Intellectual property rights (‘IPR’) protect intangible assets, allowing creators, inventors and artists to profit from their creative and innovative activities. Intangible assets account for more than half the value of companies, and their importance is growing. In a world where EU companies are increasingly competing on innovation, creativity and quality, intellectual property (‘IP’) is a powerful tool for growing the competitiveness of all companies, including small- and medium-sized enterprises (‘SMEs’).
Comments closedCategory: Law
Under the baseline scenario, broadcasters would continue facing high transaction costs linked to licensing of rights for cross-border online transmissions, including for their own programmes. Existing voluntary initiatives aimed at promoting the aggregation of rights and the granting of multi-territorial licences could nevertheless contribute to facilitating the clearance of rights for musical works and phonograms used in in radio and TV broadcasts.
Comments closedA work of authorship is considered a joint work “if the authors collaborated with each other, or if each of the authors prepared his or her contribution with the knowledge and intention that it would be merged with the contributions of other authors as ‘inseparable or interdependent parts of a unitary whole.’”
Comments closedThis appeal presents a single question: does BMI’s Consent Decree prohibit BMI from licensing a fractional interest in the public performance right to a musical work (commonly referred to as “fractional licensing”), when BMI does not control the entirety of the public performance right for that musical work? As demonstrated below, the answer to this question is no.
Comments closedThe Russian courts find out whether quotation is only for textual works or it can be also for images
The case is about quotation of images. One media house (defendant) has published in its articles and on its web-site the photographs of Russian popular blogger Varlamov (plaintiff). Varlamov did not like it and has filed a lawsuit for copyright infringement. He lost the case. The court of first instance ruled it was simple quotation – copyright exception. Varlamov appealed.
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The Intellectual Property Office (IPO) is obliged to have regard to information which is received regarding behaviour or activities which may constitute a breach of the Collective Management of Copyright Regulations. However (with the exception of a request from a national competent authority in another member state), the IPO is not obligated to take any particular action in response to such information.
Comments closedRussian ministry of communication (MinCom) and Roskomandzor have developed and proposed new amendments to Russian law allowing this authority to check relative relationships of persons, who owns or controls mass media in Russia. Proposed amendments provide the Roskomnadzor with access to federal data base of registered acts of civil status.
Comments closedOption 3 – Application of country of origin to the clearing of rights for the services covered by Option 2 and for TV and radio-like linear online transmissions (and services ancillary to such transmissions)
This option would cover, in addition to the services covered under Option 2, TV and radio-like linear online transmissions which are not linked to a broadcast but are online only transmissions (webcasting) and services ancillary to the webcast (such as catch-up and previews of the webcasts). The “country of origin” (CoO) rule would apply to such services.
Comments closedAs a general rule, a registration for a work of authorship covers the entire copyrightable content of the authorship that (i) is claimed in the application, (ii) is owned by the claimant, and (iii) is contained in the deposit copy(ies).
Comments closedRussia’s customs authorities continue to assess duties on the royalty value of some imported audiovisual materials, rather than solely on the physical value of carrier medium. This is contrary to standard international practice. Such assessments are a form of double taxation, since royalties are also subject to withholding, income, value-added and remittance taxes.
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