Law | Dekuzu

Draft third edition of USA copyright office compendium – compilations and collective works

Published 27th July 2017

A compilation or a collective work may be registered with the U.S. Copyright Office, provided that it constitutes copyrightable subject matter. If the authorship involved in creating the compilation or collective work as a whole (i.e., the author’s selection, coordination, and/or arrangement) does not fall within one or more of the congressionally established categories of authorship, the registration specialist may communicate with the applicant if the authorship appears questionable or may refuse registration.

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Proposed amendments to Marrakesh Regulation

Published 25th July 2017

This Regulation should ensure that, in accordance with Article 9 of the Marrakesh Treaty, the contracting parties provide financial and human resources to facilitate international cooperation between authorised entities, the adequate availability of accessible format copies and the cross-border exchange of such copies.

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When plagiarism in design is a more likely the matter of competition than copyright

Published 24th July 2017

One Russian publishing house “Azbuka-Attikus” has filed complaint to the Moscow department of Russian Federal Anticompetitive Service (MDFAS) in relation to other publishing house “Eksmo”. According to complaint “Eksmo” has copied design of book covers created by “Azbuka”.

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New law provides regulation for audio-visual services operating in Russia

Published 21st July 2017

The law provides definition of organiser of audio-visual service. It is an owner of web-site and/or its single page in Internet network and/or software for computers, which are exploited (web-site, page or software) to form and/or to organise dissemination in Internet a set of audio-visual works, if access to such audio-visual works is provided for payment and/or under condition to view an ads, intended to attract attention of consumers, residing in Russia, and the quantity of visitors is not less than 100 thousands a day from territory of Russia.

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The Intellectual Property (Unjustified Threats) Act 2017 Business Guidance – Permitted communication and Remedies

Published 20th July 2017

The Act introduces a ‘safe harbour’ of ‘permitted communications’ which allow parties to communicate and take some steps towards resolving disputes without running the risk of triggering litigation. The provisions allow rights holders to attempt to identify the source of infringement by engaging with those further down the supply chain under a clear framework.

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Draft third edition of USA copyright office compendium – the copyrightability of a derivative work

Published 18th July 2017

A derivative work may be registered with the U.S. Copyright Office, provided that it constitutes copyrightable subject matter. Derivative works are a subset of the subject matter categories, rather than a separate and distinct category of work. In other words, the new material that the author contributed to the derivative work must fall “within one or more of the categories listed in section 102 of the Copyright Act.”

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Messengers, operating in Russia, can receive more freedom from Russian mobile operators

Published 14th July 2017

New draft law, currently considered, provides regulation for messengers like Viber or WhatsApp. In initial draft it was provided that messengers have to identify its users. Identification can be made with help of subscriber’s phone number and under agreement concluded between messenger and mobile operator. Such provision was very advantageous for mobile operators – without them messengers would not have opportunity to work in Russia.

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How new law regulates blocking of web-site mirrors in Russia?

Published 14th July 2017

In order to trigger the mechanism of blocking, the Russian Roskomnadzor has to receive a court order. After that, Roskomnadzor requires internet service providers (ISP) to restrict access to web-site in Internet permanently, if there was illegally placed information containing objects of copyright or information necessary to receive such objects with help of info-telecommunication networks, including Internet.

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Proposed amendments to Marrakesh EU directive

Published 13th July 2017

This Directive should provide for a mandatory exception to the rights that are harmonised by Union law and are relevant for the uses and works covered by the Marrakesh Treaty. Such rights include, in particular, the rights of reproduction, communication to the public, making available to the public, distribution and lending, as provided for in Directives 2001/29/EC, 2006/115/EC and 2009/24/EC, as well as the corresponding rights provided for in Directive 96/9/EC. As the scope of the exceptions or limitations required by the Marrakesh Treaty also includes works in audio form, like audiobooks, the mandatory exception provided for under this Directive should also apply to related rights.

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New draft law proposes to oblige social networks to bear responsibility in Russia for user’s content

Published 13th July 2017

Explanatory note to this draft law reveals its main goal – to prevent dissemination of illegal information in social networks. Note also underlines, that European countries also pay attention to regulation for social networks. Therefore, Russian legislators decided to be in trend, like foreign legislators.

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Category: Law