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Category: Law

EP’s position on cross-border exchange of IP objects under Marrakesh Treaty

The European parliament has adopted its position at first reading on regulation laying dawn uniform rules on the cross-border exchange of accessible format copies of certain works and other subject matter between the Union and third countries that are parties to the Marrakesh Treaty.

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2017 USA Notorious Market List

The Notorious Markets List highlights prominent and illustrative examples of online and physical marketplaces that reportedly engage in, facilitate, turn a blind eye to, or benefit from substantial piracy and counterfeiting. A goal of the List is to motivate appropriate action by owners, operators, and service providers in the private sector of these and similar markets, as well as governments, to reduce piracy and counterfeiting.

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Guidance on IPRED: ensuring a balanced regime for injunctions and intermediaries – scope of injunctions and digital evidence

While it is initially the applicant who is to specify in his application the scope of an injunction he considers appropriate to prevent an imminent infringement or to stop an ongoing one, it is the competent judicial authority which is to decide on that application.

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Third edition of USA copyright office compendium – compilations and collective works

Compilations

The Copyright Act defines a “compilation” as “a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship.”

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Russian government is not going to provide ISP with authority to cut internet traffic to web-sites

Russian telecommunication companies proposed to cut internet traffic to certain web-sites. It seems they have proposed it on a case when network is overloaded. But which web-sites should receive priority for better bandwidth is not clear. Telecommunication companies have proposed to make “bandwidth priority” a law they develop.

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Guidance on IPRED: ensuring a balanced regime for injunctions and intermediaries – filtering systems and dynamic injunctions

According to Article 15(1) of the e-Commerce Directive, Member States are prohibited from imposing a general monitoring obligation on online intermediaries within the meaning of Articles 12-14 of that Directive. Such an obligation would also be incompatible with the general requirements of fairness, proportionality and any measures not being excessively costly set out in Article 3 of IPRED.

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SWD IA on EU copyright modernisation – impacts of second option for digital retransmission

Mandatory collective management of rights to retransmission of TV / radio broadcasts by means of any retransmission services, irrespective of the retransmission technology or network used, as long as they are provided to a defined number of users (subscribers, registered users)

Option 2 would enhance the level of legal certainty for the benefit of a wide range of retransmission services – IPTV, OTT, satellite, DTT, mobile – and can be expected to both (i) contribute to a greater variety of such services and (ii) provide an incentive to the retransmission service providers to expand the range of TV / radio channels offered to their subscribers.

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