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Category: Interpretation

EU exit UK IP draft regulations

A substantial part of the law on copyright in the UK is derived from EU law. There are 11 EU Directives all of which have been implemented by the UK. The purpose of the Directives is to harmonise the copyright frameworks in Member States, by reducing national discrepancies and maintaining a level of protection which encourages creativity and enables consumers from across the EU to access services.

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Third edition of USA copyright office compendium – what is a sound recording?

Sound recordings are “works that result from the fixation of a series of musical, spoken, or other sounds, but not including sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes or other phonorecords, in which they are embodied.”

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Third edition of USA copyright office compendium – description of authorship in musical work

Giving an instrument name (e.g., guitar, trumpet, or keyboard) as a description of authorship is unclear, because the instrument could refer either to the music, the performance, or both. To refer to the musical contribution, the applicant should use clear terms, such as music, melody, or arrangement after the instrument named (e.g., “music for guitar,” “trumpet melody,” or “keyboard arrangement”).

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Hyperlink as copyright infringement

By its three questions (1, 2, 3), which should be examined together, the referring court asks, in essence, whether, and in what possible circumstances, the fact of posting, on a website, a hyperlink to protected works, freely available on another website without the consent of the copyright holder, constitutes a ‘communication to the public’ within the meaning of Article 3(1) of Directive 2001/29.

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Third edition of USA copyright office compendium – application tips for musical works

A copyright claim in music or lyrics may be registered with the U.S. Copyright Office in the same manner as other works of the performing arts. When submitting an online application, the applicant should select “Work of the Performing Arts” as the Type of Work.

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The sale of affiliated companies can trigger conflict linked to “common” brand

Two Russian insurance companies fight in court because their trade names are very similar. The trade name of one company is “RusStateInsure” (abbreviated RSI) and the trade name of second company is so far “RSI life”. RusStateInsure has file a lawsuit against RSI life for trademark infringement and despite the decision of RSI to change its tradename, the RusStateInsure does not intends to withdraw the lawsuit.

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Russian book publishers also endeavor to clear search results from pirate links

But they make efforts only in relation to Russian search engine and internet company Yandex. Google and other search engines are out of their interest. There are also search engines of Mail.ru and Rambler company. The association, representing the copyright interests of Russian major book publishers, has filed lawsuit against Yandex seeking to clear the search indexing from links to pirate web-sites.

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Yandex has been struck by right holders again, but from other side

Russian association on protection of copyright in internet (AZAPI) asked Russian internet watchdog – Roskomnadzor – to penalise Russian search engine Yandex because the last still indexes URLs to web-sites, blocked in 2016 – librusec and Rutracker. This is first time when the representatives of right holders apply the new law entered into force in September. The law provides fine up to 700 thousands Roubles if the subject of regulation fails to comply with law.

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