Not only Russian copyright, broadcast and digital law
SABAM is a management company which represents authors, composers and publishers of musical works. On that basis, it is responsible for, inter alia, authorising the use by third parties of copyright-protected works of those authors, composers and publishers. Netlog runs an online social networking platform where every person who registers acquires a personal space known as a ‘profile’ which the user can complete himself and which becomes available globally.
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Elmo Shropshire, who also goes by a stage name of “Dr. Elmo,” is known for his performance of the song “Grandma Got Run Over By A Reindeer” (“Grandma song”). The copyright to the underlying musical composition of the song is co-owned by d/b/a Elmo Publishing and by Patricia Trigg, d/b/a Kris Publishing. Elmo Shropshire, plaintiff, alleges that in or about December 2007, Aubrey Canning posted a video on YouTube, which combined Christmas-related pictures with audio of a Canadian musical group, “The Irish Rovers”, singing the Grandma song.
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Newspaper Licensing Agency (“NLA”) is a company formed to manage the intellectual property rights of its members by licensing, and collecting the licensing fees for, making copies of newspaper content and for these purposes has promulgated various licensing schemes. NLA was formed in 1995, primarily with a view to licensing press cuttings agencies to make copies of newspaper articles to send to their clients and to license the clients to make their own copies.
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The case is about quotation of images. One media house (defendant) has published in its articles and on its web-site the photographs of Russian popular blogger Varlamov (plaintiff). Varlamov did not like it and has filed a lawsuit for copyright infringement. He lost the case. The court of first instance ruled it was simple quotation – copyright exception. Varlamov appealed.
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Russian ministry of communication (MinCom) and Roskomandzor have developed and proposed new amendments to Russian law allowing this authority to check relative relationships of persons, who owns or controls mass media in Russia. Proposed amendments provide the Roskomnadzor with access to federal data base of registered acts of civil status.
Comments closedOption 3 – Application of country of origin to the clearing of rights for the services covered by Option 2 and for TV and radio-like linear online transmissions (and services ancillary to such transmissions)
This option would cover, in addition to the services covered under Option 2, TV and radio-like linear online transmissions which are not linked to a broadcast but are online only transmissions (webcasting) and services ancillary to the webcast (such as catch-up and previews of the webcasts). The “country of origin” (CoO) rule would apply to such services.
Comments closedRussia’s customs authorities continue to assess duties on the royalty value of some imported audiovisual materials, rather than solely on the physical value of carrier medium. This is contrary to standard international practice. Such assessments are a form of double taxation, since royalties are also subject to withholding, income, value-added and remittance taxes.
Comments closedOver the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users have flourished and have become main sources of access to content online. Legal uncertainty exists as to whether such online services engage in copyright relevant acts and need to obtain authorisations from rightholders for the content uploaded by their users who do not hold the relevant rights in the uploaded content.
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Collaboration between information society service providers and rightholders is essential for the functioning of the measures, such as content recognition technologies. These measures should be applied with regard to works and other subject-matter identified by rightholders at the request of such rightholders and in cooperation with them.
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In one of Roskomnadzor’s organisations, in Federal State Unitary Organisation (FGUP) “The main radio-frequency center”, has been created a special department. This department should discover, explore and analyse a different opportunities of restriction of access to different internet services. It would make practical experiments and research in the field of blocking of access to internet resources for ISP customers.
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