Copyright Infringement
Although the precise terms of the Court order will be announced later this week, the judgment is clear that the Court will order Newzbin to stop giving users access to the films and television programmes that belong to the member companies of the Motion Picture Association. In the ruling issued today, the court found that the UK-based company engages in copyright infringement even though the protected content does not reside directly on its website. Rather, Newzbin provides links to unauthorized copies of copyright works, including films, TV programmes, commercial software as well as other illegal content. Newzbin charges a monthly fee for subscribers to use its services and has built a substantial business based on copyright infringement.
“We welcome the Court’s decision today,” said Ted Shapiro, the Motion Picture Association’s general counsel for Europe. “Newzbin is a source of immense damage to the creative sector in the UK and worldwide. This is an important decision and it sends a clear message that websites focusing on providing viewers with pirated film and TV programmes infringe copyright and are liable for their actions even where those websites don’t themselves host the content. This decision will help to support the continued investment in new legal online services and the creation of new films and television shows for enjoyment by audiences both in the UK and around the world.”
The Court ruling clarifies the implementation of European legislation in the UK, finding that the services of Internet intermediaries are increasingly being used by third parties to infringe copyright, and that such parties are in the best position to bring such illegal activities to an end.
Shapiro said that the MPA remains committed to its core mission of encouraging and pursuing common-sense solutions that support the creativity of the motion picture industry and offer film fans the widest possible choice of movies and TV programmes to enjoy.
Notes to Editors:-
Q) If existing legislation can be used to address online copyright infringements, why do rights holders need the proposed clause 18 in the Digital Economy Bill?
A). The industry has long stated that there are many issues that need to be addressed to reduce Piracy. We are pleased this ruling has established that it is proportionate and reasonable for courts to order UK-based sites to implement measures to address online theft.
Now that the principle is beyond doubt, clause 18 in the Digital Economy Bill will clarify a more efficient framework for delivering relief to rights holders promptly and that will reach sites outside of the UK. In many cases – for example with a leaked pre-release film [or an untelevised sporting event] available online – time is of the essence. Clarification that we are able to go to court quickly and have the evidence assessed in time to prevent infringements happening, is very much to be welcomed. Clause 18 has not been about creating new rights and obligations – the objective is to clarify the law and render it more effective.
