3 Count: Watering Hole

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1: Constitutional Court Judgement on the Copyright Amendment Bill in South Africa

First off today, Ben Cashdan at the Geneva Centre on Knowledge Governance reports that the South African Constitutional Court, the nation’s highest court, has ruled that the country’s recent copyright revisions were largely constitutional, including the introduction of a “fair use” doctrine.

The bill had been in the works for years, with Parliament trying to pass a broad rewrite of the nation’s copyright laws but the President expressing concerns about the bill. The Constitutional Court has weighed in, saying that the fair use provisions are constitutional as are a provision that would allow for some copying of computer programs to ensure interoperability.

One key area was struck down. That involved a provision that allowed educational institutions to make copies of materials. The Constitutional Court ruled that it amounted to an “arbitrary deprivation of property” and that it was not the copyright holder’s job to fund education. That element leaves the future of the bill in doubt.

2: France Approves Automated, Real-Time Blocking of Pirate Sports Streams

Next up today, Ernesto Van der Sar at Torrentfreak writes that a new law in France gives ARCOM, the nation’s media regulator, the power to block pirate streams in real time, without checking each link manually.

Under the previous system, ARCOM would have to manually approve each request for a site block to ensure that it was part of a previous court order. Under the new system, that check is no longer necessary and reported infringing domains will be forwarded for blocking immediately.

The hope is that this will greatly speed up site blocking and reduce the number of sites that simply move to new domains and servers. The country took inspiration from Italy’s “Piracy Shield” system, which provides similar real-time blocking. The new system is not live yet and it is not clear when it will be implemented.

3: Putnam County Bar Ordered to Pay $17,200 Plus Fees for Playing Unlicensed Music

Finally today, Gloria Ruth Finney at WGXA News reports that a bar in Georgia named The Watering Hole has been ordered to pay $17,200 in damages for playing unlicensed music.

The lawsuit was filed by Broadcast Music, Inc. (BMI) a performing rights organization that licenses the use of music in public spaces such as bars, restaurants and other venues. According to the lawsuit, the bar was playing BMI-licensed music without the proper licenses and refused multiple attempts to work with them.

As a result, BMI filed a lawsuit against the bar and now a judge has ordered the bar to pay $17,200 in damages and legal fees. The judgment also has an interest accrual of 4.1 percent per year until it is paid in full.

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