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Dekuzu Posts

Third edition of USA copyright office compendium – compilations and derivative choreographic works

Published 26th March 2020

Derivative choreographic works

A derivative choreographic work is a work that is based on or derived from one or more preexisting works, regardless of whether the preexisting work is a choreographic work, a pantomime, or any other type of work listed in Section 102(a) of the Copyright Act. Typically, derivative choreography is a new version of a preexisting choreographic work or an entirely new work that combines preexisting choreography with a substantial amount of new material.

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IIPA on collective management in 301 special report

Published 24th March 2020

IIPA, in its written submission in response to USTR’s request for comments, gave main principles for collective management of rights. Actually it seems like recommendation for certain countries, including Russia, how to organize governing of CMO on national level. It would be better not to change anything in this peace of submission. By reading always keep in mind, that collective management in Russia organized rather than submission recommends.

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EU illegal IPTV research – The protection of broadcast content

Published 24th March 2020

Reproduction right and the exception for temporary acts of reproduction

Linear transmission of TV content involves the reproduction of fragments of broadcast at various stages of the technical process. These fragments are temporarily stored in the decoder or in the RAM memory of the computer, depending on the technical means used to transmit the signal, and are created in the end user’s TV screen while watching the broadcast.

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Liability for right choice of license

Published 5th March 2020

Can the user see the difference between license for personal use and license for public commercial performance? The court in Germany believes yes, the user should know and realize it, because he’s supposed to be professional. The user acquired a license as additional option to internet access and faced lawsuit from right holder for copyright infringement. The user believes he is not guilty. He has a license and he was told that the license he has acquired is enough to show sport events in his restaurant to all guests. The court did not agree.

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No free internet and blocking email in Russia… yet

Published 3rd March 2020

The Russian president wants free internet access, i.e. unpaid, for Russians. It supposed to be free access for social significant web-sites and online services, like state services for Russians, but including web-sites of mass media. Telecommunication operators dislike this idea, they ask for compensation of losses linked to free internet access for Russians. They would be obliged to transmit huge amount of traffic without payment requirement. The free internet access should be provided since 1st of March this year, but, as always, it wasn’t provided.

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Hiring a third party to exercise the licensee’s rights does not convert that third party into an independent licensee

Published 3rd March 2020

The appeal held that defendant Office Depot, Inc., did not become a licensee of a Creative Commons license, and become bound by its terms, or otherwise infringe Great Minds’ copyright by making copies of Eureka Math materials for a profit on behalf of school and school district licensees.

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Would enforcement authorities receive online access to personal data in Russia?

Published 20th February 2020

The Russian minister of communication has proposed to provide enforcement authorities with access to all personal data in online mode for the purposes of investigation? Personal data could include digital profile, id, and financial history, data received from mobile operators, financial institutions and different internet services.

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SWD IA on the EU copyright modernization – options for fair remuneration in authors’ and performers’ contracts

Published 19th February 2020

Baseline

No policy intervention. This option would rely on MS or self-regulation by industries at national level to impose transparency obligations on the contractual counterparties, or on industry specific agreements (resulting from collective bargaining for example) and other market developments to improve transparency.

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