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Category: Copyright

Russia IIPA 2020 special 301 report

Special 301 Recommendation: IIPA recommends that the Russian Federation be retained on the Priority Watch List in 2020.

Priority actions requested in 2020

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SWD IA on the EU copyright modernization – impacts of baseline and first option for fair remuneration of authors and performers

Baseline

The problem of information asymmetry is not likely to be resolved by market developments, including self-regulation, or MS legislation. Problems for creators as regards lack of information on the exploitation and revenues generated by their works will continue in a number of MS and the cross-border aspects of the problem will not be addressed.

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Third edition of USA copyright office compendium – compilations and derivative choreographic works

Derivative choreographic works

A derivative choreographic work is a work that is based on or derived from one or more preexisting works, regardless of whether the preexisting work is a choreographic work, a pantomime, or any other type of work listed in Section 102(a) of the Copyright Act. Typically, derivative choreography is a new version of a preexisting choreographic work or an entirely new work that combines preexisting choreography with a substantial amount of new material.

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IIPA on collective management in 301 special report

IIPA, in its written submission in response to USTR’s request for comments, gave main principles for collective management of rights. Actually it seems like recommendation for certain countries, including Russia, how to organize governing of CMO on national level. It would be better not to change anything in this peace of submission. By reading always keep in mind, that collective management in Russia organized rather than submission recommends.

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EU illegal IPTV research – The protection of broadcast content

Reproduction right and the exception for temporary acts of reproduction

Linear transmission of TV content involves the reproduction of fragments of broadcast at various stages of the technical process. These fragments are temporarily stored in the decoder or in the RAM memory of the computer, depending on the technical means used to transmit the signal, and are created in the end user’s TV screen while watching the broadcast.

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Russian IT industry asked to save IP monopoly

The Russian antitrust service has proposed to apply antitrust regulations in relation to intellectual property deals in Russia, in other words it was proposed to diminish monopoly provided by intellectual property.

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Liability for right choice of license

Can the user see the difference between license for personal use and license for public commercial performance? The court in Germany believes yes, the user should know and realize it, because he’s supposed to be professional. The user acquired a license as additional option to internet access and faced lawsuit from right holder for copyright infringement. The user believes he is not guilty. He has a license and he was told that the license he has acquired is enough to show sport events in his restaurant to all guests. The court did not agree.

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Hiring a third party to exercise the licensee’s rights does not convert that third party into an independent licensee

The appeal held that defendant Office Depot, Inc., did not become a licensee of a Creative Commons license, and become bound by its terms, or otherwise infringe Great Minds’ copyright by making copies of Eureka Math materials for a profit on behalf of school and school district licensees.

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Private copying levy, big data and little bit more for today

Business asked the Russian ministry of economic to consider the idea to reduce the rate of private copying levy in Russia. The private copying levy is to be imposed on the equipment capable of copying, but customers bus such equipment lesser and lesser.

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SWD IA on the EU copyright modernization – options for fair remuneration in authors’ and performers’ contracts

Baseline

No policy intervention. This option would rely on MS or self-regulation by industries at national level to impose transparency obligations on the contractual counterparties, or on industry specific agreements (resulting from collective bargaining for example) and other market developments to improve transparency.

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