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Month: December 2017

Approximately 25% of Russian online stores don’t comply with Russian law

Russian Association of Internet Trade (AKIT) and “Public customer initiative” (OPI) have made research on internet trade. According to this research more than 25% of popular internet stores don’t comply with current Russian law. Approximately 1000 online store have been analyzed during the research.

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Position of the European parliament on adoption of Marrakesh Directive

Taking into consideration the rights of blind, visually impaired or otherwise print-disabled persons as recognised in the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the United Nations Convention on the Rights of Persons with Disabilities (the ʻUNCRPDʼ), measures should be taken to increase the availability of books and other printed material in accessible formats, and to improve their circulation in the internal market.

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Some of ideal business schemes can damage the interests of copyright holders

Robertson founded MP3tunes in February 2005 and launched the website MP3tunes.com to sell independent artists’ songs in the mp3 file format. In the fall of 2005, MP3tunes added a storage service allowing users to store music files in personal online storage “lockers.” Songs uploaded to a user’s locker could be played and downloaded through any internet-enabled device. There are free lockers with limited storage space and premium lockers with expanded storage for a subscription fee.

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New technologies allow “to rent DVD” through the Internet

Group of entertainment companies sued owners of Zediva service. Why? They provide what they describe as a DVD “rental” service available at www.zediva.com. To operate this service, defendants have purchased hundreds of DVD players and installed them in cabinets at a data center they lease. They also have purchased copies of plaintiffs’ copyrighted works on DVD, and place those DVDs in their DVD players, with each DVD remaining in its respective DVD player while it is transmitted to service’ customers on multiple occasions.

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Collective management organisation v Social network

SABAM is a management company which represents authors, composers and publishers of musical works. On that basis, it is responsible for, inter alia, authorising the use by third parties of copyright-protected works of those authors, composers and publishers. Netlog runs an online social networking platform where every person who registers acquires a personal space known as a ‘profile’ which the user can complete himself and which becomes available globally.

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Collective management organisation v Internet Service Provider

SABAM is a management company which represents authors, composers and editors of musical works in authorising the use of their copyright-protected works by third parties. Scarlet is an internet service provider (“ISP”) which provides its customers with access to the internet without offering other services such as downloading or file sharing.

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Guidance on IPRED Directive – moral damages and setting damages as a lump sum

A difficulty in calculating damages has been reported when there is the possibility to obtain compensation for the moral prejudice suffered. In this regard Article 13(1)(a) of IPRED is clear, as it expressly mentions that other elements than economic factors, such as the moral prejudice caused to the rightholder by the infringement, can be one of the ‘appropriate aspects’ to be taken into account when setting the damages in accordance with the method provided for in this provision.

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of second option

This option would simplify the clearance of rights needed for cross-border online transmissions: broadcasters would only need to clear the rights for the country of origin while they would be able to offer their services in the entire EU. However, Option 2 entails a limited risk of disaggregation of repertoire currently managed by CMOs, which would have a negative effect on transaction costs (broadcasters would have to negotiate with individual rightholders instead of CMOs).

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