Not only Russian copyright, broadcast and digital law
The author of a musical work (including any lyrics) is the creator of the music (and/or lyrics), not the person who merely transcribes the work. Transcribing or fixing a musical work in and of itself does not constitute authorship. Creating a recording of a musical work is not a form of musical work authorship in and of itself, although it may be a form of sound recording authorship if it contains sufficient creativity to constitute a copyrightable sound recording.
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But they make efforts only in relation to Russian search engine and internet company Yandex. Google and other search engines are out of their interest. There are also search engines of Mail.ru and Rambler company. The association, representing the copyright interests of Russian major book publishers, has filed lawsuit against Yandex seeking to clear the search indexing from links to pirate web-sites.
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The producers and syndicators of programming obtain and license to the stations with which they contract all of the copyright and other rights necessary to broadcast the programming (including those for creative inputs such as a script, choreography, acting and directing), with the sole exception of the non-dramatic public performance rights to the copyrighted music therein.
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Russian major internet companies Yandex, Mail.ru, Rambler and RuTube together with Russian major audio-visual right holders Gazprom Media, National Media Group, First Channel, VGTRK, STS Media, association Internet Video and Association of movie and television producers have signed anti-piracy memorandum. This memorandum has been signed at the meeting hosted by Russian internet watchdog Roskomandzor.
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Fostering industry self-regulation initiatives without changes to EU legal framework
Public interest research organisations could potentially benefit from more legal certainty as a result of a convergent industry approach to TDM fostered by the Commission through structured stakeholder dialogues. This could also limit to some extent the right-clearance costs. However, the effectiveness of this option is largely dependent on the willingness of the different parties to reach mutually satisfactory solutions.
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A musical work and a sound recording of that work are separate works. For example, the song “America the Beautiful” and a recording of Whitney Houston singing “America the Beautiful” are two distinct works. The song itself (i.e., the music and lyrics) is a “musical work.” An audio recording of that song performed by a particular artist is a “sound recording.”
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At the meeting with right holders, internet companies, state authorities, like Roskomnadzor, and other stakeholders, Yandex agreed to sign anti-piracy memorandum, but under condition – this memorandum is to be signed by Mail.ru. This memorandum provides creation of new entity – Association of internet services, which would be responsible for creation, development and maintaining of “piracy register” (register of web-sites with illegal content).
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Russian association on protection of copyright in internet (AZAPI) asked Russian internet watchdog – Roskomnadzor – to penalise Russian search engine Yandex because the last still indexes URLs to web-sites, blocked in 2016 – librusec and Rutracker. This is first time when the representatives of right holders apply the new law entered into force in September. The law provides fine up to 700 thousands Roubles if the subject of regulation fails to comply with law.
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Russian Ministry of Culture (MinCult) believes the current Russian law, providing restriction of access to pirate web-sites or illegal content in online environment, is outdated for today realities. Now it is not enough just bring the lawsuit against copyright infringers and seeking restriction of access, it is more simple and faster to block web-site without court order. MinCult believes it is better to restrict access without participation of court order – just at the request of right holder.
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The purpose and aim of memorandum, proposed and lobbied by right holders, is restriction of access to illegal content in internet within the Russian territory without court order in order to reduce time scale and expenditures. But Yandex turned all things upside down and according to right holders the entire initiative and work on this memorandum senseless.
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