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Category: Law

Estonian’s Option A of article 11 for DSM copyright directive

New neighbouring right

It is necessary to define the concept of press publication in a way that embraces only journalistic publications, published in any media, including on paper, in the context of an economic activity which constitutes a provision of services under EU law. The press publications to be covered are those whose purpose is to inform the general public and which are periodically or regularly updated.

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Passport or id can be obligatory in order to visit a cinema in Russia

Russian state duma has adopted in first reading a new draft law providing the cinemas’ cashiers with right to require a passport or id from the person buying the ticket to the cinema. If the cashier has doubt in relation to the age of person, buying the ticket, the cashier has the right to make buyer of the ticket to demonstrate his/her id or passport in order to be sure whether the age of person is appropriate for the movie demonstrated in cinema.

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Russian Kremlin endorsed repeal of criminal penalties for reposts in internet

Russian deputies proposed to abolish criminal liability for reposts or sharing of extremist publications or materials in World Wide Web. Some people just make reposts of information published mostly in social networks and as a consequence bear criminal liability because technically under current Russian law it is dissemination of prohibited information. Russian Kremlin upheld this idea.

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Kitekat v MrCat – EU registered trademark is not protected in Russia

One company – Mars Incorporated – has registered the trademark for cat food in EU. The production of this company is sold and available in many markets, including Russian market. But this company is not only one trading cat food in Russia. There is also Russian company from Borisoglebsk town. This company also sells cat food in Russia. The ways of these companies in Russian market have crossed thanks to their trademarks.

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SWD IA on EU copyright modernisation – adapting exceptions to digital and cross-border environment

The EU copyright legal framework harmonises rights of authors and neighbouring rightholders and seeks to harmonise “exceptions and limitations” to these rights, although most of them are optional for the MS to implement. An “exception” to an exclusive right means that a right holder is no longer in a position to authorise or prohibit the use of a work or other protected subject matter: the beneficiary of the exception is already authorised by law to do so.

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Third edition of USA copyright office compendium – Databases

In the case of an unpublished database, an applicant may register all of the copyrightable material that appeared in the database as of the date that the registration materials are received in the U.S. Copyright Office. In the case of a published database, an applicant may register all of the copyrightable material that was first published on the date specified in the application.

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Now search engines are not allowed to search prohibited information in Russian segment of internet

The new law has been signed by Russian president. Under new law if search engine fails to connect to the federal data bases, containing the list of web-sites which is blocked in Russia, the search engine is to be imposed a penalty. In a case of natural person the penalty is up to 5 thousands Roubles, and in a case of legal entity the penalty is up to 700 thousands Roubles.

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Sony/ATV music publishing on collective rights management rules review

Sony/ATV respectfully submits that the Consent Decrees should clarify, whether by amendment or otherwise, that each copyright owner (i.e., a music publisher) may, in its discretion, designate particular types of users or uses that the owner will authorize ASCAP or BMI (as the case may be) to include in their respective collective licenses, with the copyright owners exclusively reserving the right for themselves to license such rights to all other users or uses. ASCAP and BMI also should be required, on a nondiscriminatory basis, to accept these limited grants of public performance rights from copyright owners.

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Supreme Court made involvement of person, whose web-site can be blocked, mandatory in consideration of case

Current law provides special list of information prohibited for dissemination in Russia. If such information is disseminated through the web-site, the access to such web-site can be restricted and even if the owner or operator of such web-site is not aware thereof. So the owner or operator of web-site can face just notification that the access to his web-site is restricted in Russia. Such practice of web-sites blocking is common in Russia.

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