The only parties who are eligible to be the copyright claimant are (i) the author of the work, or (ii) a copyright owner who owns all of the exclusive rights in the work. A person or entity who owns one or more—but less than all—of the exclusive rights in a work is not eligible to be a claimant.
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One of the biggest and popular torrent trackers, rutracker, started to instruct its users how to access it, even if Russian internet service providers (ISP) have restricted access to rutracker and its mirrors under court order in Russia.
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The CMO, SIA AKKA/LAA, complained to the European Court of Human Rights that the domestic courts had restricted the copyright of authors whose musical works were collectively managed by the CMO. They complained, in particular, that as a result of the domestic proceedings in which the domestic courts had ordered the CMO to conclude licence agreements with broadcasting organisations and had set a royalty rate, the authors’ exclusive rights to freely conclude licence agreements for the use of their musical works had been restricted, contrary to Article 1 of protocol No. 1of the Convention of Human Rights.
Comments closedOver the last years, the functioning of the online content marketplace has gained in complexity. Online services storing and providing access to copyright protected content uploaded by their users have flourished and have become main sources of access to content online.
Comments closedT&S hosts a website that includes a public forum called “HairTalk.” Users of the forum may post content, share comments, ask questions, and engage in online interactions with other users on a range of topics including hair, beauty, and celebrities. Use of HairTalk is governed by terms of service providing that “any photo containing… celebrities… or any copyrighted image (unless you own the copyright) is not permitted.” Every time someone logs on to HairTalk, the user must agree to these terms.
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According to amendments if the right holder and infringer of exclusive right are legal entities and/or individual entrepreneurs and the dispute between them is subject to jurisdiction of commercial court, before to bring a lawsuit seeking compensation or damages, the person, intending to sue, must send to defendant a complaint. If the complaint stays without answer within 30 days following the day when the complaint has been sent, the plaintiff has the right to bring a suit.
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Collective licensing works on the basis of rights holders mandating collecting societies to manage certain rights on their behalf. As such, those rights holders actively opt in to collective licensing schemes and become collecting society members.
Comments closedSIA AKKA/LAA (SIA “Autortiesību un komunicēšanās konsultāciju aģentūra/Latvijas Autoru apvienība” –Copyright and Communication Consulting Agency ltd./Latvian Authors Association) is a non-profit organisation founded in Riga by a separate non-profit organisation, the Latvian Authors Association, whose members are various Latvian artists.
Comments closedWorks that are in the public domain in the United States cannot be registered with the U.S. Copyright Office. A copyrighted work enters the public domain in the United States when “its full copyright term has expired.”
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Russian Ministry of Culture has proposed to restrict access to pirate web-sites available in Russia without court order. Actually there are a lot of MinCult’s ideas (1,2) aiming to protect intellectual property in Russia and fight with digital piracy. Russian company Yandex believes MinCult’s proposal provides search engines with authority and functions similar to those of courts.
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