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Category: Interpretation

Telegram blocked in Russia, but is not forbidden

On other words if the access to certain web-site or online service is restricted in Russia wether under Russian law, court order or prosecutor’s requirement, you would not violate the law by visiting such service. The purpose of blocking is restriction of access, but such restriction should be justified. By why to block certain web-site or service? One of the reasons could be the violation of law. But if the service or web-site is blocked does it mean its availability is forbidden in Russia?

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SWD IA on the EU copyright modernization – impacts of second option for press publishers

Introduction in EU law of a related right covering digital uses of press publications

Under this option, press publishers would still need to acquire authors’ authorisation to publish their contributions in a newspaper or a magazine, as they do today. Therefore, the relationship authors-publishers would remain untouched. In contrast, this option would provide these publishers with a substantial added value when it comes to licensing out their publications for online uses by third parties, something that is increasingly important for them in the digital environment.

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Third edition of USA copyright office compendium – choreographic works

The Copyright Act recognizes choreography as a distinct category of copyrightable authorship. The statute does not define the term “choreographic works.” However, the legislative history states that this term has a “fairly settled meaning.” The word “choreography” is derived from the Greek words “choreia,” meaning “dance,” and “graphikos,” meaning “to write.” A dance is the “static and kinetic succession of bodily movement in certain rhythmic and spatial relationships.”

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Copyright in technical report

Can technical report be protected by copyright? For example the Russian courts believe it can be. But unlike the USA or UK copyright law system for the Russian copyright system it was important the presence of creativity rather then originality. So, under the Russian copyright law it was necessary for the subject matter to be created with creativity, the originality was not so important for protection by copyright.

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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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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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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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Whether annotations to the law can be copyrighted?

Whether the annotations contained in the Official Code of Georgia Annotated (OCGA), authored by the Georgia General Assembly and made an inextricable part of the official codification of Georgia’s laws, may be copyrighted by the State of Georgia. No valid copyright interest can be asserted in any part of the OCGA.

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