Faced with demands for payment from multiple representatives of the same copyright owner, each purporting to license a different right that is alleged to be involved in the same transmission, licensees end up paying twice for the right to make a digital transmission of a single work. Background Almost a century ago, Congress added to the Copyright Act the right for copyright owners to make and distribute, or authorize others to make and distribute, mechanical reproductions (known today as phonorecords) of their musical compositions. Compare against Metcal, Easy Braid or Thermaltronics, which require separate (and expensive) tips to be purchased for each temperature desired! The court found that the seller continued to ask the buyer for information on the status of the complaints and pursued negotiations seemingly to reach a settlement agreement. The court ruled that, under the rules of private international law, Prague was the place of performance and thus its interest rate controlled. This case would have been an ideal opportunity for the court to interpret the contract and the Convention under the Article 7 mandate of promoting observance of good faith in international trade.
The legislation does not require that the consent decrees be modified; whether that occurs would be resolved in the ongoing antitrust proceedings. The channel state information (CSI) is not known a priori at either the transmitter or the receiver. One court did not even inquire whether missing price created a validity issue [Enterprise Alain Veyron v. Soc. E. Ambrosio 26 April 1995 (France)]. The dispute was between an Italian seller and a French buyer who contracted over the sale of sweets produced by the seller.
Not onl must the communication be timely, but it also must disclose relevant information to avoid any surprises. An important aspect of international trade is that, in practice, the parties heavily rely on reasonable conduct by the other party. The reality of digital transmissions, though, is that in many situations today it is difficult to determine which rights are implicated and therefore whom a licensee must pay in order to secure the necessary rights. However, it is anticipated that all other provisions of the existing consent decrees will remain in place, and it is possible that the consent decrees will be modified to take into account the new functions of the music rights organizations.