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Category: Intellectual property

Australian copyright law review – with a fair use exception the right questions could be asked

An Australian copyright law review committee recommended the introduction of fair use in 1998. Almost 30 existing exceptions could be repealed, if fair use were enacted. In time, others might also be repealed. Replacing so many exceptions with a single fairness exception will make the Copyright Act considerably more clear, coherent and principled.

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Public comment on collective rights management rules review by the Council of Music Creators

The Consent Decrees of ASCAP and BMI were originally devised to prevent either of the PROs from exercising too much market power over music users and raising prices beyond a level which they might achieve in an open market. For nearly 60 years they achieved this purpose, providing users with an efficient way to license a vast repertory, music creators and their publishers with an efficient system for the collection and distribution of license fees, and consumers with access to the repertoire of protected works.

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What right holders are so concerned about in Russia in relation to new features of legal services?

Different services and companies in Russia clear copyright in content like music or video in order to provide their services consisting of entertainment content. The price for rights can be very high and the company, acquiring opportunity to use copyright protected content in its services, does not have any guarantee that its investments can be recouped.

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2017 Special 301 Report

The Special 301 Report (Report) is the result of an annual review of the state of IP protection and enforcement in U.S. trading partners around the world, which the Office of the United States Trade Representative (USTR) conducts pursuant to Section 182 of the Trade Act of 1974, as amended by the Omnibus Trade and Competitiveness Act of 1988, the Uruguay Round Agreements Act, and the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. § 2242).

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How Russian Roskomnadzor intends to kill Rutracker and other similar sites in Russia?

Russian Roskomnadzor realises that blocking of web-sites is not so effective measure. Therefore it decided to undertake measures to prevent any technical opportunity, providing dissemination of pirated copies of audiovisual works, by way of restricting access to servers of torrent trackers – so called “announcers”.

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Proposal for regulation on the exercise of copyright and related rights for online transmissions of broadcasting in EU

Broadcasters and retransmission service providers are increasingly investing in the development of digital and online services for the distribution of radio and television programmes. The online offerings of broadcasters include notably simulcasting services (TV/radio channels which are transmitted online alongside traditional broadcasting by satellite, cable or, terrestrial), TV catch-up services and podcasts.

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Public comment by SAG-AFTRA on collective rights managements rules review

The Consent Decrees are outdated and in relation to the current digital landscape, diminishing the artists’ ability to exploit their works. First, the Consent Decrees mandate that both PROs unequivocally grant a license to any user who submits an application, granting immediate access to the PRO’s entire repertoire upon application without first having to negotiate economic terms of the license or make any payment.

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