3 Count: Narrow Passage

Another major change may be on the horizon...

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1: EU Copyright Reforms Draw Fire from Internet Luminaries as Key Vote Looms

First off today, Foo Yun Chee at Reuters reports that the Legal Affair Committee off the European Parliament narrowly voted in support of a new Copyright Directive, one that is drawing controversy for how it may require service providers to filter potentially infringing content.

Though much of the directive has broad support, two of its articles have been particularly controversial. Article 11 would require Google, Microsoft and others to pay for showing news snippets and Article 13 would require online platforms to install filters to prevent users from uploading infringing material.

Unless opponents of the bill are able to force a vote before the full Parliament, the vote will likely be the Parliament’s official stance as it heads into negotiations with EU countries. The bill is decried by critics, who claim that the directive could turn the internet into a tool for censorship though many rightsholders, in particular news publishers, support the bill.

2: Warner Bros Claims Spain Court Victory Following Piracy Dispute

Next up today, Andreas Wiseman at Deadline Hollywood reports that Warner Brothers has announced a legal victory in Spain. There it says it has secured a court victory against the local distributor Gaidels, which it accused of illegally selling classic movies without a license.

According to Warner, Gaidels would license films to local broadcasters using forged documents, prompting Warner Brothers to file a lawsuit. The court, after hearing arguments, ordered Gaidels to cease all distribution of Warners’ films and awarded damages.

The details of the judgment, including the damages award, are unknown. Warner added that the case is an example of how they take piracy in Spain “very seriously.”

3: Anish Kapoor Sues NRA for Copyright Infringement of Bean Sculpture

Finally today, Maximilíano Durón at Artnews reeports that the British artist Anish Kapoor has filed a lawsuit against the National Rifle Association (NRA) over the NRA’s use of his sculpture Cloud Gate, better known as “The Bean”, in an online advertisement last year.

In the complaint, Kapoor alleges that that the NRA used an image of The Bean, which resides in Chicago’s Millennium Park, in a 2017 video ad entitled The Clenched Fist of Truth. Kapoor claims that he repeatedly asked to have his work removed from the video, stating that he objected to the message of the video and the inclusion of his art in it.

Kapoor is seeking a jury trial, $150,000 per infringement as well as any profits from the use and any legal fees he incurs in the litigation.


That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

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