ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Intellectual Property Law Blogs -> IPKat

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Intellectual Property Law

: IPKat

Sony has its day in court in Dylan reference

By Jeremy

ADVERTISEMENTS
The IPKat has learned from his friend Stephanie Bodoni (Bloomberg) how media giant Sony BMG has been asking the European Court of Justice today (Case C-240/07 Sony Music Entertainment) to uphold its rights to some of Bob Dylan's most famous songs, including "Blowin' in the Wind" and "Mr Tambourine Man".

Right: Bob Dylan, in 1966

As the law in the European Union stands at present, works are protected by copyright throughout the 27-nation bloc as long as they were protected in at least one of the EU member states on 1 July 1995. According to Sony BMG lawyer Martin Schaefer, in an interview before today's hearing, Sony had copyright protection over the Dylan tracks in 1995 in the UK. Sony objected that German music producer Falcon Neue Medien Vetrieb GmbH was selling Dylan's music in albums entitled "Bob Dylan -- Blowin' in the Wind'' and "Bob Dylan -- Gates of Eden" without authorisation. However, Falcon has persuaded the German courts that Sony BMG has no rights in Germany for Dylan songs published before 1966 because no copyright protected sound recordings before that year.

The three questions which the German Bundesgerichtshof (Supreme Court) has referred for a ruling are

"Does the term of protection granted by Directive 2006/116 ... on the term of protection of copyright and certain related rights ... under the conditions set out in Article 10(2) thereof apply also in the case of subject-matter that has not at any time been protected in the Member State in which protection is sought?

If Question 1 is to be answered in the affirmative:

Do national provisions governing the protection of rightholders who are not Community nationals constitute national provisions within the meaning of Article 10(2) of Directive 2006/116?

Does the term of protection granted pursuant to Article 10(2) of Directive 2006/116 also apply to subject-matter that, on the date specified in Article 10(1) of that directive, fulfilled the criteria set out in Council Directive 92/100 ... on rental right and lending right and on certain rights related to copyright in the field of intellectual property, but whose rightholder is not a Community national?"

The IPKat promises to follow this dispute, which should result in an Advocate General's Opinion and eventually a ruling.

Bob Dylan here and here. Bob Dylan impersonators here and here (best viewed with the sound muted).
Other famous Dylans here and here
Not such famous Dylans here
Catin in the Well here

Full post as published by IPKat on April 15, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.013 secs (new cache)