New Developments in Entertainment Law.
July 12, 2012: A shot across the bow was heard loud and clear by content owners and proponents of Copyright Law when the Supreme Court of Canada decided by a 5-4 margin that downloads are not considered "communications" therefore immune from performance fees. However, video games offered online are considered "communications." This decision will surely create a divide between various content owners.
In addition, the court also decided that film companies and television broadcasters would not have to pay for music included in television and film. Essentially supporting conglomerates and exploiting content owners.
August 3, 2012: In the case Flava Works, Inc. -w- Gunter, Judge Posner vacated an injunction against My Vidster. My Vidster which is owned by Margues Rondale Gunter posted web addresses which directed users to copyrighted videos on other cites. Judge Posner ruled that "The infringer is the customer of Flava who copied Flava's copyrighted videos by uploading it to the internet." Basically Posner believes that My Vidster is not actively contributing therefore in such a case would be liable. However in this case if one passively contributes to infringement it is not considered infringement. Therefore, life just got harder for content owners.
Check back regularly to stay informed of landmark decisions and relevant cases, as well as breaking news from our legal offices.