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Category: Law

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

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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Russian ministry of culture has new idea how to help Russian cinematography at the expense of Hollywood

It seems Russian ministry of culture (MinCult) knows how to kill two birds with one stone – to bite a Hollywood and to help Russian cinematography. Many stakeholders disliked the idea with 5 mln roubles for permission to show movie in Russian cinema. Therefore MinCult proposed something new – 3% of revenue from ticket sales. This 3% could make “additional 1,5 billion roubles” for funding of Russian movies.

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Collective Rights Management: Commission referred Poland to the Court of Justice and closed eight cases

The European Commission decided to refer Poland to the Court of Justice of the EU for failure to notify complete transposition (partial non-transposition) of EU rules on collective management of copyright and related rights, and multi-territorial licensing of rights in musical works for online use (Directive 2014/26/EU) into national law. The Commission called on the Court to impose financial penalty to Poland – € 87 612.00 per day. Member States had to transpose the Directive into national law by 10 April 2016.

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

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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How to regulate private copying levy in EU?

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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Reasons for Vitorino’s recommendations on private copying and reprography levies: copies made in the context of licensed services

Usually, a service provider acquires a licence from the rightholder that covers all copyright relevant acts involved in the provision of the service, including the reproduction of copyright protected content by the end user. Such licensing agreements also reflect the view and the expectations of the end user.

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Guidance on IPRED – presentation of specified evidence in control of the opposing party

Article 7(1) of IPRED provides for the possibility, in appropriate cases, to issue measures to preserve evidence without the other party having been heard (i.e. ex parte), in particular where any delay is likely to cause irreparable harm to the rightholder or where there is a demonstrable risk of evidence being destroyed.

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Third edition of USA copyright office compendium – numbers

Individual numbers are not copyrightable and cannot be registered with the U.S. Copyright Office. Likewise, the Office cannot register a claim to copyright in values expressed in individual numbers, individual letters, or individual words. Individual numbers are never copyrightable for the same reason that an individual word cannot be protected by copyright.

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