Copyright | Dekuzu

Liability for right choice of license

Published 5th March 2020

Can the user see the difference between license for personal use and license for public commercial performance? The court in Germany believes yes, the user should know and realize it, because he’s supposed to be professional. The user acquired a license as additional option to internet access and faced lawsuit from right holder for copyright infringement. The user believes he is not guilty. He has a license and he was told that the license he has acquired is enough to show sport events in his restaurant to all guests. The court did not agree.

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Hiring a third party to exercise the licensee’s rights does not convert that third party into an independent licensee

Published 3rd March 2020

The appeal held that defendant Office Depot, Inc., did not become a licensee of a Creative Commons license, and become bound by its terms, or otherwise infringe Great Minds’ copyright by making copies of Eureka Math materials for a profit on behalf of school and school district licensees.

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Private copying levy, big data and little bit more for today

Published 27th February 2020

Business asked the Russian ministry of economic to consider the idea to reduce the rate of private copying levy in Russia. The private copying levy is to be imposed on the equipment capable of copying, but customers bus such equipment lesser and lesser.

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SWD IA on the EU copyright modernization – options for fair remuneration in authors’ and performers’ contracts

Published 19th February 2020

Baseline

No policy intervention. This option would rely on MS or self-regulation by industries at national level to impose transparency obligations on the contractual counterparties, or on industry specific agreements (resulting from collective bargaining for example) and other market developments to improve transparency.

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Third edition of USA copyright office compendium – Uncopyrightable Dances and Dance Steps

Published 18th February 2020

The Office has no authority to register claims to copyright in material that falls outside the scope of federal statutory protection. Individual movements or dance steps by themselves are not copyrightable, such as the basic waltz step, the hustle step, the grapevine, or the second position in classical ballet. Likewise, the U.S. Copyright Office cannot register short dance routines consisting of only a few movements or steps with minor linear or spatial variations, even if the routine is novel or distinctive.

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EU illegal IPTV research – broadcasters’ copyright

Published 6th February 2020

Key Points

Broadcasters’ rights cover on-demand streaming but not necessarily live internet streaming.
Only seven Member States explicitly recognise broadcaster’s rights in live internet streaming: Austria, Czech Republic, Denmark, Finland, Romania, Sweden and the UK.

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First criminal sentence in Russia for illegal online cinema

Published 6th February 2020

The blocking of web-resources doesn’t work effectively in the fight with online piracy in Russia. Actually restriction of access in Russia is possible under the court order in relation to certain address, mostly it is domain name. It is also possible to block mirror web-site, i.e. the site almost identical with blocked one, but with different domain name. But it is also is not as effective as right holders desire. Therefore the measures are going to be rigorous.

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SWD IA on the EU copyright modernization – fair remuneration in contracts of authors and performers

Published 27th December 2019

Authors and performers face a lack of transparency in their contractual relationships as to the exploitation of their works and their performances and as to what remuneration is owed for the exploitation.

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Third edition of USA copyright office compendium – Copyrightable Authorship in Choreographic Works

Published 25th December 2019

The U.S. Copyright Office may register a claim to copyright in a choreographic work, provided that (i) the work is a dance; (ii) the dance constitutes copyrightable subject matter under Section 102(a)(4) of the Copyright Act; (iii) the dance contains a sufficient amount of choreographic authorship; and (iv) the dance was created by a human author for human performers.

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Book publishers to block YouTube and Yandex.Video in Russia and little bit more for today

Published 23rd December 2019

Russian book publishers have not concluded the anti-piracy memorandum with Russian search engine – the so called Russian Google – Yandex. The audio-visual right holders have this memo, book publishers have not received cherished word “agree” from search engine, perhaps therefore they so aggressively defend their rights in online environment and especially make complaints in court towards to Yandex. May be they hint to conclude anti-piracy memo on books?

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Category: Copyright