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Month: July 2017

Public comment by National Music Publishers Association on collective rights management rules review

NMPA believes the consent decrees have become a significant impediment to a well-functioning market for licencing the performances of musical works, resulting in inefficient licencing and failing to provide fair market-based compensation for songwriters and music publishers.

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Draft third edition of USA copyright office compendium – the copyrightability of a derivative work

A derivative work may be registered with the U.S. Copyright Office, provided that it constitutes copyrightable subject matter. Derivative works are a subset of the subject matter categories, rather than a separate and distinct category of work. In other words, the new material that the author contributed to the derivative work must fall “within one or more of the categories listed in section 102 of the Copyright Act.”

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SWD Online Platforms – their characteristics

Platforms are generally known as “two-sided” or “multi-sided” markets where users are brought together by a platform operator in order to facilitate an interaction (exchange of information, a commercial transaction, etc.). In the context of digital markets, depending on a platform’s business model, users can be buyers of products or services, sellers, advertisers, software developers, etc.

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Messengers, operating in Russia, can receive more freedom from Russian mobile operators

New draft law, currently considered, provides regulation for messengers like Viber or WhatsApp. In initial draft it was provided that messengers have to identify its users. Identification can be made with help of subscriber’s phone number and under agreement concluded between messenger and mobile operator. Such provision was very advantageous for mobile operators – without them messengers would not have opportunity to work in Russia.

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How new law regulates blocking of web-site mirrors in Russia?

In order to trigger the mechanism of blocking, the Russian Roskomnadzor has to receive a court order. After that, Roskomnadzor requires internet service providers (ISP) to restrict access to web-site in Internet permanently, if there was illegally placed information containing objects of copyright or information necessary to receive such objects with help of info-telecommunication networks, including Internet.

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Proposed amendments to Marrakesh EU directive

This Directive should provide for a mandatory exception to the rights that are harmonised by Union law and are relevant for the uses and works covered by the Marrakesh Treaty. Such rights include, in particular, the rights of reproduction, communication to the public, making available to the public, distribution and lending, as provided for in Directives 2001/29/EC, 2006/115/EC and 2009/24/EC, as well as the corresponding rights provided for in Directive 96/9/EC. As the scope of the exceptions or limitations required by the Marrakesh Treaty also includes works in audio form, like audiobooks, the mandatory exception provided for under this Directive should also apply to related rights.

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New draft law proposes to oblige social networks to bear responsibility in Russia for user’s content

Explanatory note to this draft law reveals its main goal – to prevent dissemination of illegal information in social networks. Note also underlines, that European countries also pay attention to regulation for social networks. Therefore, Russian legislators decided to be in trend, like foreign legislators.

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The Intellectual Property (Unjustified Threats) Act 2017 Business Guidance – statutory test

This guidance gives a general overview of the changes, almost all of which are expected to come into effect on 1 October 2017. The Act aims to improve the balance between a rights holder’s ability to protect their IP right while providing adequate protection to persons affected by unjustified threats.

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Draft third edition of USA copyright office compendium – copyrightable authorship

The Copyright Act protects “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” In determining whether a work is copyrightable, the Office analyzes questions such as:

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olé Media Management’s public comment on collective rights management rules review

Collective licensing is only viable where fair value is given for value received. olé believes that the Consent Decrees have become serious impediments to the attainment of fair compensation for music creators, particularly in relation to new media services. While new technologies have transformed the way people listen to music, the Consent Decrees have kept the collective licensing of musical works firmly rooted in the economics of another time.

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