Copyright | Dekuzu

Third edition of USA copyright office compendium – compilations and collective works

Published 12th February 2018

Compilations

The Copyright Act defines a “compilation” as “a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship.”

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European commission launched consultation on future “Counterfeit and Piracy watch-List”

Published 12th February 2018

The aim is to identify the marketplaces outside the EU where counterfeiting, piracy or other forms of intellectual property abuse are common practice.

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Adaptation of photo without substantial similarity

Published 9th February 2018

On a sunny April day in 2007, freelancer Donald Harney snapped a photograph (“the Photo”) of a blond girl in a pink coat riding piggyback on her father’s shoulders as they emerged from a Palm Sunday service in the Beacon Hill section of Boston. Just over a year later, the pair in the Photo became a national media sensation.

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Reforming of copyright in EU and one of the questions concerned: territoriality of copyright

Published 9th February 2018

In the light of coming copyright reforms in EU the draft impact assessment concerns some important copyright issues. One of them is territoriality of copyright.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: establishment of the level of tariffs

Published 8th February 2018

It can take several years to decide whether a given category of devices should be subject to a levy, and if so, what its level should be. Furthermore, the payment may reach rightholders only a long time after a given product is put on the market and the ‘harm’ has occurred.

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RuTracker’s users can participate personally in its expansion

Published 7th February 2018

RuTracker has proposed its users to help web-resource to protect from Roskomnadzor and other Russian watchdogs and any restriction of access. Thanks to amendments to Russian law, it is possible to restrict access even to mirror of web-site, which was blocked in Russia, and sometimes even VPN is powerless to circumvent blocking. RuTracker’s idea is something similar to P2P principle – multiple domains would provide multiple accesses to main web-site.

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SWD IA on EU copyright modernisation – impacts of second option for digital retransmission

Published 6th February 2018

Mandatory collective management of rights to retransmission of TV / radio broadcasts by means of any retransmission services, irrespective of the retransmission technology or network used, as long as they are provided to a defined number of users (subscribers, registered users)

Option 2 would enhance the level of legal certainty for the benefit of a wide range of retransmission services – IPTV, OTT, satellite, DTT, mobile – and can be expected to both (i) contribute to a greater variety of such services and (ii) provide an incentive to the retransmission service providers to expand the range of TV / radio channels offered to their subscribers.

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Third edition of USA copyright office compendium – derivative literary works

Published 5th February 2018

A derivative literary work is a work that is based upon one or more preexisting works, regardless of whether the preexisting work is a literary work, a work of the performing arts, a sound recording, a pictorial, graphic, or sculptural work, or any other type of work.

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Reforming of copyright in EU and one of the questions concerned: two rights for a single transmission

Published 4th February 2018

In the light of coming copyright reforms in EU the draft impact assessment concerns some important copyright issues. One of them is two rights for a single transmission.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: double payments in cross-border sales and the liability to pay levies

Published 4th February 2018

Levies should only be collected once in cross-border transactions, namely in the country of destination. Unfortunately, this is not always the case. Far too often, there are instances of double payments. Most Member States try to mitigate the problem by providing for systems that allow entities that have already paid the levy for a certain product in e.g. Member State A to be reimbursed upon the exportation of that product into Member State B.

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Category: Copyright