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Category: Intellectual property

Third edition of USA copyright office compendium – registration issues linked to sound recordings

A sound recording and the music, lyrics, words, or other underlying content embodied in that recording are separate works. For example, the song “Amazing Grace” and a recording of Aretha Franklin singing “Amazing Grace” are two distinct works. The song itself (i.e., the music and lyrics) is a “musical work.” A recording of that song performed by a particular artist is a “sound recording.”

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SWD IA on EU copyright modernisation – impacts of second option for preservation of cultural heritage

Mandatory harmonised exception for preservation purposes by cultural heritage institutions

Impacts on legal certainty for preservation of cultural heritage: This option would be effective for CHIs as all of them (including for example museums and film heritage institutions in all EU MS) would be in the position to carry out preservation reproductions of works in their permanent collections with legal certainty and with digital technologies.

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USA copyright office should help Russian cinemas to avoid payment of royalties for synch right

Russian collective management society this year has sued different cinemas for non-payment of royalties for synchronization right. According to current Russian law the Russian Authors Society has received state accreditation for collecting of royalties for synch right. State accreditation in collective management of rights means the holder of such accreditation can collect royalties in the name of right holders, who even did not provide authority to do it.

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Russian patent service deprived 19 companies of the right to use brand under the place of origin

In Russia there is famous natural spring – Essentuki. The Russian mineral water under the brand Essentuki is produced there. Only couple manufacturers can use this brand simply because they have productions in Essentuki. They manufacture bottled water and sell it under the brand “Essentuki”. But it does not mean that other companies don’t want to use the known brand. They also produce water, despite the fact that their manufacturing located far from Essentuki.

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SWD IA on EU copyright modernisation – impacts of baseline and first options for preservation of cultural heritage

Baseline

In the short term, the situation would not substantially change for CHIs. They would enjoy a narrow or larger space for preservation depending on the MS in which they carry out their preservation activities. Except in cases where MS may update their implementation of the current EU exception for ‘specific acts of reproduction’ to exploit its full space for preservation purposes, legal uncertainty and barriers to preservation will persist to varying degrees in the long term too.

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Third edition of USA copyright office compendium – derivative sound recordings

A derivative sound recording is a sound recording that is based on preexisting sounds that have been “rearranged, remixed, or otherwise altered in sequence or quality.” Preexisting sounds may include sounds that have been previously published, previously registered, sounds in the public domain, sounds fixed before February 15, 1972, or sounds that are owned by another party.

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SWD IA on EU copyright modernisation – options to address preservation of cultural heritage

Baseline

No policy intervention. Reproduction of works for preservation purposes by CHIs would continue to take place only as permitted under the different conditions and the varying space provided by the national implementation of the existing EU exception for ‘specific acts of reproduction’, or after the reproduction right has been cleared with rightholders if CHIs consider that the transaction costs involved is for them worth and possible to incur. In voluntary legal deposit contexts and for parts of scientific publications that libraries have access to remotely, preservation could continue to take place within broader agreement-based systems.

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