This week’s copyright, media and entertainment law updates are as below:
Slovenia Implements EU Directives on Copyright Law Protecting Author’s Right in Cinematographic Works
The National Assembly in Slovenia, amending the Copyright and Related Rights Act and the Collective Management of Copyright and Related Rights Act, has adopted provisions from two EU Directives on Copyright in to Slovenian legislation. The Ministry of Economic Development and Technology in the process of drafting and legislating the amendments, had held public debates, gathered suggestions and comments form the various stakeholders, and coordinated with other ministries to bring about a balanced bill. The amendments ensure provisions for flat-rate compensation ‘use of materials in the digital learning environment’ while exempting the use of materials for educational purposes. The Ministry of Education, Science and Sports shall cover the costs of these compensations within the state budget, similar to the existing regulations for photocopying printed materials for educational purposes.
Texas Social Media Law on Content Regulation in Review at the Supreme Court
In the case of Netchoice v. Paxton, the US Court of Appeals, for Fifth Circuit (New Orleans) upheld the Texas law disbarring online platforms with more than 50 million monthly active users in the United States from moderating content on their platform, in contravention of First Amendment Right to editorial decisions. This decision paves way for all kinds of content being allowed to float in the market without moderation, including, hate speech, spam-bots, violent and graphic content. The case, on a plea submitted by the social media platforms and tech companies like Meta, Google, etc. is now under review at the Supreme Court.
Copyright Case of Use of Copyrighted Material for Wedding Ceremonies Settled Out of Court- Expert Opinion Submitted on Record
In the case of Phonographic Performance Ltd. v. Lookpart Exhibitions and Events Pvt. Ltd. the Delhi High Court, taking the submission for expert Dr.Arul Geroge Scaria on record, observed that ‘a proper balance has to be struck between rights of copyright owners and the rights of the users or society through limitations and exceptions’. Dr Scaria submitted that, “Section 52(1)(za) provides that public performance or communication to the public of sound recordings in the course of bonafide religious ceremonies or an official ceremony, will be exempted from liability of copyright infringement. The explanation to the provision states that a religious ceremony includes a marriage procession and other social festivities associated with marriage.” In the light of recent judgements, where copyright infringement is a cognizable, non-bailable offence, a narrow interpretation of the provisions of Section 52(1)(za) may lead to “potential harassment by police officers and copyright owners” during important ceremonies or festivities associated with the marriage. The case was settled out of court on 10th October, 2022, before a judgment could be passed.
Authored by Ipshita Bhattacharyya (Associate, BananaIP Counsels) and Rohan Cherian Koshy (Intern, BananaIP Counsels)
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