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Month: November 2018

SWD IA on EU copyright modernisation – impacts of fourth option for text and data

Mandatory exception covering applicable to anybody who has lawful access (including both public interest research organisations and businesses) covering text and data mining for non-commercial and commercial scientific research purposes

The impact of Option 4 on research organisations in relation to legal certainty and transactions costs is similar to Option 3. Differently from the other options, because of the broader scope of application of the exception, Option 4 would specifically benefit researchers in commercial companies as they would no longer need a specific licence to mine content to which they have lawful access to.

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Third edition of USA copyright office compendium – description of authorship in musical work

Giving an instrument name (e.g., guitar, trumpet, or keyboard) as a description of authorship is unclear, because the instrument could refer either to the music, the performance, or both. To refer to the musical contribution, the applicant should use clear terms, such as music, melody, or arrangement after the instrument named (e.g., “music for guitar,” “trumpet melody,” or “keyboard arrangement”).

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Criminal case for counterfeited mineral water

Russian investigative committee has initiated criminal case for manufacturing and distribution of counterfeited mineral water “Essentuki” by organised group of persons suspected in committing a crime under article 180 of Russian criminal code for illicit use of means of individualization. This is the first criminal case for counterfeiting in such category of goods.

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Hyperlink as copyright infringement

By its three questions (1, 2, 3), which should be examined together, the referring court asks, in essence, whether, and in what possible circumstances, the fact of posting, on a website, a hyperlink to protected works, freely available on another website without the consent of the copyright holder, constitutes a ‘communication to the public’ within the meaning of Article 3(1) of Directive 2001/29.

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Book publishers have proposed Yandex to sign antipiracy memorandum for books

The Russian association on copyright protection, working in interests of Russian book publishers, has proposed Yandex to sign antipiracy memorandum similar with those signed with audiovisual right holders but for digital and audio books. The association has also notified Roskomandzor thereof.

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There will be stepwise shifting to digital broadcasting in Russia

The Russian agenda on digitization also provides digitization of broadcasting and it was intended to cease analogue broadcasting to Russian households already in January 2019. But the fact that many households can stay without opportunity to receive new signal has changed the plans of Russian government. In other words not all households are ready to adapt to digital environment.

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Hennessy requested 5 mln Roubles compensation for trademark infringement

Company Societe Jas Hennessy et Compagnie has chosen to sue bootleggers for trademark infringement and sought 5 mln Roubles as compensation. The group of four persons from Russian town Voronezh has manufactured alcohol under famous brands. The court accepted the lawsuit and will consider it.

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