.biz or ian.penman@newmedialaw.biz)

    if you would like to know more about the new defamation law, and how this will affect your business, please get in touch.

    Tel: +44 20 7291 1670

    Ian Penman

    Partner, New Media Law LLP

    +44 20 7291 1670

    OSCAR NOMINATIONS!

    “Philomena” has been nominated for FOUR Oscars!!  

    For best picture, best actress, best adapted screenplay & best original score.  

    “Philomena” starring Judi Dench & Steve Coogan is produced by New Media Law’s client Gabrielle Tana whose producer credits include “The Duchess”, “Coriolanus” and the soon to be released “The Invisible Woman”. “Philomena” is also nominated for 4 BAFTA’s; 3 Golden Globe Awards; 5 London Critics Circle Awards; and 1 Screen Actors Guild Award.  The film won several awards at the 2013 Venice Film Festival including Best Screenplay.   

    Released in the UK on 1 November 2013, “Philomena” and has grossed over £10.5 million at the UK and Ireland Box Office, making it the highest grossing independent British film of 2013.  The film has only just started its international roll out but has already achieved a global haul of US$45m with particularly strong results in the US, Australia and Italy.     

    Exciting news for all those involved in this brilliant film including our very own Peter Dally!  

    New Media Law latest news

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