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Category: Digital

Ventura v Motherless: safe harbor matters

Joshua Lange, the named defendant, owns, operates, and is the sole employee of his internet site, Motherless.com. The site contains over 12.6 million mostly pornographic pictures and video clips. The content generally has been uploaded by the site’s users, and the uploaders may or may not have created the material. Motherless stores the content on servers that Lange owns. In 2011, the website had nearly 750,000 active users and about 611,000 visits daily.

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Spanski v Telewizja Polska: domestic copyright infringement from abroad

When the owner of a foreign website, acting abroad, uploads video content in which another party holds exclusive United States public performance rights under the Copyright Act and then directs the uploaded content to United States viewers upon their request, does it commit an infringing “performance” under the Act? If so, is it protected from liability by the principle – unquestioned here – that the Act has no extraterritorial application?

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SWD IA on EU copyright modernisation – out-of-commerce works in the collections of cultural heritage institutions

Digitisation and dissemination of out-of-commerce works held by cultural heritage institutions, including across borders, in ‘mass digitisation’ projects, is adversely affected by difficulties in clearing rights. The digitisation and dissemination of in-copyright OoC works as part of ‘mass digitisation’ efforts is however faced by distinct difficulties and high transaction costs for clearing the relevant rights. This problem contrasts with the inherently low current commercial value of the works at stake.

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Russian legislators proposed to ban apps for copyright infringement

They proposed the new draft law. It introduces new definition – the owner of app. App owner is the owner of software for computer where the information, containing copyrighted subject matter excluding photos or containing information necessary in order to receive such copyrighted subject-matter with help of telecommunication networks, is placed without proper permission of right holder or other legal ground.

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The digital codes battle between Disney and Redbox

Disney owns the copyrights to several well-known movies, including Beauty and the Beast, Frozen, Star Wars: Episode VII -The Force Awakens, Rogue One: A Star Wars Story, and Guardians of the Galaxy Vol. 2. Disney distributes its films in multiple formats through a variety of channels, including DVD and Blu-ray disc sales, on-demand streaming services such as iTunes and Google Play, and subscription streaming services such as Netflix and Hulu.

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New proposed law on “social networks” in Russia

After the first initial proposal to regulate and control social networks in Russia and dissemination of information there failed, the Russian legislators proposed new redaction of this law. It was introduced again and it seems the law will be adopted for sure and quickly. Explanation note to the draft law states that the aim is to preclude the dissemination of illegal and false social significant information in social networks in Russia.

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Draft Recommendation on the roles and responsibilities of internet intermediaries

A wide, diverse and rapidly evolving range of actors, commonly referred to as internet intermediaries, facilitate interactions on the internet between natural persons and between natural and legal persons by offering and performing a variety of functions and services. Some connect users to the internet, enable the processing of information and data, or host web-based services, including for user-generated content.

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SWD IA on EU copyright modernisation – Impacts of option 2 on availability of EU AV on VOD

Stakeholders’ dialogue (Option 1) + Obligation for Member States to establish a negotiation mechanism to overcome obstacles to the availability of audiovisual works on VoD

The negotiation mechanism would exclusively address copyright-related issues and would complement measures provided for in the AVMS Directive review for the promotion of European works. The negotiation mechanism would address individual cases of lack of availability and complements the general approach pursued by the stakeholder dialogue.

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Initial proposal to make social networks responsible for user generated content in Russia

The main declared purpose of proposed law is to create effective mechanism which could preclude dissemination of illegal information in social networks. That states explanatory note to the draft law. According to explanation note social networks can significantly affect public opinion, at least. Users of social networks play a vital role – they upload, create and generate content. Therefore there are should be at least two subjects of regulation.

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