November 2019 | Dekuzu

SWD IA on the EU copyright modernization – impacts of third option for press publishers

Published 30th November 2019

As Option 2 plus introduction, in EU law, of the possibility for MS to provide that publishers may claim compensation for uses under an exception

This option would have a positive impact on all publishers, in particular book and scientific publishers but also on press publishers regarding their ability to receive compensation for uses under exceptions (notably the reprography exception). For other publishers, in particular book and scientific publishers, Option 3 is highly significant, as their publications are often used under an exception such as private copying.

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Third edition of USA copyright office compendium – fixation of choreographic works

Published 29th November 2019

The U.S. Copyright Office may register a claim to copyright in a choreographic work, provided that the specific movements constituting the work have been fixed in a tangible medium of expression. As a general rule (draft), the work should be fixed in a visually perceptible form, because choreography involves the physical movements of a dancer’s body which are visually perceived.

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Russian ministry of culture wants to know online box office

Published 27th November 2019

The Russian ministry of culture intends to oblige online cinemas to provide data on each run of movie, in other words the ministry wants to know how many times the movie was streamed. The declared purpose of this legal proposal is simple check how effective the Russian budget supports the Russian movie industry. The real purpose is prosaic and old as this world – the authorities want to know where the money flow.

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New EU study shows decreasing illegal content consumption

Published 22nd November 2019

This study follows the first edition of the Intellectual Property and Youth Scoreboard (2016). The specific aim of the research is to understand which drivers and barriers are the strongest when acquiring online digital content or purchasing physical goods that are offered legally and illegally. The 2019 study is based on repeating the same online survey of 2016 among young people (aged 15-24) in the 28 EU Member States (EU28), to highlight the similarities and differences between then and now.

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Apple out of Russia, first fine for fake news and little bit more for today…

Published 20th November 2019

Russian state duma has adopted the draft law on mandatory pre-sale installation of Russian software on gadgets in the second reading. If this draft law enters into force in Russia the Apple and Google would be obliged to work with Russian software developers, because their smartphones (cells) should contain the Russian applications in oder to be sold in Russian internal market. Whether Apple or Google consider option to agree with new “idea” provided in draft law or to leave Russian market?

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Mass media asked RKN to clarify hyperlink punishment

Published 19th November 2019

Not so long time ago the Russian internet watchdog Roskomnadzor has claryfied that the hyperlink to web-site or web-page, containing informatino forbidden for dissemination in Russia, is also dissemination of information in violation of Russian law. In other words if you place hyperlink to web-site, regardles of its updating with content, you are liable for information on such web-site, even if the operator or owner of such web-site updated such information you have hyperlinked to.

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The Russian law on blocking messengers’ users is not feasible

Published 18th November 2019

The Russian ministry of communication believes the draft law, recently proposed and introduced to Russian state duma and providing blocking of electronic mail’ and messengers’ users are technically non-feasible. If the service would refuse to block user, it could face penalty up to 1 mln roubles. The ministry dislikes this draft law because it also contradicts to the principle of net neutrality. If the messengers and operators of electronic mail would be force to see and read their users’ correspondence they could migrate to VPN and foreign communication services like Gmail, Yahoo and others.

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Russian ministry of education proposed to deprive patents for drugs intended for export

Published 18th November 2019

Russian ministry of education has proposed mandatory licensing for patents but in its original way. The patent can be deprived if the drug, produced under this patent, is intended to be exported. In order to implement it the relevant amendments to the Russian IP code are to be adopted. Under proposed amendments the rights of patent holder can be restricted, but the ministry believes its amendments are in accordance with relevant international law and would implement it.

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Apple and Google products can be forced out of Russian market

Published 12th November 2019

The new draft law provides obligation on pre-sale installation of applications, designed by Russian developers, on gadgets intended to be sold in Russian internal market. So, if the device already contain necessary minimum of application, designed by foreign, i.e. non-Russian software and application developers, such device is to be forbidden for sale. The gadgets are to be smartphones, computers and TV with smart function.

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Telegram blocked in Russia, but is not forbidden

Published 7th November 2019

On other words if the access to certain web-site or online service is restricted in Russia wether under Russian law, court order or prosecutor’s requirement, you would not violate the law by visiting such service. The purpose of blocking is restriction of access, but such restriction should be justified. By why to block certain web-site or service? One of the reasons could be the violation of law. But if the service or web-site is blocked does it mean its availability is forbidden in Russia?

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Month: November 2019