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Category: Copyright

Retrospective: The Supreme Court of England: first injunction against service provider

The six well-know studios (Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment INC., Paramount Pictures Corporation, Disney Enterprises, INC., Columbia Pictures Industries, INC.) sued Newzbin Limited for infringement of copyright arising from the operation of a website called Newzbin on a world wide internet discussion system called Usenet.

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Sometimes only Russian president can be the last authority in copyright disputes in Russia

One Russian famous writer, the author of Prostokvashino, Eduard Uspensky has published an open letter to Russian president. The letter is some kind of “the cry of writer’s soul” because his copyright is not respected from his point of view. Actually the letter titles “I don’t have the right to receive remuneration for t-shirt with Cheburashka (books character)”. The reason of this letter is production of new series of Prostokvashino by Russian Souzmultfilm, but without participation of Uspensky.

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Guidance on IPRED Directive – calculating damages

Member States are required to enable the competent judicial authorities to order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity to pay the rightholder damages appropriate to the actual prejudice suffered by him as a result of the infringement. Where the infringer acted not knowingly, or without reasonable grounds to know, Member States have the possibility to enable the judicial authorities to order the recovery of profits or the payment of damages, which may be pre-established.

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of first option

Option 1 could facilitate the clearance of rights and reduce transaction costs for cross-border online transmissions only on the basis of voluntary agreements concluded between rightholders, CMOs and broadcasters. The effectiveness of such agreements would depend on the sectors’ willingness to license rights collectively (which may be limited in the case of AV works).

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Russia is almost ready to create a single regulator for collective management of copyright

First vice-premier Igor Shuvalov hosted a meeting dedicated to regulation in the field of intellectual property. The stakeholders of copyright market are almost ready to agree to create a single regulator for collective management of rights, but there is no common consent as regards to who will be supervising such regulator.

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A balanced IP enforcement system responding to today’s societal challenges

Efficient, well-designed and balanced intellectual property (IP) systems are a key lever to promote investment in innovation and growth. Intellectual Property Rights (IPRs) are one of the principal means through which companies, creators and inventors generate returns on their investment in knowledge and creation.

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Guidance on certain aspects of Directive 2004/48/EC on the enforcement of intellectual property rights

Intellectual property rights (‘IPR’) protect intangible assets, allowing creators, inventors and artists to profit from their creative and innovative activities. Intangible assets account for more than half the value of companies, and their importance is growing. In a world where EU companies are increasingly competing on innovation, creativity and quality, intellectual property (‘IP’) is a powerful tool for growing the competitiveness of all companies, including small- and medium-sized enterprises (‘SMEs’).

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of baseline option

Under the baseline scenario, broadcasters would continue facing high transaction costs linked to licensing of rights for cross-border online transmissions, including for their own programmes. Existing voluntary initiatives aimed at promoting the aggregation of rights and the granting of multi-territorial licences could nevertheless contribute to facilitating the clearance of rights for musical works and phonograms used in in radio and TV broadcasts.

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