Law review | Dekuzu

Reforming of copyright in EU and one of the questions concerned: two rights for a single transmission

Published 4th February 2018

In the light of coming copyright reforms in EU the draft impact assessment concerns some important copyright issues. One of them is two rights for a single transmission.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: double payments in cross-border sales and the liability to pay levies

Published 4th February 2018

Levies should only be collected once in cross-border transactions, namely in the country of destination. Unfortunately, this is not always the case. Far too often, there are instances of double payments. Most Member States try to mitigate the problem by providing for systems that allow entities that have already paid the levy for a certain product in e.g. Member State A to be reimbursed upon the exportation of that product into Member State B.

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Russian internet service providers want authority to cut the internet traffic to certain web-sites

Published 2nd February 2018

Russian internet service providers (ISP) propose to provide them with authority to decide who deserves better bandwidth and when. It means Russian ISP could cut the traffic when they believe it is necessary and justified. Does it mean that they don’t have enough capacity to ensure net neutrality or they just endeavor to control the internet?

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Vitorino’s recommendations on private copying and reprography levies

Published 31st January 2018

Some stakeholders have put forward ideas to replace the current hardware based levy systems with other forms of fair compensation. But, the alternatives that were put forward have not been sufficiently worked out in detail, and therefore do not justify the “phasing out” of hardware based levies in the immediate future. In particular, the link between the persons causing the harm and benefitting from the exception and the persons financing a system of fair compensation should not be severed.

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SWD IA on EU copyright modernisation – impacts of first option for digital retransmission

Published 30th January 2018

Option 1 – Mandatory collective management of rights to retransmission of TV / radio broadcasts by means of IPTV and other retransmission services provided over “closed” electronic communications networks

Option 1 would enhance the level of legal certainty for the benefit of a specific category of retransmission services – those provided over “closed” electronic communications networks – and can be expected to contribute to a better offer of such services, depending on market situations in particular MS.

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Third edition of USA copyright office compendium – research and book design

Published 30th January 2018

Research The U.S. Copyright Office cannot register (draft) a claim in research, because it suggests that the applicant may be asserting a claim in the facts that appear in the work or the effort involved in collecting that information. The Supreme…

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Some interesting things in Term Directive 2011/77/EU

Published 29th January 2018

This directive should make the life and welfare of certain creative persons better. The Member States had to bring their national legislation in accordance with provisions of this directive. Intellectual property office of United Kingdom has organised consultation on the implementation of Directive 2011/77/EU Amending Directive 2006/116/EC. In this consultation paper the very interesting things can be found.

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How to regulate private copying levy in EU?

Published 25th January 2018

What proposes draft report (de) by Françoise Castex and why

Why

Cultural content plays a pivotal role in the digital economy. Digitisation is having a huge impact on the way in which cultural goods are being produced, distributed, marketed and consumed, and lower distribution costs and the appearance of new distribution channels can facilitate access to creative works and culture and improve the circulation of those works around the world. The implementation of exclusive rights does not guarantee all rightholders, and in particular performance artists, a fair and proportional share of revenue arising from the use of their works. Despite permanent access to online works, downloading, storage and private copying for offline use is continuing, a private copying levy system cannot therefore be replaced by a licencing system.

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Third edition of USA copyright office compendium – Literary Work

Published 15th January 2018

The Copyright Act defines a literary work as “works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied.”

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To be or not to be the private copying levy … in EU?

Published 12th January 2018

Different points of view (de) on old issue

Angelika Niebler

Digital private copying has taken on major economic importance as a result of technological progress and the shift to the Internet and Cloud, and the existing system of private copying levies does not take sufficient account of developments in the digital age. There is currently no alternative approach in this area that would ensure appropriate remuneration for the rightholder and at the same time make private copying possible. A discussion therefore needs to be conducted in the long term on a more efficient and up-to-date approach that takes more account of technological progress.

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Category: Law review