 10  9 September 2008
News:
Webcaster Settlement Act enables royalty negotiations
The Webcaster Settlement Act (H.R. 7084) was unanimously passed by the US Senate on 30 September, allowing webcasters, such as internet radio stations, the right to negotiate music royalty payments with SoundExchange - an organisation that collects and distributes royalties for artists and record companies - after fears that new royalty rates set by the Copyright Royalty Board (CRB) would affect the profitability of internet radio stations.
UK Council for Child Internet Safety to launch legally-binding social network code
The UK Council for Child Internet Safety (CCIS), launched by the UK government's Department for Children, Schools and Families (DCSF) and the Home Office on 29 September, is planning a legally-binding code of practice for social networking sites.
EC informed of MasterCard fee increases
EuroCommerce has informed the European Commission (EC) Directorate General for Competition, after receiving documentation suggesting that MasterCard will significantly increase payment card scheme fees payable by merchant acquirers - and therefore merchants - from 1 October.
Features:
Editorial: Treading carefully
Following the introduction of the Webcaster Settlement Act (H.R. 7084), internet radio stations can breathe easily knowing they are free to negotiate music royalty rates with artists directly, rather than following rates imposed by the Copyright Royalty Board (CRB).
Hot Topics and Dates for Your Diary
Google to halve data retention period
Updated guidance on unfair contract terms published
UK Government approves Phorm
Dates for your diary
Site Scraping: Liability for incorrectly categorised internet news
In September, Google News published a 2002 Chicago Tribune article concerning United Airlines filing for Chapter 11 bankruptcy protection as a 'new' article. Rachael Wellby, a consultant to Berwin Leighton Paisner LLP's Lawyers on Demand programme, examines how the case calls into question the liability of internet sites that use software or 'robots' to scrape information from other internet sites for incorrect information, as well as difficulties with quantifying any damages awardable.
Piracy: Pre-release piracy: new uses of FECA
A Guns N' Roses fan is facing prosecution in the United States for streaming an unreleased track from the band's long-awaited new album on a fan site under the Federal Entertainment and Copyright Act (FECA), which could result in a prison term. Candidus Dougherty, Adjunct Professor at Rutgers School of Law, discusses the Department of Justice's indication that it may use FECA more frequently in order to serve as a warning to potential prerelease pirates, and whether the prison terms that the Act mandates are proportionate.
VAT Fraud: European Parliament supports VAT fraud proposals
The European Parliament has passed a resolution backing a report released by Sharon Bowles MEP calling for new measures in tackling the growing problem of VAT fraud. Bowles makes recommendations including the levying of a flat rate of 15% on all cross-border EU trade and the establishment of a 'country of origin' system operating through a clearing house. Aredhel Darnley, a Lawyer at Hammonds LLP, discusses the proposals and cooperation needed from Member States to solve the issue.
Ofcom: Ofcom consults on regulating for high-speed broadband
On 23 September, Ofcom started its consultation, 'Delivering super-fast broadband in the UK - Setting the right policy framework'. Rob Bratby and Francisca Mendia Lara, of Olswang, review Ofcom's approach to regulating the delivery of high-speed broadband, and whether its approach provides the framework necessary for companies to invest in next generation access.
Opinion: The role of the IAB's social media council
Social media has always been on the Internet Advertising Bureau's (IAB) agenda, but never more so than now. As the trade body for the online marketing industry, it is essential that we stay on top of the trends, and are fully acquainted with every channel to market that the medium has to offer. Social media is one significant channel. Who would have thought, back in the olden days of broadcast advertising, that we would be able to establish a one-to-one dialogue with consumers, invite instant feedback and even get them directly involved in brand promotion? Furthermore, it's an incredibly diverse, often uncharted territory, so the need for industry-wide education is growing by the day.
Turkey: Blocking illegal internet content: the YouTube ban
In May 2007, the Turkish Parliament introduced new legislation banning certain types of internet content deemed illegal. Ceylin Beyli and Basak Gürbüz, of Mehmet Gün & Partners, examine the scope of the ban and a Turkish Criminal Court's use of the new legislation to block access to YouTube from Turkey following a complaint, and the implications that this could have for other providers of similar content.
Case Law Update: Key e-commerce cases
Disclosure: 'In re Sealing & Non-Disclosure of Pen/Trap/2703(d) Orders'
Trademarks: 'Google v Viaticum Luteciel'
Disclosure: 'Common Service Agency v Scottish Information Commissioner'
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