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Month: January 2019

SWD IA on EU copyright modernisation – impacts of baseline and first options for preservation of cultural heritage


In the short term, the situation would not substantially change for CHIs. They would enjoy a narrow or larger space for preservation depending on the MS in which they carry out their preservation activities. Except in cases where MS may update their implementation of the current EU exception for ‘specific acts of reproduction’ to exploit its full space for preservation purposes, legal uncertainty and barriers to preservation will persist to varying degrees in the long term too.

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Third edition of USA copyright office compendium – derivative sound recordings

A derivative sound recording is a sound recording that is based on preexisting sounds that have been “rearranged, remixed, or otherwise altered in sequence or quality.” Preexisting sounds may include sounds that have been previously published, previously registered, sounds in the public domain, sounds fixed before February 15, 1972, or sounds that are owned by another party.

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The draft law on internet autonomy has been upheld by its potential main executors

The Russian Ministry of communication and internet watchdog (Roskomnadzor, RKN) have upheld the draft law on autonomy of Russian internet. The draft law would authorize RKN to control the traffic route in Russia. The RKN would have the authority to define the rules for traffic route and communication operator, at their own risk and responsibility, would oblige to comply with such rules. More over RKN should ensure that minimum of Russian internal internet traffic passes through overseas traffic exchange points.

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The law on mass media restrictions is to be amended

The Russian constitutional court decided to amend the law on mass media. The law provides property restriction for foreign citizens and overseas entities. Under the law the person with foreign citizenship (even if the second citizenship is Russian) or legal entity, incorporated outside of Russia or directly/indirectly owned by the overseas entity (more than 20%), can own or control not more than 20% of Russian mass media. Such provision of law restricts the property right in order to “protect national security” claimed legislators.

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The law against ticket resellers has been adopted in first reading

The Russian state duma has adopted the draft law aiming to regulate tickets sales in first reading. The main purpose of law is to exclude intermediaries from ticket sales chain. Thanks to such intermediaries the ticket prices sometimes increase more than three times from initial, selling price. The Russian legislators intend to make such practice over. Actually the law does not contain mandatory procedure of sales, rather its provisions “describes” how tickets should be sold.

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Stakeholders negatively assessed the consequences of law on Russian internet autonomy

The stakeholders – mostly the companies who would be main subjects of proposed law – negatively assessed the law on autonomy of Russian internet. According to the assessment the provisions of law don’t coincide with declared aim to ensure the stability of Russian internet and Russian internet resources. The stakeholders believe the provisions of law would cause overloading of operators’ communication networks, network failures and significant increase in costs, including budgetary costs.

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It is proposed to use only Russian equipment for execution of Yarovaya law

The Russian ministry of communication, Federal security service and ministry of trade have jointly proposed to oblige Russian communication companies to use only Russian equipment for execution of Yarovaya law. In other words, only equipment, produced in Russia, can be exploited in order to keep all users’ communications within certain period of time for enforcement purposes.

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