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Month: November 2018

SWD IA on EU copyright modernisation – impacts of third option for text and data mining

Mandatory exception applicable to public interest research organisations covering text and data mining for the purposes of both non-commercial and commercial scientific research

Similar positive impact on researchers as under Option 2 as regards both legal certainty and reduction of transaction costs, as a result of the introduction of an exception harmonised at EU level. Additional positive impact as this option would remove the legal uncertainty and the grey area as regards the research projects carried out by public organisations with a possible commercial outcome, including in cooperation of these organisations with private partners (PPPs).

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Third edition of USA copyright office compendium – application tips for musical works

A copyright claim in music or lyrics may be registered with the U.S. Copyright Office in the same manner as other works of the performing arts. When submitting an online application, the applicant should select “Work of the Performing Arts” as the Type of Work.

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Russians were proposed to deal with their personal data

The personal information of internet users, which they leave or provide it making purchases or using some service etc., is very valuable for advertisers and internet companies. For example, some video services work on advertising models, when users watch ads in return of access to their favorite movies or music. In order to define what ads to show the advertisers collect certain information about internet users.

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The counterfeiting is a serious and widespread problem in Russia

Research by BrandMonitor, a company specializing in brand and trademark protection, indicated that two thirds of counterfeit sellers admit selling fakes. Moreover, 46% of those who admit selling fake goods assume they were not breaking the law. The fact that counterfeits can be a hazard for consumers’ health or safety is not a priority for merchandisers or even for consumers themselves. According to merchandisers, counterfeits is more attractive to consumers because of lower price.

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New law on copyright co-ownership has been proposed in Russia

The new proposed draft law aims to make clear the questions caused by the multiple copyright ownership in IP object. According to current Russian law the execution of exclusive right in IP object is carrying out by more than two right holders jointly. Explanation note states that under the Russian law all right holders must reach common agreement in relation to exploitation of their IP.

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Russia can cultivate alternatives to Facebook, Twitter and other means of mass communication

The deputy of Russian minister of communication believes the Russian and Chinese mass media faces unfair competition, but he did not mention who is guilty thereof. According to his words, the Russian and Chinese mass media also face restrictions in disseminating of information. He believes it is time to think on cultivation of domestic alternatives to Twitter, Facebook, Viber, WhatsApp and other means of mass communication. The blockings are not effective.

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Russian book publishers also want to sign antipiracy memorandum with internet companies

The chief of Russian book union asked the chief of Roskomandzor – the Russian internet watchdog – to assist in signing of antipiracy memorandum between book publishers and internet companies in order to fight piracy more effective. The antipiracy memo, signed between right holders and internet companies, covers only strict circle of right holders and only audio-visual works, the books and other types of copyrighted content are not included in memo.

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The sale of affiliated companies can trigger conflict linked to “common” brand

Two Russian insurance companies fight in court because their trade names are very similar. The trade name of one company is “RusStateInsure” (abbreviated RSI) and the trade name of second company is so far “RSI life”. RusStateInsure has file a lawsuit against RSI life for trademark infringement and despite the decision of RSI to change its tradename, the RusStateInsure does not intends to withdraw the lawsuit.

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Draft opinion on regulation for online intermediation services

Platforms should be required to disclose the principles underlying the parameters determining ranking, but not the algorithms themselves, which should be considered to be trade secrets. It is similarly very important to distinguish between a transaction and the initiation of a transaction. A simple search for a product or service on a search engine should not be considered to be an initiation of a transaction but merely a request for information which could lead to the initiation of a transaction.

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The messengers are under total control in Russia

The Russian government has adopted the rules of subscribers’ identification for messengers operating in Russia. These rules concerns also such messengers like Viber, WhatsApp and other similar means of mass communication. The identification of subscriber is to be made now through mobile operators. Each cell number is connected with ID of person or incorporation details of legal entity. The rules enter into force 180 days following the signature.

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