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WIPO summer courses on Intellectual Property
WIPO, the World Intellectual Property Organization is to hold two Intellectual Property (IP) law education programmes this summer.
Open to senior students and young professionals who want to gain a deeper understanding of IP, the first course is a summer school taking place in Geneva, Switzerland from 25 June to 6 July. Offered jointly by the WIPO academy and the University of Geneva, the programme comprises lectures, case studies and discussions on selected IP topics. Registration closes on 31 March.
The second programme sees WIPO teaming up with the World Trade Organization (WTO), to offer a colloquium for IP educators on 18 & 19 June. The course will aim at helping teachers from developing countries and countries with economies in transition, become more aware of Geneva’s institutions, negotiations and other activities related to IP law and policy. Spaces for this programme are limited and interested parties should apply by 26 March at the latest.
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US to fine China over IP theft?
The Trump administration announced on 17 January that it is considering imposing ‘a big fine’ as part of an investigation into China’s alleged theft of intellectual property.
There are in fact grounds for a fine under a 1974 trade law that authorises retaliatory tariffs against Chinese goods or other trade sanctions if China does not change its policies. The President said that the loss to US businesses is in the hundreds of billions of dollars, adding that he would announce any action during his State of the Union address on 30 January.
‘Keep safe harbour provisions out of NAFTA’, urge creators
37 music trade bodies including ICMP member the National Music Publishers' Association (NMPA), have sent a letter to US Trade representative Robert Lighthizer, urging him to keep safe harbour provisions out of NAFTA, the North American Free Trade Agreement, which is currently being renegotiated.
Tech companies are currently shielded from liability if they are prompted to take down pirated material and many such companies and associations have been lobbying to keep it this way under the new deal. This has prompted the creative industry to unite and pen the letter.
“We are at a crossroads in trade policy, and we look to you to continue to chart a pro-IP course that promotes American creators and innovators and U.S. economic strength, in the modernization of NAFTA,” reads the letter.
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New Pacific Trade deal reached
On 23 January in Tokyo, the so-called Comprehensive and Progressive Agreement for Trans-Pacific Partnership, formerly known as the Trans-Pacific Partnership (TPP), was finalised with the remaining 11 members.
The deal is considered a big win for Japan and has been welcomed by Prime Minister Shinzo Abe to spur growth and reform in the country.
A list was recently published excluding from the deal several articles on Term of Protection for Copyright and Related Rights, and legal remedies such as arbitration clauses and safe harbours. Instead there is now a focus on reinforcing existing WIPO IP protections.
The TPP will be signed on 8 March in Chile, paving the way for it to come into force as early as 2019.
The current signatories are Japan, Australia, Canada, Brunei, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.
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Australia: Rogers threatens politician with legal action
Musician Tim Rogers intends to seek a Federal Court injunction to have his song, ‘Berlin Chair’ removed from Spotify because it is being used for a political purpose. The song is currently on Australian Conservatives leader Cory Bernardi's controversial ‘Hottest 100 protest playlist’.
Rogers claims the use of the song is breaching his moral rights under the Copyright Act. Under this Act, artists have protection from any derogatory treatment of their work.
Japan: Tokyo metro to trial classical music
The Tokyo metro will play background music on its Hibiya line train to provide a more relaxing and comfortable travel experience. The music will include pieces such as ‘Clair de Lune’ by Claude Debussy. The move was made after a train conductor accidently played classical music during a speaker check but after the error went viral on social media, customers really enjoyed it and positive feedback lead to this initiative.
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United States: Online streaming royalty rates to rise by 44%
The Copyright Royalty Board (CRB) on 27 January announced that royalty rates paid to songwriters in the US from on-demand subscription streaming, so-called compulsory mechanical rates, will increase by 44% over the next five years.
The CRB heard proposals from big tech companies like Google and Amazon, while the National Music Publishers' Association (NMPA) as well as the Nashville Songwriters Association International (NSAI), represented the music industry.
The ruling will result in a significant increase in the overall percentage of revenue paid to songwriters from 10.5% to 15.1% over the next five years. Equally important, the CRB simplified and strengthened the way in which songwriters are paid mechanical royalties.
These include removing the Total Content Cost (TCC) cap, which will give publishers a true percentage of what labels are able to negotiate in the free market, upping royalties for songwriters.
NMPA President & CEO David Israelite, commented: “The decision represents two years of advocacy regarding how unfairly songwriters are treated under current law and how crucial their contributions are to streaming services. We thank the songwriters who shared their stories with the court and helped illustrate how badly these rate increases are needed. While the court did not grant songwriters a per-stream rate, the increases in overall rates and favourable terms are a huge win for music creators."
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United States: Music Modernization Act introduced in US Senate
The Music Modernization Act, or MMA, was last week introduced onto the senate floor by a group of bi-partisan senators. If passed, the MMA would establish a central entity to handle digital mechanical licensing, which would in turn, benefit music publishers, songwriters and online platforms.
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