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Dekuzu Posts

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

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

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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One Russian major book publishing house decided to pay for information on pirates

Thanks to internet it is not so easy for book publishers to survive in market realities. Many books are available in internet and not always in accordance with law and with permission of right holder. One Russian publishing house decided to pay for information on their books which were counterfeited in hard copies. The informant can receive up to 10% from value of counterfeited books.

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

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

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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Public comment by National Music Publishers Association on collective rights management rules review

NMPA believes the consent decrees have become a significant impediment to a well-functioning market for licencing the performances of musical works, resulting in inefficient licencing and failing to provide fair market-based compensation for songwriters and music publishers.

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

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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SWD Online Platforms – their characteristics

Platforms are generally known as “two-sided” or “multi-sided” markets where users are brought together by a platform operator in order to facilitate an interaction (exchange of information, a commercial transaction, etc.). In the context of digital markets, depending on a platform’s business model, users can be buyers of products or services, sellers, advertisers, software developers, etc.

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