Monday, 19 March 2012

Blogs to pay royalties for posting YouTube videos – Oh Dear!

The Brazilian collecting society which is charge of collecting royalties in behalf of the creators has sent a bill to a blog. The blog in question is a non-profit blog that covers design, art, technology and culture. While the blog contains some ads they are no more that to exchange support to others in the blogosphere.

The Central Bureau of Collection and Distribution (ECAD) sent an e-mail to the blog Caligraffitti warning it that it would have to pay royalties for videos taken from YouTube and Vimeo that have being inserted in the blog. As soon as the e-mail was received, Mr Oliveira, one of the managers of the blog, called ECAD to enquiry about this. Ring…ring…ECAD here…yep… no mistake…"You Tube pays because they are transmitter, but blog are communicators and so, they have to pay too”. Since the end of February, ECAD started to charge some ebcasting for this matter.

A charge to be paid
ECAD is charging a monthly fee to the blog for being classified as a webcasting/broadcasting programs originating from the internet itself. It was also classified as podcasting, simulcasting and the setting of sites.

Mr Olivero disagrees with this monthly payment noting that it charges like a package and not by videotape for example, meaning that it is regardless of the amount used each month [I guess he refers as something like ‘pay per view’ or ‘pay as you go’]. For this reason and taken advice from a counsel the blog was taken down. However after some more digging and advice “all (bloggers and lawyers) agree that this kind of attitude would inhibit the Brazilian blogosphere” and thus, decided to relocate and put the site up.

Going back to ECAD, it firstly noted that Art 5 of section II of Law 9610/98 which covers the right of public performance in digital mode [… the transmission or dissemination of sounds or sounds and images through of radio waves, satellite signals, wire, cable or other conductor, optical or other electromagnetic process…] does indeed includes the internet. Secondly, it denied that there is a double recovery (from YouTube and from the blogs) because these two are different forms of use and are independent of each other.
More importantly, ECAD praise itself for focusing on the “awareness and enlightenment on the need of copyright payment, not only because it is a legal requirement but because it shows respect to authors and their works”.


ECAD before moving?
Pressure or a change of heart?
The case came to light in the O GLobo newspaper as well as the online edition of the magazine Forbes and other news reporters. To this effect, Marcel Leonardi, director of Public Policy and Government Relations of Google Brazil, sent a missive saying that while ECAD and Google have signed an agreement, Google does not endorse ECAD to charge third parties for using and/or posting YouTube videos. Mr Leonardi finally stated that he hopes that "the Ecad stop this behaviour and withdraw its complaints against the users." And so....ECAD has now reassessed the matter and explained that the notifications were sent before they were moving and it was an operational misunderstanding. [I still do not get this - a bug in the computer system? they were moving so they left unnatended the system? sorry, this is not clear to me and if there is some one that 'is not moving' can you please clarify this issue?].

Source BOL noticias.

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