Law review | Dekuzu

Russia and the special 301 report 2019

Published 7th May 2019

The Special 301 Report (Report) is the result of an annual review of the state of IP protection and enforcement in U.S. trading partners around the world, which the Office of the United States Trade Representative (USTR) conducts pursuant to Section 182 of the Trade Act of 1974. This Report provides an opportunity to call out foreign countries and expose the laws, policies, and practices that fail to provide adequate and effective IP protection and enforcement for U.S. inventors, creators, brands, manufacturers, and service providers.

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Impact assessment on the modernisation of EU copyright rules – use of protected content by online services

Published 7th May 2019

It is a problem, because rightholders have no or limited control over the use and the remuneration for the use of their content by services storing and giving access to large amounts of protected content uploaded by their users.

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Human rights council asked Putin to decline and improve the law on fake news

Published 24th April 2019

Human rights council under the Russian president Vladimir Putin also does not like the new laws on fake news and insulting of Russian official authorities. The council asked the Putin to reject the law, but it asked to improve these laws. According to the council the law “unproportionally restricts the right on freedom of expression”. The liability, provided for dissemination of fake news, is excessive council believes.

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SWD Impact assessment on the modernisation of EU copyright rules – Achieving a well-functioning market place for copyright

Published 22nd March 2019

In the recent years, the internet has become the main marketplace for the distribution of and access to copyright protected content, involving a high number of market players and a diversity of business models. While online content services have become essential for the generation of revenues, rightholders face difficulties when seeking to monetise and control the distribution of their content online. There is a growing concern about the sharing of the value generated by some of the new forms of online content distribution.

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The Russian judges require protection for reputation of judicial community

Published 13th March 2019

The secretary of the Russian Supreme Court’s plenum has proposed to introduce in Russian law the responsibility for “fracasation” of justice. Under his logic it is necessary to avoid any manipulation with public opinion aiming to put a court under the pressure.

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SWD IA on EU copyright modernisation – impacts of baseline and first options for preservation of cultural heritage

Published 22nd January 2019

Baseline

In the short term, the situation would not substantially change for CHIs. They would enjoy a narrow or larger space for preservation depending on the MS in which they carry out their preservation activities. Except in cases where MS may update their implementation of the current EU exception for ‘specific acts of reproduction’ to exploit its full space for preservation purposes, legal uncertainty and barriers to preservation will persist to varying degrees in the long term too.

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The law on mass media restrictions is to be amended

Published 18th January 2019

The Russian constitutional court decided to amend the law on mass media. The law provides property restriction for foreign citizens and overseas entities. Under the law the person with foreign citizenship (even if the second citizenship is Russian) or legal entity, incorporated outside of Russia or directly/indirectly owned by the overseas entity (more than 20%), can own or control not more than 20% of Russian mass media. Such provision of law restricts the property right in order to “protect national security” claimed legislators.

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IIPA 2018 special 301 report on Russia

Published 6th December 2018

The copyright industries have three intellectual property rights (IPR) priorities in Russia, which if properly addressed, could significantly improve the Russian marketplace for copyrighted works and recordings.

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IIPA on Russia’s copyright law implementation and enforcement obligations

Published 3rd December 2018

The copyright and related rights obligations of the WTO TRIPS Agreement consist of the substantive copyright law and related rights provisions set out in Articles 9 through 14, as well as the enforcement provisions in Articles 41 through 61.

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Third edition of USA copyright office compendium – Identifying the author of musical work

Published 7th November 2018

The author of a musical work (including any lyrics) is the creator of the music (and/or lyrics), not the person who merely transcribes the work. Transcribing or fixing a musical work in and of itself does not constitute authorship. Creating a recording of a musical work is not a form of musical work authorship in and of itself, although it may be a form of sound recording authorship if it contains sufficient creativity to constitute a copyrightable sound recording.

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Category: Law review