Copyright | Dekuzu

Press publications contain mostly literary works but increasingly include other types of works and subject-matter, notably photographs and videos. Due to the large number of authors and rightholders involved in the creation of a press publication, licensing and enforcement of the rights in press publications are often complex and inefficient in the digital environment. Publishers may notably face difficulties when proving that they have been transferred or licensed the rights in such works and other subject-matter for the purposes of concluding licences or enforcing the rights in respect of their press publications.

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SWD IA on EU copyright modernisation – Use of protected content in digital and cross-border teaching activities

Published 16th July 2018

Teachers and students face legal uncertainty when using content in digitally-supported teaching practices, in particular across borders. A huge variety of content (text, images, music, video), often protected by copyright, is used in teaching activities.

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Third edition of USA copyright office compendium – Application Tips for Databases

Published 16th July 2018

A single-file or multi-file database may be registered as a literary work if the predominant form of authorship in the work consists of text. A database may be registered as a work of the visual arts if the predominant form of authorship consists of photographs or other forms of pictorial authorship.

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Estonian’s option A of article 13 for DSM copyright directive

Published 13th July 2018

Self-standing obligation of measures

Over the last years, the functioning of the online content marketplace has gained in complexity. Online services storing and providing access to copyright protected content uploaded by their users have flourished and have become main sources of access to content online. When the content is uploaded by users who do not own the relevant rights in the whole or parts of the content they upload, this situation affects rightholders’ possibilities to determine whether and under which conditions their content is used as well as their possibilities to get an appropriate remuneration for it. It is therefore necessary to provide for certain measures that these service providers should take to protect the content.

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Kitekat v MrCat – EU registered trademark is not protected in Russia

Published 6th July 2018

One company – Mars Incorporated – has registered the trademark for cat food in EU. The production of this company is sold and available in many markets, including Russian market. But this company is not only one trading cat food in Russia. There is also Russian company from Borisoglebsk town. This company also sells cat food in Russia. The ways of these companies in Russian market have crossed thanks to their trademarks.

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SWD IA on EU copyright modernisation – adapting exceptions to digital and cross-border environment

Published 6th July 2018

The EU copyright legal framework harmonises rights of authors and neighbouring rightholders and seeks to harmonise “exceptions and limitations” to these rights, although most of them are optional for the MS to implement. An “exception” to an exclusive right means that a right holder is no longer in a position to authorise or prohibit the use of a work or other protected subject matter: the beneficiary of the exception is already authorised by law to do so.

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Third edition of USA copyright office compendium – Databases

Published 4th July 2018

In the case of an unpublished database, an applicant may register all of the copyrightable material that appeared in the database as of the date that the registration materials are received in the U.S. Copyright Office. In the case of a published database, an applicant may register all of the copyrightable material that was first published on the date specified in the application.

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Sony/ATV music publishing on collective rights management rules review

Published 29th June 2018

Sony/ATV respectfully submits that the Consent Decrees should clarify, whether by amendment or otherwise, that each copyright owner (i.e., a music publisher) may, in its discretion, designate particular types of users or uses that the owner will authorize ASCAP or BMI (as the case may be) to include in their respective collective licenses, with the copyright owners exclusively reserving the right for themselves to license such rights to all other users or uses. ASCAP and BMI also should be required, on a nondiscriminatory basis, to accept these limited grants of public performance rights from copyright owners.

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Commercial purpose of intermediary does not violate Creative Commons licence when it is executed

Published 27th June 2018

Great Minds is a non‐profit organization that designs educational materials. These include a copyrighted curriculum called “Eureka Math” (the “Materials”). Great Minds sells the Materials in book form and also releases them to the public without charge but subject to a “public license” (the “License”), using a template that is made available by a group called Creative Commons. The License allows “any member of the public to download, reproduce, and distribute the Materials pursuant to the terms of the License, which is made available to all on the same terms without the need to negotiate.”

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You can’t copyright a pose, even if it is renowned like in Jumpman logo

Published 25th June 2018

This is a copyright infringement action brought by the photographer Jacobus Rentmeester against Nike. The case involves a famous photograph Rentmeester took in 1984 of Michael Jordan, who at the time was a student at the University of North Carolina. The photo originally appeared in Life magazine as part of a photo essay featuring American athletes who would soon be competing in the 1984 Summer Olympic Games.

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Category: Copyright

Estonian’s Option B of article 11 for DSM copyright directive

SWD IA on EU copyright modernisation – Use of protected content in digital and cross-border teaching activities

Third edition of USA copyright office compendium – Application Tips for Databases

Estonian’s option A of article 13 for DSM copyright directive

Kitekat v MrCat – EU registered trademark is not protected in Russia

SWD IA on EU copyright modernisation – adapting exceptions to digital and cross-border environment

Third edition of USA copyright office compendium – Databases

Sony/ATV music publishing on collective rights management rules review

Commercial purpose of intermediary does not violate Creative Commons licence when it is executed

You can’t copyright a pose, even if it is renowned like in Jumpman logo