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Month: March 2017

Draft proposal for a directive on copyright in DSM – the licencing mechanisms

For reasons of international comity, the licencing mechanisms for the digitisation and dissemination of out-of-commerce works provided for in this Directive should not apply to works or other subject-matter that are first published or, in the absence of publication, first broadcast in a third country or, in the case of cinematographic or audiovisual works, to works the producer of which has his headquarters or habitual residence in a third country.

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It was proposed to shift Russian private copying levy to customers

Importers and manufacturers of taxable equipment must pay private copying levy under current Russian law. They don’t like it. They don’t understand why they must pay this levy if only customers make copies of content, only customers make harm to right holders, manufacturers only produce and importers only import equipment capable of copying.

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First injunction against ISP in respect of illegal streaming servers in UK

“FAPL” is the governing body of the football competition known as the Premier League. FAPL owns the copyright in films comprising television footage of all Premier League matches, and in artistic works which appear within that footage. By its claim FAPL sought an injunction against the six main retail internet service providers (“ISPs”) in the United Kingdom pursuant to section 97A of the CDPA 1988, which implements Article 8(3) of the Information Society Directive, requiring the defendants in this case to take measures to block, or at least impede, access by their customers to streaming servers which deliver infringing live streams of Premier League footage to UK consumers.

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Speculation is not enough for triable issue of access in copyright infringement case

Will Loomis, composer of the song “Bright Red Chords,” alleged that the defendants stole a two-measure vocal melody and used it as the theme for the verse melody in their hit song “Domino.” The panel held that Loomis did not put forth any potentially admissible evidence to establish that the Domino songwriters had access to Bright Red Chords, either on a chain-of-events theory or a widespread-dissemination theory. Accordingly, he failed to establish copyright infringement.

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Russian federal authorities proposed to mitigate new regulation for OTT-services operating in Russia

Two Russian federal authorities proposed to amend draft law on OTT-services operating in Russia. Russian ministry of communication (MinCom) and Federal anti-monopoly service (FAS). MinCom proposed to exclude social networks and services like YouTube from scope of regulation. FAS proposed to exclude services from scope of regulation under the principle of residency.

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Public comment by National Cable & Telecommunications Association on review of collective rights management rules

From the perspective of providers of audio-visual television programming, the Consent Decrees continue to serve very important purposes, acting as safeguards to constrain ASCAP’s and BMI’s substantial market leverage, while providing a framework that facilitates licenses for program providers and fair compensation for music creators.

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