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Month: July 2018

Estonian’s Option B of article 11 for DSM copyright directive

Presumption for publishers of press publications

Press publications contain mostly literary works but increasingly include other types of works and subject-matter, notably photographs and videos. Due to the large number of authors and rightholders involved in the creation of a press publication, licensing and enforcement of the rights in press publications are often complex and inefficient in the digital environment. Publishers may notably face difficulties when proving that they have been transferred or licensed the rights in such works and other subject-matter for the purposes of concluding licences or enforcing the rights in respect of their press publications.

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SWD IA on EU copyright modernisation – Use of protected content in digital and cross-border teaching activities

Teachers and students face legal uncertainty when using content in digitally-supported teaching practices, in particular across borders. A huge variety of content (text, images, music, video), often protected by copyright, is used in teaching activities.

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Third edition of USA copyright office compendium – Application Tips for Databases

A single-file or multi-file database may be registered as a literary work if the predominant form of authorship in the work consists of text. A database may be registered as a work of the visual arts if the predominant form of authorship consists of photographs or other forms of pictorial authorship.

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EU negotiators reached a political agreement to update the EU’s telecoms rules

The European Parliament and the Council reached a political agreement to update the EU’s telecoms rules. The new European Electronic Communications Code, proposed by the Commission, will boost investments in very high capacity networks across the EU, including in remote and rural areas.

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Estonian’s option A of article 13 for DSM copyright directive

Self-standing obligation of measures

Over the last years, the functioning of the online content marketplace has gained in complexity. Online services storing and providing access to copyright protected content uploaded by their users have flourished and have become main sources of access to content online. When the content is uploaded by users who do not own the relevant rights in the whole or parts of the content they upload, this situation affects rightholders’ possibilities to determine whether and under which conditions their content is used as well as their possibilities to get an appropriate remuneration for it. It is therefore necessary to provide for certain measures that these service providers should take to protect the content.

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When the parallel import is a constitutional matter

Russian constitutional court has prohibited application of the similar sanctions for parallel import and for selling of counterfeits.  One Russian company PAG has concluded state contract for supply to medical institution a special paper under Sony mark for ultrasound scan. Such paper Russian company has acquired from Poland company and imported to Russia. The customs has seized the paper under the order of commercial court of Kaliningrad province.

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First compulsory patent licence for Russian Pharm company under court decision

Russian Pharm company has obtained first compulsory patent licence under decision of Moscow commercial court. This patent licence provides the Russian company with right to produce and distribute in Russian market the medicament patented by USA pharm company. The Russian analogue of patented medicament is “much cheaper” in comparison with its original.

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Estonian’s Option A of article 11 for DSM copyright directive

New neighbouring right

It is necessary to define the concept of press publication in a way that embraces only journalistic publications, published in any media, including on paper, in the context of an economic activity which constitutes a provision of services under EU law. The press publications to be covered are those whose purpose is to inform the general public and which are periodically or regularly updated.

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Passport or id can be obligatory in order to visit a cinema in Russia

Russian state duma has adopted in first reading a new draft law providing the cinemas’ cashiers with right to require a passport or id from the person buying the ticket to the cinema. If the cashier has doubt in relation to the age of person, buying the ticket, the cashier has the right to make buyer of the ticket to demonstrate his/her id or passport in order to be sure whether the age of person is appropriate for the movie demonstrated in cinema.

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Russian Kremlin endorsed repeal of criminal penalties for reposts in internet

Russian deputies proposed to abolish criminal liability for reposts or sharing of extremist publications or materials in World Wide Web. Some people just make reposts of information published mostly in social networks and as a consequence bear criminal liability because technically under current Russian law it is dissemination of prohibited information. Russian Kremlin upheld this idea.

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