This option would simplify the clearance of rights needed for cross-border online transmissions: broadcasters would only need to clear the rights for the country of origin while they would be able to offer their services in the entire EU. However, Option 2 entails a limited risk of disaggregation of repertoire currently managed by CMOs, which would have a negative effect on transaction costs (broadcasters would have to negotiate with individual rightholders instead of CMOs).
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The Copyright Act defines a derivative work as “a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgement, condensation, or any other form in which a work may be recast, transformed, or adapted.” The statute also states that “a work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a ‘derivative work.’”
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One Russian famous writer, the author of Prostokvashino, Eduard Uspensky has published an open letter to Russian president. The letter is some kind of “the cry of writer’s soul” because his copyright is not respected from his point of view. Actually the letter titles “I don’t have the right to receive remuneration for t-shirt with Cheburashka (books character)”. The reason of this letter is production of new series of Prostokvashino by Russian Souzmultfilm, but without participation of Uspensky.
Comments closedMember States are required to enable the competent judicial authorities to order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity to pay the rightholder damages appropriate to the actual prejudice suffered by him as a result of the infringement. Where the infringer acted not knowingly, or without reasonable grounds to know, Member States have the possibility to enable the judicial authorities to order the recovery of profits or the payment of damages, which may be pre-established.
Comments closedOption 1 could facilitate the clearance of rights and reduce transaction costs for cross-border online transmissions only on the basis of voluntary agreements concluded between rightholders, CMOs and broadcasters. The effectiveness of such agreements would depend on the sectors’ willingness to license rights collectively (which may be limited in the case of AV works).
Comments closedThe 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.”
Comments closedRussian Federal Antitrust Service believes they can. Elena Zaeva, the main person in service’s department of communication and informational technologies, stated that the service has revealed the opportunity of search engines, namely Yandex and Google, to affect search results “manually”. But the service did not reveal violation of current Russian law, but it monitors the situation.
Comments closedTill the end of 2019 there should be regulated identification of internet of things (IoT) in Russia. Such measure is provided in Russian strategy for “Digital economy”. It was stated that it is not about to identify users, who have devices of IoT, but things themselves. For each device, thing connected to internet, an individual identifier should be allocated.
Comments closedEfficient, well-designed and balanced intellectual property (IP) systems are a key lever to promote investment in innovation and growth. Intellectual Property Rights (IPRs) are one of the principal means through which companies, creators and inventors generate returns on their investment in knowledge and creation.
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