Sentences with phrase «of communication to the public»

In terms of communication to public and therefore what gets taught in schools.

This does not provide for much legal certainty particularly now because pursuant to Filmspeler even the sale of devices containing software linking to unlawfully uploaded content can constitute an act of communication to the public if the seller knows about the infringing nature of these links.

First, the CJEU further extends the scope of Article 3's right of communication to the public to the sale of devices that contain software with hyperlinks.

It alleges that by selling the Filmspeler the defendant makes an act of communication to the public under Article 3 of the Information Society Directive (InfoSoc Directive) as implemented into Dutch law, which requires authorisation from the right holder.

The outcome of this extension might still be subject to argument, but what is certainly confusing is the analysis the Court has developed to identify acts of communication to the public.

This means that, unless rebutted, Mr Wullems exercises an act of communication to the public by offering for sale his Filmspeler device and installing on it software that contains links which, as he is fully aware of, lead the user to illegally uploaded content (paras 50 - 51).

By its first two questions, the referring court, the Rechtbank Midden - Nederland (District Court, Midden - Nederland, Netherlands), asks in essence whether the selling of a device such as the Filmspeler, which includes pre-installed software containing links to streaming websites with unlawful content, constitutes an act of communication to the public within the meaning of Article 3 InfoSoc Directive, and whether this assessment is influenced by the fact that:

The CJEU has established a set of criteria that have to be taken into consideration when a national court assesses whether an act of communication to the public has taken place.

Pursuant to Article 3 (1) InfoSoc Directive the right of communication to the public includes «any communication to the public of their works, by wire or wireless means» which includes «the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.»

In this assessment a court has to consider the role of the user and whether his intervention was made knowingly and whether it was necessary to give access to the content; a court has to further ask whether the act of communication to a «public» is made to an indeterminate number of individuals where that number has a certain magnitude, and whether this communication uses technical means different from those of the original act of communication; and finally, whether the act of communication to the public serves to generate profits for the user.

FAPL / Murphy, to SGAE v Rafael Hoteles and SCF v Marco del Corso) an act of communication to the public consists of two elements (para. 32): (1) an» act of communication» (2) to a «new public».

The Court expresses itself rather vaguely by stating that a user might make an act of communication to the public if he «knew or ought to have known that the hyperlink he posted provides access to a work illegally placed on the internet ``.

Users who post links to «illegal» content that do so without an economic motivation do not make an act of communication to the public if they can not reasonably know that the content has been uploaded without permission from the right holder.

In particular the latter two elements might prove problematic when determining whether an act of communication to the public actually occurred.

This post discusses the AG's interpretation of the right of communication to the public in relation material which is made available on the Internet without the consent of the rightholder.

Accordingly, links to freely available content that has been posted without the consent of the right holder could constitute an (infringing) act of communication to the public if they have been posted to content which has been made available without the consent of the right holder.

In relation to the second criterion under Aricle 3 (1) InfoSoc the AG recalls FAPL / Murphy and Svensson, in both of which the Court had argued that a «new public» is a group of individuals other than that for which the initial act of communication to the public was authorized.

In its judgment on 26 April the CJEU extends the scope of the right of communication to the public under Article 3 of the Information Society Directive (Directive 2001 / 29 / EC), which grants a right holder the exclusive right to communicate a work or a related right to the public, to cover the sale of devices which contain pre-installed software that provides its users with links to unlawful streaming content.

In arguing so, the AG established a new meta - criterion of «indispensability», under which an act of communication to the public takes place when users could not gain access to works if it was not for that particular intervention; a mere facilitating intervention would not suffice.

The AG rejects any other requirements for the interpretation of Article 3 (1), which would unnecessarily extend the scope of the right of communication to the public (paras. 76 - 7).

Such an interpretation of Article 3 (1), which potentially makes linking to infringing content an act that infringes the right of communication to the public, would have created (too) much legal uncertainty.

Instead, the Court adds to the ever - growing catalogue of elements that are constitutive (or not) of an «act of communication to the public», their «interdependence» further complicates any analysis:

The AG answers the question whether liking behind a paywall, or in order to circumvent any other technical access restriction, falls within the scope of the right of communication to the public.

Not exact matches

Ali, moreover, points out that planners, because they work so often with members of the public, need to be versed not just in the technical elements of the job; they must also possess exemplary communications skills, and have to be able to respond to criticism or skepticism from residents.

«In this day and age when everyone has a megaphone and people are watching, you almost have to answer publicly,» said Bob Geller, president of Fusion Public Relations, a New York - based marketing and communications firm.

Despite becoming aware of the breach and having it reported to Yahoo's senior management and legal department, the company failed to properly investigate and did not disclose it to the public until more than two years later, when it was in the process of being acquired by Verizon Communication Inc, the regulator said.

According to Bob Reid, chief media strategist with Veritas Communications in Toronto, News Corp. has failed to observe the «holy trinity» of crisis communications: being honest with the publiCommunications in Toronto, News Corp. has failed to observe the «holy trinity» of crisis communications: being honest with the publicommunications: being honest with the public regarding 1.

