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Category: Interpretation

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 – 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 enforcement authorities explained what is insulting of authority

The Russian ministry of internal affairs (MIA) has drafted special paper, some king of clear explanation, describing what is insulting of state authority bodies or institutions. But the most important thing is that this paper or, if more officially, methodical recommendations, are not of obligatory nature. In other words recommendations only “recommend” and authorities can apply the new law on punishment for insulting of authorities at their own discretion.

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First challenging of theatrical distribution of movies in constitutional court

Russian movie theatrical distributor has filed complaint to Russian constitutional court in order to challenge the rules for theatrical distribution. The distributor believes these rules are of censorship nature. The complaint states on violation of freedom and rights by the actions of Russian ministry of culture (MinCult). MinCult has the rights to shift release dates almost of any film in Russia or repeal the permission for theatrical distribution at all.

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It was proposed to define what “internet crime” is

The Russian commissioner for human rights – Tatyana Moskalkova – has proposed to define in law what the internet crime is. She believes new definition would help people to avoid prosecution for repost and sharing in social networks. The relevant committee in the Russian Council Federation believes such proposal deserves attention and should be considered.

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