[pp.int.general] Boundless Music Copyright

[Heesob Nam]

I came across Canadina Supreme Court decisions of July 12, 2012 and
think most relevant to the issues I raised.

In 2012 SCC 34, the Court found no additional royalties on a
downloaded game containing musical works which were licensed by the
musicl copyright holders. See
http://scc.lexum.org/en/2012/2012scc34/2012scc34.html. In this case
the Court views that downloading video games is  reproduction, not
telecommunication within the meaning of Canadian Copyright Act. So if
the music copyright holders are not able to charge royalties for video
games stored on catridges or discs, neither can they levy downloaded
games.

In another case, the Court found that record labels are not allowed to
claim royalties on movies or TV programmes for their use of music
becasue movie and TV soundtracks are not "sound recording". See
http://scc.lexum.org/en/2012/2012scc38/2012scc38.html

I love Canadian court.

Best,
Heesob

On 29 August 2012 06:50, Andrew Norton <ktetch at gmail.com> wrote:
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> Earlier this year, the ECJ did rule that many kinds of business are
> exempt from some of the licensing that collecting societies try to
> collect (this specific case was about a dentists)
> http://euobserver.com/creative/115621#.T2cCyGfYteQ.twitter
>
> Just one of the many things the UK IP Office redacted because of fears
> of 'libel'.
>
> *sigh*
>
> Andrew Norton
>
>
> On 8/28/2012 1:53 PM, Heesob Nam wrote:
>> Musical works can be used in a variety of another works. In this case
>> to what extent the copyright holders on the music can claim their
>> rights? When they have licensed their works to film makers or TV
>> programme producers, can they still claim copyright against ISPs who
>> store and transmit the film and TV programme?
>>
>> The Korea Music Copyright Association (www.komca.or.kr) contacts ISPs
>> (mainly hosting service providers) and asks fees for using their music
>> in their service. Here the ISPs have a contract with the film makers
>> and TV programme producers. This means that they are "legally" hosting
>> the files and share profit with copyright holders. But KOMCA threat
>> criminal sanction in view of additional royalties from the ISPs.
>>
>> Moreover KOMCA approached movie theatres, calling for copyright fees
>> for their performing movies. Again KOMCA had already got royalties
>> from the movie makers. According to its claim, KOMCA only granted a
>> license for making the film, not for performance of the film by the
>> movie theatres.
>>
>> Is there any cases where the music copyright is determined to be
>> exhausted or misused?
>>
>> Best,
>>
>> Heesob
>> IPLeft (www.ipleft.or.kr)
>> ____________________________________________________
>> Pirate Parties International - General Talk
>> pp.international.general at lists.pirateweb.net
>> http://lists.pirateweb.net/mailman/listinfo/pp.international.general
>>
>
>
> - --
> Andrew Norton
> http://ktetch.co.uk
> Tel: +1(352)6-KTETCH [+1-352-658-3824]
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> ____________________________________________________
> Pirate Parties International - General Talk
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