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Category: Copyright

SWD Impact assessment on the modernisation of EU copyright rules – impacts of second option for the use of protected content by online services

An obligation on online services which store and give access to large amounts of protected content uploaded by their users to put in place appropriate and proportionate technologies and to increase transparency vis-a-vis rights holders

Against the backdrop of the role of user uploaded content services in the communication to the public of protected content, the establishment of an obligation to deploy technical means will have a positive impact on right holders.

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Determination of willfulness in copyright infringement

Kast is a California businessman. One of his businesses is Atherton Trust, a real estate wealth management company. In order to develop a web-site for this business he hired website developer – Only Websites. Among other things, Kast “agreed to provide content and other material… throughout the development process.” Kast’s approval would be required on all work, “including the design, development and finalization of the website.”

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of first option for the use of protected content by online services

Stakeholder dialogues between rightholders and services which store and give access to large amounts of content uploaded by their users

Due to its voluntary nature, it seems unlikely that stakeholder dialogues will result in sufficient improvements in the take up, efficiency and transparency of technologies in comparison to the possible evolution of the market.

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Third edition of USA copyright office compendium – dramatic works

For purposes of copyright registration, a dramatic work is a composition generally in prose or verse that portrays a story that is intended to be performed for an audience such as plays, musicals, or operas. Generally, a dramatic work represents the action as it occurs rather than simply narrating or describing the action. Some dramatic works include music.

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of baseline option for the use of protected content by online services

Impact on creative industries’ and right holders’ capacity to control better the availability of their content on user uploaded content services and thereby negotiate with the services the conditions of such use: as the implementation by the services of technologies, such as content identification technologies, will remain voluntary and based on the terms set by the services, it is likely that the baseline scenario will not lead to improvements for rightholders who are likely to continue having difficulties to enter into negotiations and/or negotiate fair terms for the use of their content.

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Third edition of USA copyright office compendium – application tips for sound recording copyright registration

If the applicant intends to register (draft) a sound recording or a sound recording combined with the underlying musical work, dramatic work, or literary work embodied in that recording, the applicant must select “Sound Recording” when completing the online application or must use Form SR when completing a paper application.

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Russian Facebook VKontakte intends to settle copyright infringement lawsuit

Many Russian right holders have tried to “punish” Russian popular social network VKontakte – Russian Facebook – for copyright infringement. Users of this social network like Vkontakte because you can get satisfaction for your taste in music, video or even books. But in most cases right holders failed because Vkontakte’s position is always the same – “we are only informational intermediary”, therefore “we are not liable if the user posts or links to any illegal content”, “we can only takedown such content in our network”.

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Russian patent service does not want to have competitor in its field of activity

Russian ministry of communication has drafted new presidential decree on establishment of new public state organisation – Russian intellectual property center. The organisation is to be established with aim to improve state policy in the field of intellectual property, consolidation of state and civil society efforts for development of IP market and increasing of export potential in the terms of shifting to digital economy.

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Right holders are dissatisfied by Yandex’s execution of antipiracy memo

Major Russian right holders, holding rights in audio-visual works, and Yandex have signed anti-piracy memorandum, the agreement aiming to delete links or pirate web-sites from search results. In order to execute this memo Yandex have developed its own bot – special software searching for illegal sources of right holders’ content. The bot is not only means of memo execution, but the main, and right holders, who signed this memo, are dissatisfied on its work.

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