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Category: Copyright

SWD IA on EU copyright modernisation – impacts of fourth option for text and data

Mandatory exception covering applicable to anybody who has lawful access (including both public interest research organisations and businesses) covering text and data mining for non-commercial and commercial scientific research purposes

The impact of Option 4 on research organisations in relation to legal certainty and transactions costs is similar to Option 3. Differently from the other options, because of the broader scope of application of the exception, Option 4 would specifically benefit researchers in commercial companies as they would no longer need a specific licence to mine content to which they have lawful access to.

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Third edition of USA copyright office compendium – description of authorship in musical work

Giving an instrument name (e.g., guitar, trumpet, or keyboard) as a description of authorship is unclear, because the instrument could refer either to the music, the performance, or both. To refer to the musical contribution, the applicant should use clear terms, such as music, melody, or arrangement after the instrument named (e.g., “music for guitar,” “trumpet melody,” or “keyboard arrangement”).

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Hyperlink as copyright infringement

By its three questions (1, 2, 3), which should be examined together, the referring court asks, in essence, whether, and in what possible circumstances, the fact of posting, on a website, a hyperlink to protected works, freely available on another website without the consent of the copyright holder, constitutes a ‘communication to the public’ within the meaning of Article 3(1) of Directive 2001/29.

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Book publishers have proposed Yandex to sign antipiracy memorandum for books

The Russian association on copyright protection, working in interests of Russian book publishers, has proposed Yandex to sign antipiracy memorandum similar with those signed with audiovisual right holders but for digital and audio books. The association has also notified Roskomandzor thereof.

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SWD IA on EU copyright modernisation – impacts of third option for text and data mining

Mandatory exception applicable to public interest research organisations covering text and data mining for the purposes of both non-commercial and commercial scientific research

Similar positive impact on researchers as under Option 2 as regards both legal certainty and reduction of transaction costs, as a result of the introduction of an exception harmonised at EU level. Additional positive impact as this option would remove the legal uncertainty and the grey area as regards the research projects carried out by public organisations with a possible commercial outcome, including in cooperation of these organisations with private partners (PPPs).

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Third edition of USA copyright office compendium – application tips for musical works

A copyright claim in music or lyrics may be registered with the U.S. Copyright Office in the same manner as other works of the performing arts. When submitting an online application, the applicant should select “Work of the Performing Arts” as the Type of Work.

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New law on copyright co-ownership has been proposed in Russia

The new proposed draft law aims to make clear the questions caused by the multiple copyright ownership in IP object. According to current Russian law the execution of exclusive right in IP object is carrying out by more than two right holders jointly. Explanation note states that under the Russian law all right holders must reach common agreement in relation to exploitation of their IP.

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Russian book publishers also want to sign antipiracy memorandum with internet companies

The chief of Russian book union asked the chief of Roskomandzor – the Russian internet watchdog – to assist in signing of antipiracy memorandum between book publishers and internet companies in order to fight piracy more effective. The antipiracy memo, signed between right holders and internet companies, covers only strict circle of right holders and only audio-visual works, the books and other types of copyrighted content are not included in memo.

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SWD IA on EU copyright modernisation – impacts of second option for text and data mining

Mandatory exception covering text and data mining for non-commercial scientific research purposes

Legislative intervention introducing a harmonised exception would increase legal certainty and reduce rights clearance costs. Researchers would be able to mine scientific publications subscribed to by their institution in full legal certainty as long as this is done for non-commercial scientific research. In addition, transaction costs for public interest research organisations could be considerably reduced.

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