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Category: Copyright

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

Introduction in EU law of a related right covering digital uses of press publications

Under this option, press publishers would still need to acquire authors’ authorisation to publish their contributions in a newspaper or a magazine, as they do today. Therefore, the relationship authors-publishers would remain untouched. In contrast, this option would provide these publishers with a substantial added value when it comes to licensing out their publications for online uses by third parties, something that is increasingly important for them in the digital environment.

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Third edition of USA copyright office compendium – choreographic works

The Copyright Act recognizes choreography as a distinct category of copyrightable authorship. The statute does not define the term “choreographic works.” However, the legislative history states that this term has a “fairly settled meaning.” The word “choreography” is derived from the Greek words “choreia,” meaning “dance,” and “graphikos,” meaning “to write.” A dance is the “static and kinetic succession of bodily movement in certain rhythmic and spatial relationships.”

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First time the Russian court has seized intellectual property

The Russian district court has seized the object of intellectual property almost first time in Russian legal history within the frames of criminal case. The investigators from Russian Federal Security service have filed motion to size property, including software developed by the indicted person. The investigators believe if the seizure of property can be applied in the case, the software is to be also arrested.

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Copyright in technical report

Can technical report be protected by copyright? For example the Russian courts believe it can be. But unlike the USA or UK copyright law system for the Russian copyright system it was important the presence of creativity rather then originality. So, under the Russian copyright law it was necessary for the subject matter to be created with creativity, the originality was not so important for protection by copyright.

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Whether the work is made for hire if the letter agreement was executed after creation?

Over the course of 55 years, Stanley Kauffmann, who was never employed by TNR, contributed numerous film reviews and other articles to The New Republic magazine. During that time, Kauffmann and TNR took some actions consistent with an understanding that Kauffmann was the author of, and owned the copyrights in, his articles. For example, Kauffmann granted many third‐party licenses to republish his TNR articles without objection from TNR.

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IP court: making available is different from public performance

The Russian television channel (The First Channel) produces a television program famous in Russia. The program is called “What? Where? When?” where the experts answers the questions asked by the viewers. The program consists of certain amount of rounds. Between these rounds there is musical pause. In one episode of this program, during musical pause, the group of musicians has performed the song. The programs has been broadcasted and then uploaded to the web-site of the channel.

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SWD IA on the EU copyright modernization – impacts of baseline and first options for press publishers

Baseline option

Without intervention at EU level, legal uncertainty in this sector is expected to increase and publishers’ bargaining position would further weaken. The loss of print revenues is not expected to be compensated by the increase of online revenues. Online revenue streams feature smaller margins, as the competition for digital advertisement revenues is tough and free-access press items are widely available. Moreover, access to news through smartphones is increasing every year. As advertising revenues linked to access through smartphones are lower than through computers, this evolution of news consumption would make overall revenues decrease.

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Third edition of USA copyright office compendium – application tips for dramatic works

When registering a claim in a dramatic work using the online application, the applicant should select “Work of the Performing Arts” as the “Type of Work.” When registering a claim using a paper application, the applicant should complete Form PA.

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Russian Facebook Vkontakte deploys anti-piracy filter

Russian social network Vkontakte has signed ant-piracy memorandum with book publishers and online stores. The aim of memo is similar to audio-visual memo signed by the Yandex & IT companies with audio-visual right holders (mostly Russian media companies making content for Russian TV). The memo supposed to anti-piracy checking of book content before the downloading.

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SWD IA on the modernization of EU copyright rules – options to introduce press publishers right

Baseline

No policy intervention. Under this option, the use of publications would remain governed by the rules applicable to the rights transferred to press publishers by authors and other rightholders. Issues related to the different bargaining position of press publishers and online service providers would not be addressed, without prejudice to the possible application of competition law.

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