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Category: Interpretation

A copyright owner, who permits a licensee to grant sublicenses, cannot bring an infringement suit against a sublicensee

Stephanie Sinclair, a professional photographer, has brought copyright infringement lawsuit against Mashable and its parent company Ziff Davis, alleging infringement of copyright when Mashable posted one of her copyrighted photographs on its website. She maintains publicly- searchable website to showcase her photographs to potential customers and also maintains an account on Instagram. She has posted one of her photograph to her Instagram account viewable by anyone.

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The copyright in tattoo is over when the last becomes the part of likeness?

Solid Oak has brought copyright infringement lawsuit against 2K Games and Take-Two. Take-Two is a major developer, publisher, and marketer of interactive entertainment and video games that develops and publishes products through its wholly-owned subsidiaries, 2K and Rockstar Games. Defendants annually release an updated basketball simulation video game that depicts basketball with realistic renderings of different NBA teams, including lifelike depictions of NBA players and their tattoos.

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Third edition of USA copyright office compendium – compilations and derivative choreographic works

Derivative choreographic works

A derivative choreographic work is a work that is based on or derived from one or more preexisting works, regardless of whether the preexisting work is a choreographic work, a pantomime, or any other type of work listed in Section 102(a) of the Copyright Act. Typically, derivative choreography is a new version of a preexisting choreographic work or an entirely new work that combines preexisting choreography with a substantial amount of new material.

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No free internet and blocking email in Russia… yet

The Russian president wants free internet access, i.e. unpaid, for Russians. It supposed to be free access for social significant web-sites and online services, like state services for Russians, but including web-sites of mass media. Telecommunication operators dislike this idea, they ask for compensation of losses linked to free internet access for Russians. They would be obliged to transmit huge amount of traffic without payment requirement. The free internet access should be provided since 1st of March this year, but, as always, it wasn’t provided.

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Hiring a third party to exercise the licensee’s rights does not convert that third party into an independent licensee

The appeal held that defendant Office Depot, Inc., did not become a licensee of a Creative Commons license, and become bound by its terms, or otherwise infringe Great Minds’ copyright by making copies of Eureka Math materials for a profit on behalf of school and school district licensees.

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Would enforcement authorities receive online access to personal data in Russia?

The Russian minister of communication has proposed to provide enforcement authorities with access to all personal data in online mode for the purposes of investigation? Personal data could include digital profile, id, and financial history, data received from mobile operators, financial institutions and different internet services.

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Third edition of USA copyright office compendium – Uncopyrightable Dances and Dance Steps

The Office has no authority to register claims to copyright in material that falls outside the scope of federal statutory protection. Individual movements or dance steps by themselves are not copyrightable, such as the basic waltz step, the hustle step, the grapevine, or the second position in classical ballet. Likewise, the U.S. Copyright Office cannot register short dance routines consisting of only a few  movements or steps with minor linear or spatial variations, even if the routine is novel or distinctive.

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