Argentine Justice orders Blocking Popular Movie Streaming Website Cuevana2 after Copyright Infringement
Chamber V of the Argentine National Criminal and Correctional Chamber reversed a First Instance ruling that had rejected a precautionary measure requested by Fox, Disney, Paramount, Columbia and other companies that act as joint plaintiffs against the Cuevana2 site, and ordered their provisional blocking of the site, for alleged violation of the Intellectual Property Law 11723, considering this measure as reasonable, appropriate and proportional..
The aforementioned site, created by Tomás Escobar from San Juan in 2011, which began as a small-scale personal project, aroused the interest of the large film companies as it became one of the largest sites for movies and online series from which any user can access for free, by using a streaming system, to Fox, Disney, Paramount, Columbia and other companies audiovisual productions.
For this reason, the complainant demands to the Court the blocking of all websites associated with the name of “Cuevana” in Argentina due to the fact, that the streaming service changed its name to Cuevana 2, in 2014, 5 years after it began to offer access to movies and series, without permission, under the Cuevana brand.
Thus, the second instance in charge of approving this precautionary measure, based its …
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If you don’t Pay – you don’t Play!
Concerts of the “Tigres del Norte”, a Mexican popular band, scheduled in Colombia for the first days of November were not carried out because the event’s entrepreneur did not cancel the Colombian Authors and Composers Society, (SAYCO ), the copyright of the musical works that would be heard in the show.
This precautionary measure was issued by the National Directorate of Copyright, (DNDA), and marks a historic milestone in the fight against the illegal practice of individual management in Colombia, which will make it possible to bluntly prevent any previous event musical that uses works protected by copyright, without the corresponding payment to SAYCO.
It is important to remark that SAYCO is the only Collective Management Company authorized in the country to collect the author’s rights, and according to what was expressed by the Manager, Cesar Ahumada, “(…) the organizers of the aforementioned event canceled the rights of an individual manager which corresponds to collect SAYCO.
In this way, the management company SAYCO advances in the protection of copyrights within Colombia through these and other sanctions, to prevent this kind of behavior that affects protected works from spreading.
SOURCE: http://sayco.org/…
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Could food be protected by copyright?
Since any student begins to study the law of Copyright in Argentina, we learn that this right protects the expression by a human being of ideas, procedures, methods of operation and mathematical concepts but not those ideas, procedures, methods and concepts in themselves. Typical examples of this exclusion were always weight loss methods, scientific theories and “culinary recipes”.
However, since a few years ago many chefs began to demand some recognition for the recipes and dishes created, according to the first ones, opening the subject to the following debate: does gourmet creation deserve to be protected by copyright? The answer to this basic question will determine if someone who plays the same dish as a chef must pay the author a certain right of remuneration or royalty.
As in any debate, we will always find the two positions: those in favor of recognizing the author’s copyright, basing their thinking on the need to protect the culinary creative act, comparing it with other artistic creations (musical, literary) that do they find protected. While on the other hand, we find the position contaria who argue that only can be considered “author’s dish” to that cooked by its author, …
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Hotels put the Copyright law of Argentina under pressure
As a result of an investigation by the National Commission for the Defense of Competition (CNDC), the Ministry of Commerce fined the Argentine Society of Authors and Composers of Music (Sadaic) for US $ 1,567,945. The survey determined that Sadaic charged “excessive prices” on copyright fees paid by hotels and other establishments for music reproduction in hotels guest rooms.
To determine this fine, the CNDC made an international comparison of the tariffs paid for the reproduction of musical works and the result of the investigation determined that in Argentina hotels and other establishments pay between six and nine times more than the average of the reference countries.
These fees imply a fee payment for copyright for playing music in hotels. With the calculation methodology used by Sadaic, each hotel must pay the fee for having televisions in the rooms, regardless of whether the room was occupied or not and if musical works were even used.
“This measure implies an improvement in the competitiveness of the tourism sector and enables the reduction of tariffs for rights of authors and composers charged for the secondary reproduction of TV and music content in hotels,” according to the president of …
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Colombia Upgrades it’s Copyright Law
After arduous debates in the legislature and the public sphere, Law 1915 was enacted in Colombia in July. This also means Law 23 of 1982 is modified and new provisions are established in the area of copyright and related rights.
The law had a very controversial debate process, taking six years of discussions with working groups from organizations that defend digital rights, rights of people with visual disabilities, library advocates and journalists.
This project, in principle, responded to the need of Colombia to comply with some commitments acquired by the country in the framework of the Free Trade Agreement with the United States, in force since May 15, 2012.
According to the National Directorate of Colombian Law, the main changes that Law 1915 establishes include
- Specifies the scope of some author and related patrimonial rights with respect to the digital rights.
- Extends the term of protection when the rights are headed by legal persons.
- Expands the range of limitations and exceptions to copyright and related rights, reaffirming Colombia as the owner of one of the broadest ranges in these issues.
- Regulates the use of orphan works, placing Colombia as the pioneer in this type of regulation.
Venezuela PTO Faces Difficult Future
By Moeller IP Advisors
Dear Clients and Associates,
The Venezuelan Association of Industrial Property Agents (COVAPI) has issued a statement related to the suspension of services of the Autonomous Services of Intellectual Property (SAPI), who since August 28, 2018 has decided to temporarily and unilaterally suspend the provision of their usual services.
Below the text of the statement:
TO OUR ASSOCIATES, COLLEAGUES AND OTHER USERS OF THE INTELLECTUAL PROPERTY AUTONOMOUS SERVICE (SAPI)
The Venezuelan Industrial Property Agents’ Association (COVAPI) hereby informs its members, colleagues and general public that the Intellectual Property Autonomous Service (SAPI), as of August 28, 2018, has suspended to render services, motivated by certain “internal affairs”, pursuant to various official notifications issued by the entity.
This suspension of services prevents the submittal of any trademark, patent and/or copyright application, notwithstanding the fact that there are three (3) IP Bulletins currently in force which generate several recourses that must be actioned by the owners of these intangibles and who are unable to do so, thereby negating their right of defense and request for protection of their intellectual rights.
COVAPI has already sent a communication to the competent authorities expressing its concern upon the climate of uncertainty and lack …
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