GOOGLE & BING AGREE TO VOLUNTARY CODE OF PRACTICE TO DEMOTE COPYRIGHT INFRINGING SITES IN UK SEARCH RESULTS

Digital Piracy. Photo: E+/Getty Creative

Google and Bing have agreed to a 'voluntary code of practice' with the aim of limiting the ability of users to visit sites with infringing content once notified from the rights holders. Under this novel UK code, users will experience difficulty in searching for 'pirated films, music and illegally streamed live football matches'. The goal is to demote illegal sites and direct users who search for content to bona fide providers instead.

The Intellectual Property Office (IPO) reportedly assisted by the Department for Culture, Media and Sport campaigned for the introduction of the Code.  OFCOM also supported discussions on proposals on the manner of presenting search results to users and possible techniques and metrics to discourage UK consumers from accessing illegal content. It is hoped that the agreement will work alongside other 'anti-piracy measures against online infringement such as court ordered site blocking, working with brands to reduce advertising on illegal sites and the Get it Right From A Genuine Site consumer education campaign, which encourages fans to value the creative process and directs them to legal sources of content.' (via The Inquirer)

Many stakeholders have expressed optimism on the code and are looking forward to its implementation from 1 June 2017. Stan McCoy, of the Motion Picture Association in Europe, said: “Pirate websites are currently much too easy to find via search, so we appreciate the parties’ willingness to try to improve that situation...We look forward to working on this initiative alongside many other approaches to fighting online piracy, such as the Get it Right campaign that aims to help educate consumers about the many ways to enjoy film and television content legally and at the time of their choosing.” Geoff Taylor, chief executive of BPI added that "The code will not be a silver bullet fix, but it will mean that illegal sites are demoted more quickly from search results and that fans searching for music are more likely to find a fair site.” (via The Guardian) 

Meanwhile, it has been reported that the UK government has shelved plans to enforce an 'anti-piracy' law on search engines based on the agreed code. The government has removed an anti-piracy amendment made to the Digital Economy Bill that would have forced the search firms to take action on 'pirated' content. The code won't be applicable to all search services, especially those not covered by English law and if it fails to succeed, the government may likely go back to the drawing board. The IPO will observe Google and Bing's compliance over the next few months and make additional recommendations if deemed necessary.

In recent debates on the Digital Economy Bill in the House of Lords, Baroness Peta Buscombe stated: "Since the idea was last discussed in [parliament], Intellectual Property Office officials have chaired a further round-table meeting between search engines and representatives of the creative industries...While there are still elements of detail to be settled, the group is now agreed on the key content of the code and I expect an agreement to be reached very soon. All parties have also agreed that the code should take effect, and the targets in it be reached, by 1 June this year."

It would be interesting to see how the implementation of the code plays out and how effective it is in addressing the issue of infringement and digital piracy. If it proves successful, the measures can possibly be adopted in other countries or regions to curb this global issue.

ARIPO AND OAPI SIGN COOPERATION AGREEMENT

A four-year Cooperation Agreement has been signed between the African Regional Intellectual Property Organization (ARIPO) and the Organisation Africaine de la Propriété Intellectuelle (OAPI) [African Intellectual Property Organization]. The Agreement was signed on 9 February 2017 at the ARIPO headquarters in Harare, Zimbabwe and is aimed at improving the working relationship between both organisations. It also effectively abrogates the earlier 1996 and 2005 Agreements between ARIPO AND OAPI.

According to ARIPO, the 2017 Agreement creates a 'comprehensive cooperation framework in intellectual property matters' for both organisations.  "In the new Agreement, OAPI and ARIPO have agreed to: work towards the harmonization of their systems; exchange documentation and technical information; mutually cooperate in the development of training and joint capacity building programs including in user awareness. The agreement also requires that either party offers technical assistance to the other when such assistance has been requested for. Importantly too, OAPI and ARIPO agreed to take common positions on major IP issues affecting the Member States of the two organizations at continental and international levels."

