The newsletter begins with a look at the ruling by the European Court of Justice on website blocking. In a case referred by the Austrian Supreme Court, the ECJ said an ISP can be required to block subscriber access to websites that infringe copyright. However, any block must ensure a fair balance between the opposing interests that are protected by fundamental rights.
The ECJ said that a person who makes protected content available to the public on a website without the agreement of the rights holder is using the services of the business that provides Internet access to people accessing that subject matter. According to the published ruling, an ISP is “an inevitable actor in any transmission of an infringement over the Internet between one of its customers and a third party.” Therefore, an ISP that enables its customers to access protected subject matter made available to the public online by a third party is an intermediary whose services are used to infringe a copyright.
Our second feature examines the latest figures published by the Brazilian trade association ABPD. As recently as 2011, Brazil was still outside the mainstream globally when it came to trade revenues from recorded music. Its trade revenues from physical recorded-music sales actually rose that year, as did its overall recorded-music trade revenues. But trade revenues from physical formats have begun falling sharply, and gains made by digital services in the country are struggling to counter the demise of the once-dominant CD. According to ABPD, total trade revenues from its member companies, which include all of the majors and most Brazilian independents, were down 4.8% last year, to BRL374.1 million (US$174.4 million), from BRL392.9 million in 2012. Continue reading