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Category: Law

SWD IA on EU copyright modernisation – out-of-commerce works in the collections of cultural heritage institutions

Digitisation and dissemination of out-of-commerce works held by cultural heritage institutions, including across borders, in ‘mass digitisation’ projects, is adversely affected by difficulties in clearing rights. The digitisation and dissemination of in-copyright OoC works as part of ‘mass digitisation’ efforts is however faced by distinct difficulties and high transaction costs for clearing the relevant rights. This problem contrasts with the inherently low current commercial value of the works at stake.

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Third edition of USA copyright office compendium – correspondence and interviews

Letters, Email, and Other Written Correspondence

Letters, emails, journals, diaries, and other forms of written correspondence may be registered if they contain a sufficient amount of copyrightable expression and if the claimant owns the copyright in that material. When submitting an application to register these types of works, the applicant should limit the claim to the text, artwork, and/or photographs that appear in the work.

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New research on legal aspects of exception for text and data mining in DSM directive – IP paradox

The concept of exceptions and imitations to copyright serve a critical role in the so-called intellectual property – and copyright – paradox. The paradox of intellectual property lies in a “system that promotes, or at least, aspires to promote knowledge by restricting it”.

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Draft Recommendation on the roles and responsibilities of internet intermediaries

A wide, diverse and rapidly evolving range of actors, commonly referred to as internet intermediaries, facilitate interactions on the internet between natural persons and between natural and legal persons by offering and performing a variety of functions and services. Some connect users to the internet, enable the processing of information and data, or host web-based services, including for user-generated content.

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SWD IA on EU copyright modernisation – Impacts of option 2 on availability of EU AV on VOD

Stakeholders’ dialogue (Option 1) + Obligation for Member States to establish a negotiation mechanism to overcome obstacles to the availability of audiovisual works on VoD

The negotiation mechanism would exclusively address copyright-related issues and would complement measures provided for in the AVMS Directive review for the promotion of European works. The negotiation mechanism would address individual cases of lack of availability and complements the general approach pursued by the stakeholder dialogue.

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Third edition of USA copyright office compendium – legal materials

Certain types of legal materials may be registered with the U.S. Copyright Office if they contain a sufficient amount of original expression. Certain types of legal materials may be registered as a compilation if the author exercised a sufficient amount of creativity in selecting, coordinating, and/or arranging the preexisting materials that appear within the deposit.

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New research on legal aspects of exception for text and data mining in DSM directive – what rights can be concerned?

One of the basic and fundamental principles of copyright law is that data is as such not protected; copyright only protects the creative form not the information incorporated in the protected work. Thus, Text and Data Mining (TDM) should in principle not be a use covered by any exclusive intellectual property (IP) rights (IPRs), both copyright and other sui generis rights.

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Some facts about regulation on portability of online content services in EU

The aim is to ensure that Europeans who buy or subscribe to films, sports broadcasts, music, e-books and games in their home Member State are able to access this content when they travel or stay temporarily in another EU country. The Regulation comes into force on 1 April 2018 in all EU Member States.

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