GETTING THROUGH THE DEAL Copyright Copyright Contributing editors Andrew H Bart, Steven R Englund and Susan J Kohlmann 2016 2016 © Law Business Research 2016 Talk about Jenner & Block The National Law Journal Legal 500 – Copyright Team of the Year – Intellectual Property Hot List Jenner & Block was named Jenner & Block is among the 15 elite firms “Copyright Team of the Year” named to The National Law Journal’s 2016 by Legal 500 US in 2015, marking the “Intellectual Property Hot List,” third time that the firm has received marking our second consecutive year on the list. this prestigious recognition as the No. 1 copyright practice in the country. 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Encompass Print Solutions First published 2006 Tel: 0844 2480 112 Dan White Eleventh edition [email protected] ISSN 1748-8257 © Law Business Research 2016 CONTENTS Overview 5 Japan 63 Andrew H Bart, Steven R Englund and Susan J Kohlmann Takashi Nakazaki Jenner & Block LLP Anderson Mōri & Tomotsune Australia 6 Mexico 67 Kristin Stammer and Helen Macpherson Carlos Trujillo and Karla Alatriste Herbert Smith Freehills Uhthoff, Gomez Vega & Uhthoff Austria 11 Nigeria 73 Sonja Dürager Emmanuel Ekpenyong, Oluwole Awe and Chamba Unongo bpv Hügel Rechtsanwälte OG Fred-Young & Evans Belgium 17 Poland 77 Karel Nijs and Vicky Bracke Dorota Rzążewska LMBD Prioux JWP Patent & Trademark Attorneys Brazil 24 Spain 83 Rodrigo d’Avila Mariano, Talitha Correa Chaves and Jesús Arribas, Beatriz Bejarano and Guillem Villaescusa Cristina Zamarion Carretoni Grau & Angulo Chiarottino e Nicoletti – Advogados Switzerland 88 Chile 30 Brendan Bolli and Sven Capol Claudio Magliona, Nicolás Yuraszeck and Carlos Araya E Blum & Co AG García Magliona Abogados Turkey 93 China 36 Sıdıka Baysal Hatipoğlu, Gökhan Uğur Bağcı and Benan Ilhanli Xie Guanbin, Zhang Bin and Che Luping B+B Law Firm Lifang & Partners United Kingdom 97 France 42 Douglas Peden, Varuni Paranavitane, Anna Rawlings and Olivia Bernardeau-Paupe Robert Guthrie Hogan Lovells LLP Osborne Clarke Germany 47 United States 102 Jasper Hagenberg and Christine Nitschke Andrew H Bart, Steven R Englund and Susan J Kohlmann Buse Heberer Fromm Rechtsanwälte Steuerberater Jenner & Block LLP Partnerschaftsgesellschaft mbB Venezuela 109 Greece 52 Matías Pérez-Irazábal Alkisti-Irene Malamis Hoet Pelaez Castillo & Duque Malamis & Associates India 57 Pravin Anand and Tanvi Misra Anand and Anand 2 Getting the Deal Through – Copyright 2016 © Law Business Research 2016 PREFACE Preface Copyright 2016 Eleventh edition Getting the Deal Through is delighted to publish the eleventh edition of Copyright, which is available in print, as an e-book and online at www.gettingthedealthrough.com. Getting the Deal Through provides international expert analysis in key areas of law, practice and regulation for corporate counsel, cross-border legal practitioners, and company directors and officers. Throughout this edition, and following the unique Getting the Deal Through format, the same key questions are answered by leading practitioners in each of the jurisdictions featured. Our coverage this year includes a new chapter on Nigeria. Getting the Deal Through titles are published annually in print. Please ensure you are referring to the latest edition or to the online version at www.gettingthedealthrough.com. Every effort has been made to cover all matters of concern to readers. However, specific legal advice should always be sought from experienced local advisers. Getting the Deal Through gratefully acknowledges the efforts of all the contributors to this volume, who were chosen for their recognised expertise. We also extend special thanks to the contributing editors, Andrew H Bart, Steven R Englund and Susan J Kohlmann, of Jenner & Block LLP, for their continued assistance with this volume. London July 2016 www.gettingthedealthrough.com 3 © Law Business Research 2016 Jenner & Block LLP OVERVIEW Overview Andrew H Bart, Steven R Englund and Susan J Kohlmann Jenner & Block LLP Copyright law around the world continues to evolve to address advances Access to Published Works for Persons Who Are Blind, Visually Impaired, in technology and adoption of new communications media. Judicial deci- or Otherwise Print Disabled focuses on copyright exceptions relating to sions, international treaties and proposed national legislation in vari- the creation and dissemination of materials accessible to the blind and ous countries all reflect efforts to strike the appropriate balance between other print-disabled persons. Seventeen countries have now ratified or encouraging creativity by providing meaningful protection of intellectual acceded to that treaty. Both treaties are yet to enter into force. In addi- property rights and encouraging continued growth and development of tion, on 4 February 2016, 12 Pacific Rim countries signed the Trans-Pacific new technologies. Partnership, which contains significant copyright provisions. It is now The unauthorised dissemination of copyrighted works over the inter- under review in those countries, as described further in the chapters con- net continues to raise new questions for copyright owners worldwide, and cerning Chile, Japan, Mexico and the United States. has been the subject of proposed legislation as well as judicial decisions Various countries have ongoing legislative efforts to update and mod- in various countries. For example, in 2015, Australia enacted legislation ernise their copyright laws. In the United States, a wide range of copyright to provide for blocking of access to infringing sites, and a proposal for policy issues have been under review for several years. In the European such legislation is pending in Switzerland. China and Spain have recently Union, the Commission is considering a copyright modernisation initia- adopted new penalties for internet-related copyright infringement, and tive to address the ‘Digital Single Market’. Another issue being examined legislation is pending in Nigeria to provide better protection of copyright legislatively in multiple countries is management of collective licensing. in the digital environment. While France considers legislation addressing Implementation of the 2014 EU Directive on Management of Copyright whether cloud computing should be added to its system of copyright lev- and Related Rights has been proceeding. Efforts to implement it are noted ies, the courts in Brazil are considering whether an internet transmission in the chapters concerning Germany and Greece. Other collective licens- constitutes a public performance. ing proposals are under evaluation in India, Mexico and Switzerland. Two major international copyright treaties remain pending. The 2012 As the digital world continues to evolve, so do copyright laws around Beijing Treaty on Audiovisual Performances is a multilateral treaty that the world. We hope that you find our analysis helpful and informative as would, for the first time, comprehensively