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Month: November 2016

Proposal for a directive on contracts for the supply of digital content – detailed explanation of the specific provisions

Article 2 contains a list of definitions for terms used in the Directive. For example, the definition of digital content is deliberately broad and encompasses all types of digital content, including for example, downloaded or web streamed movies, cloud storage, social media or visual modelling files for 3D printing.

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The matter of implied copyright licence

In 1984, Jesus Muhammad‐Ali painted a portrait of the leader of the Nation of Islam, Louis Farrakhan. In 2013, Ali sued The Final Call, a newspaper that describes itself as the “propagation arm of the Nation of Islam,” for copyright infringement. The Final Call, it turned out, admittedly had sold over a hundred copies of Ali’s Farrakhan portrait. Ali nonetheless lost his case after a bench trial. He appealed, arguing that the district court misstated the elements of a prima facie copyright infringement claim and erroneously shifted to him the burden of proving that the copies were unauthorized.

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Why broadcasters are not happy with mobile operators in Russia?

First channel and MTS resolved the “dispute” about what content can be broadcasted in internet. MTS will stream only that content which is intended for internet. First Channel will also have access to statistics of views. But what about the others? One executive from “Grand Three” revealed some reasons of dispute. First of all, the quality of First Channel’s OTT stream is not appropriate. Customer is not ready to miss some content in stream, customer require streaming the same content as traditionally broadcasted.

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Proposal for a directive on contracts for the supply of digital content – legal basis, subsidiarity and proportionality

The existing and upcoming fragmentation creates obstacles for businesses to sell cross-border because they have to incur contract law-related costs. Businesses are also uncertain about their rights and obligations. This has a direct effect on the establishment and functioning of the internal market and negatively affects competition.

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Guiding principles agreed by stakeholders on EU level on online advertising and IPR

These principles will not undermine or impact national initiatives, but will operate in a manner that supports such initiatives, provide a framework for EU level approaches and encourage solutions to be developed in the Member States.

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Russian “First channel” accused “grand three” of mobile operators of piracy

“First channel”, one of the major channel in Russia, has accused Russian mobile operators (Russian mobile services (MTS), Megafon and Vimpelcom (Beeline)) of illegal distribution of its content in internet. Such “distribution” causes a loss in advertisement revenues for First channel. But mobile operators from the “Grand Three” believe they don’t infringe First Channel’s copyright – everything is in accordance with law.

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Proposal for a directive on certain aspects concerning contracts for the online and other distance sales of goods

This Directive covers rules applicable to the online and other distance sales of goods only in relation to key contract elements needed to overcome contract-law related barriers in the Digital Single Market.

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Proposal for a directive on certain aspects concerning contracts for the supply of digital content

The Digital Single Market Strategy adopted by the Commission on 6 May 2015 announced a legislative initiative on harmonised rules for the supply of digital content and online sales of goods. This initiative is composed of (i) a proposal on certain aspects concerning contracts for the supply of digital content, and (ii) a proposal on certain aspects concerning contracts for the online and other distance sales of goods.

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UK country IP guide: now for Turkey

UK Intellectual Property Office has published new guide – Intellectual property in Turkey. This is an independent report commissioned by the Intellectual Property Office (IPO). The guide briefly explains the main key points for those interested in the field of intellectual property in relation to Turkey.

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Russian minister of culture has requested Russian government to regain copyright in Russian films to “Lenfilm” and Gorky film studios

Russian minister of culture Vladimir Medinsky has sent a letter to Russian prime-minister Dmitry Medvedev. In this letter Medinsky requested Medvedev to regain lost copyright in movies made by Lenfilm and Gorky Film studios to these studios. Such measure could help these studios to earn at least 200 million roubles in a year, Medinsky believes.

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