Adapting services to include new digital platforms is a key focus for the major players in Perth's communications sector led by Cannings Purple, which has maintained its top spot on the Business News ranking of the state's largest public and investor relations firms.

«Social robots, if they're engaged in a public sense — even in a limited public sense — the design has to include considerations for social interactions,» said David Harris Smith, associate professor at McMaster University's Department of Communication Studies and Multimedia in Canada.

«For many people, I think their first impulse is to have an event,» says Joan Schneider, president and creative director of Boston public relations and marketing communications firm Schneider Associates, and author of the book «The New Launch Plan: 152 Tips, Tactics, and Trends from the Most Memorable New Products.

A 2010 study conducted by Cone Communications, a public relations and marketing agency focused on social causes, reported that 80 percent of consumers are more likely to purchase a product that supports a cause during the holiday season.

Johnson & Johnson was lauded in its response to the crisis, but this occurred in the days before social media, the Internet, and 24 - hour cable news, when careful consideration as to the tone and content of public communication could be timed to a daily, weekly, or monthly news cycle.

They'll request and review a lot of documents, including communications with the public and the type and extent of client information gathered by the advisor in order to make their investment recommendations.

He currently a communications consultant in the nonprofit, and is now with In The Public Interest, a group dedicated to highlighting the hazards of the privatization of public serPublic Interest, a group dedicated to highlighting the hazards of the privatization of public serpublic services.

He's worked in the communications office of the Department of Veterans Affairs, helping to formulate the public messaging of a sometimes troubled and often misunderstood wing of the federal government.

Basic policies cover incident response, public relations, legal fees, digital forensics (to find the source of the hack), customer notification, and crisis communication.

The initiative is the brainchild of Next 15, a digital communications group that owns seventeen marketing businesses that span across various industries and services, from digital content to market research to public affairs.

• Employee Code of Conduct for Online Communications • Employee Code of Conduct for Company Representation in Online Communications • Employee Blogging Disclosure Policy • Employee Facebook Usage Policy • Employee Personal Blog Policy • Employee Personal Social Network Policy • Employee Personal Twitter Policy • Employee LinkedIn Policy • Corporate Blogging Policy • Corporate Blog Use Policy • Corporate Blog Post Approval Process • Corporate Blog Commenting Policy • Corporate Facebook Brand Page Usage Policy • Corporate Facebook Public Comment / Messaging Policy • Corporate Twitter Account Policy • Corporate YouTube Policy • Corporate YouTube Public Comment Policy • Company Password Policy «While it may seem frivolous to spell out policies for every social network, that's not quite the point,» Falls says.

Jill Hazelbaker — a former Google employee and Whetstone's deputy at Uber — is slated to take over as senior vice president of Global Public Policy and Communications.

As I've argued before, there's reason to think that a company like Facebook — public or not — has special obligations due to its role as a piece of communications infrastructure.

«As we have said many times, we have always been committed to paying songwriters and publishers every penny,» Spotify global head of communications and public policy Jonathan Prince said in a statement.

In his comments, some of which were shared via Twitter by reporters and Uber's own communications team, also Khosrowshahi noted the downside of going public was the attention to metrics every quarter.

On Jan. 26, Acting Attorney General Sally Yates contacted White House counsel Don McGahn to raise concerns about discrepancies between the public accounting and what intelligence officials knew to be true about the contacts based on routine recordings of communications with foreign officials who are in the U.S.

When the airline originally launched, fares on the routes it targeted fell by up to 60 %, according to Brad Cicero, Porter's manager of communications and public affairs.

«Getting attention from the media is like getting free advertising on TV, in the newspaper, or via social media channels, allowing you to reach not only your current audience, but also people who may have never heard of you or your product,» says Wendy Duval, public relations and communications manager for The Vermont Teddy Bear Company.

It's used mainly by public relations, communications and marketing departments at agencies, and it's inexpensive, yet powerful enough to save a lot of work going into Twitter, YouTube, blogs, newsfeeds and search engines.

After graduating from Syracuse University with a degree in English and a concentration in film studies, she returned to her Alma Mater for her Masters in Digital Communications from the S.I. Newhouse School of Public Communications.

Says Katz, «Even if everything happened in Canada and would be subject to communication with the public by telecommunication, the fact that one crucial aspect of the activity takes place in the U.S. makes it unclear whose copyright laws apply.»

AN ONLINE service has been launched with the goal of improving communication between public relations consultants and the media.Internet service group Orbis has developed PressPass to facilitate the transfer of media materials, print quality images...

A 2010 Senate report by Senator Lieberman affirmed the President's authority during war, threat of war, or «a state of public peril» to «take over wire communications in the United States» and «shut a network down» under Section 606 of the Communicationcommunications in the United States» and «shut a network down» under Section 606 of the CommunicationsCommunications Act of 1934.