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Category: Law

Apple and Google products can be force out of Russian market

The new draft law provides obligation on pre-sale installation of applications, designed by Russian developers, on gadgets intended to be sold in Russian internal market. So, if the device already contain necessary minimum of application, designed by foreign, i.e. non-Russian software and application developers, such device is to be forbidden for sale. The gadgets are to be smartphones, computers and TV with smart function.

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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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First fine for fake news under Russian law

First time in Russian legal history the Russian magistrate court has imposed fine on Russian media resource under the Russian law on fake news. The magistrate court has imposed 200 thousand Roubles fine on internet resource and 60 thousand Roubles on chief editor of this resource for dissemination of fake news under Russian administrative code.

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It is better to fine rather than block web-sites, believes RKN

The history with Telegramm shows that Russian internet watchdog Roskomnadzor is not able to shut down services blocked under Russian court orders. Moreover, many officials from Russian government and authorities use Telegramm and even sometimes organize a bidding for research of social activity in Telegramm’s community. It is not good for reputation when almost all internet users tell jokes and make memes on RKN’s ability to execute will in relation to restriction of access to internet resources.

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First time the Russian court has seized intellectual property

The Russian district court has seized the object of intellectual property almost first time in Russian legal history within the frames of criminal case. The investigators from Russian Federal Security service have filed motion to size property, including software developed by the indicted person. The investigators believe if the seizure of property can be applied in the case, the software is to be also arrested.

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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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