ARIPO is made up of 19 member states that are mostly English-speaking African nations and was established by the Lusaka Agreement of 1976 (then African Regional Industrial Property Organization) with the main objective of fostering 'cooperation in industrial property [that] is intended to achieve technological advancement for economic and industrial development of the member states.' Membership is open to states that belong to the United Nations Economic Commission for Africa (ECA) or the African Union (AU).  The OAPI, on the other hand, has 17 member states, mostly French-speaking African countries, including Benin, Cameroon, Chad, Gabon, Guinea, Ivory Coast, Mali, Niger, Senegal and Togo. It was set up by the Bangui Agreement of March 2, 1977 to interalia 'implement and apply common administrative procedure deriving from a uniform system for the protection of industrial property as well as the provision of international agreements in this field to which the Member States of the organisation have acceded and providing services related to industrial property'. 

ARIPO and OAPI have developed a joint biannual work plan for 2017-2018 to begin operations with the 2017 Agreement. This includes several prospective activities in the different areas of cooperation, as well as expected results and details of coordination, administration and timelines. A Commission made up of members from both organisations will also meet to assess the level of implementation of the agreed work plans.

BEYONCÉ SUED FOR COPYRIGHT INFRINGEMENT

Photo: Forbes- Duane Prokop/Getty Images

Messy Mya (Photo: YouTube)

The estate of late Messy Mya (Anthony Barre) has filed a lawsuit in New Orleans against renowned singer Beyoncé Knowles for copyright infringement by the latter. The claim alleges that the diva's 'sampled' and 'included' the late rapper's voice from "A 27 Piece Huh" and "Booking the Hoes from New Wildings" in her hit song "Formation" (on her "Lemonade" album) without acquiring the requisite permission from the family. 

The suit was filed in the US District Court in the Eastern District of Louisiana, claiming several "protectable copyright interests in the musical composition and sound recording of Anthony Barre's original and unique works of performance art." (via NLIPW)

The New Orleans Times-Picayune reports the following as the unlawful uses of the Messy Mya's work in the suit:

• "Messy Mya’s voice saying “What happened at the New Orleans?” and “B—- I’m back by popular demand” in the openings for both the audio and video recordings of “Formation.” Later in Beyoncé’s song and video, Messy Mya’s voice can be heard saying “Oh yeah baby. I like that.”
• During the Formation World Tour, Messy Mya’s voice was heard saying “Oh yeah baby, I like that,” when Beyoncé “and the other performers move from one area of the stage to another” about four minutes into the show, the suit said. 
• Messy Mya’s words, “B—- I’m back by popular demand” were imitated by Big Freedia during the opening to performances of the Formation World Tour in New Orleans and Houston. In other cities on the tour, the words were imitated by male performers."

 

The lawsuit alleges that these sampled words 'create the tone, mood, setting and location of the New Orleans-themed 'Formation' video and audio recordings', including live performances of the song in the artiste's '2016 Formation World Tour Concerts'.  It also alleges that the sample was "blatant in both scale and degree" and Mya "has received nothing — no acknowledgment, no credit, no remuneration of any kind." This is despite their attempts to contact the artiste to include the appropriate credits.  

Sony Music, video director Melina Mastoukas and the publishers of the song and the studio album, have been added as defendants in the suit by Angela Barre, the late rapper's sister and sole heir.  The sum of $20 million has also been demanded by the attorneys in royalties and damages for “wilful copyright infringement, false endorsement, unfair trade practices and unjust enrichment”. 

The late rapper had died in 2010 after being shot in New Orleans. It is claimed that the video for “Formation” was 'a politically-charged ode to Black Lives Matter'. The court will have to determine whether Beyoncé's use of the rapper's voice could constitute fair use, a homage or political ode, especially with the issue of non-acknowledgement and great profit from the very successful Grammy-nominated single.  S.107 of the US Copyright Act provides for the defence of fair use which includes purposes such as criticism, comments, education, research, reporting of news and current events etc.  These issues of commercial gain and non-acknowledgment may not be easily ignored and is likely to be considered by the Judge in making this determination should the case goes on.  Nevertheless, the case seems to have all the ingredients for a good out of court settlement, especially as the diva's focus is set on her expected twins. It would be good to see the outcome of this suit.