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Category: Law

Rationale for European commission’s proposal of a regulation to increase fairness and transparency for online platforms

Online platforms offer access to cross-border consumer markets and have become the go-to interface for millions of businesses, big and small, in sectors ranging from online retailing, professional services and app development, to transport and hospitality.

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Sometimes Russian Roskomnadzor, but not the court, decides whether there is copyright infringement

Russian social network Vkontakte is Russian Facebook. It is very popular. Many people use it every day. This social network allows its users to upload a video and music, share this content. Other users can not only listen or watch music or video, they can also download it thanks to different apps or special web-sites.

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Estonian’s Option B of article 11 for DSM copyright directive

Presumption for publishers of press publications

Press publications contain mostly literary works but increasingly include other types of works and subject-matter, notably photographs and videos. Due to the large number of authors and rightholders involved in the creation of a press publication, licensing and enforcement of the rights in press publications are often complex and inefficient in the digital environment. Publishers may notably face difficulties when proving that they have been transferred or licensed the rights in such works and other subject-matter for the purposes of concluding licences or enforcing the rights in respect of their press publications.

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SWD IA on EU copyright modernisation – Use of protected content in digital and cross-border teaching activities

Teachers and students face legal uncertainty when using content in digitally-supported teaching practices, in particular across borders. A huge variety of content (text, images, music, video), often protected by copyright, is used in teaching activities.

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Third edition of USA copyright office compendium – Application Tips for Databases

A single-file or multi-file database may be registered as a literary work if the predominant form of authorship in the work consists of text. A database may be registered as a work of the visual arts if the predominant form of authorship consists of photographs or other forms of pictorial authorship.

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EU negotiators reached a political agreement to update the EU’s telecoms rules

The European Parliament and the Council reached a political agreement to update the EU’s telecoms rules. The new European Electronic Communications Code, proposed by the Commission, will boost investments in very high capacity networks across the EU, including in remote and rural areas.

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Estonian’s option A of article 13 for DSM copyright directive

Self-standing obligation of measures

Over the last years, the functioning of the online content marketplace has gained in complexity. Online services storing and providing access to copyright protected content uploaded by their users have flourished and have become main sources of access to content online. When the content is uploaded by users who do not own the relevant rights in the whole or parts of the content they upload, this situation affects rightholders’ possibilities to determine whether and under which conditions their content is used as well as their possibilities to get an appropriate remuneration for it. It is therefore necessary to provide for certain measures that these service providers should take to protect the content.

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When the parallel import is a constitutional matter

Russian constitutional court has prohibited application of the similar sanctions for parallel import and for selling of counterfeits.  One Russian company PAG has concluded state contract for supply to medical institution a special paper under Sony mark for ultrasound scan. Such paper Russian company has acquired from Poland company and imported to Russia. The customs has seized the paper under the order of commercial court of Kaliningrad province.

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