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Category: Intellectual property

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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Directive on television and radio programmes

What is the current situation for online transmission and retransmission of television and radio programmes?

Broadcasters are increasingly offering their broadcasts online (for instance through their simulcasting or catch-up services). However, such online programming often remains unavailable in other Member States, even if there is interest abroad to access it. The clearance of rights for such uses can be particularly burdensome: a broadcaster needs to obtain authorisations from various rightholders, for different categories of works and other protected content, and separately for every Member State, where the programme will be available online.

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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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Commission fines Sanrio €6.2 million for restricting cross-border sales of merchandising products featuring Hello Kitty characters

The European Commission has fined Sanrio €6.2 million for banning traders from selling licensed merchandise to other countries within the EEA. This restriction concerned products featuring Hello Kitty or other characters owned by Sanrio.

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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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Third edition of USA copyright office compendium – copyright registration issues for dramatic works

A “joint work” is “a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.” Scripts for stage and screen are often written by multiple authors. If the authors of the script intend to merge their contributions into inseparable or interdependent parts of a unitary whole, the script is a joint work, and the applicant should name all the joint authors in the application.

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Russian IP court: there is no copyright infringement without IP object

The Russian accredited collecting society (CMO) collecting royalties for copyright in musical works has sued Russian cinema holding, seeking royalties for synchronization right. RAO has proposed cinema holding to conclude agreement for synch right, but the cinema has refused. Therefore RAO has filed suit. In the suit CMO has placed the list of audiovisual works and one author to each relevant AV work.

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