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Category: Intellectual property

SWD IA on EU copyright modernisation – impacts of first option for text and data mining

Published 25th October 2018

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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Third edition of USA copyright office compendium – musical work registration issues

Published 24th October 2018

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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Yandex agreed to de-index URLs to illegal content without court order

Published 22nd October 2018

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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Yandex has been struck by right holders again, but from other side

Published 22nd October 2018

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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How Russian Ministry of Culture proposes to fight piracy?

Published 19th October 2018

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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Yandex did not reach agreement with right holders on “anti-piracy” memorandum

Published 16th October 2018

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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“Perchville” is a distinctive term eligible for protection under the Lanham Act

Published 15th October 2018

Every winter for the last sixty years or so, Tawas, Michigan has become the home of the “Perchville” festival, replete with a polar bear swim and a fishing contest. The Tawas Area Chamber of Commerce organizes the annual February event and has registered the name Perchville as a trademark. A local company – the AuSable River Trading Post – wants to make Perchville-branded tee-shirts, and sued the Chamber to invalidate its mark.

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The owner of “pirated” librusec is not guilty “pirate”, the prosecutor’s office says

Published 12th October 2018

The prosecutor’s office has waived to proceed the criminal case in relation to owner of online library “Librusec”. “Librusec” is known as online library of literary works. On this resource different literary works have been published and available for downloading for certain payment. Uploading of works on this web-site was not authorized by right holders, at least in relation to works of major publishing houses.

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SWD IA on EU copyright modernisation – impacts of baseline option for text and data mining

Published 11th October 2018

Problems faced by public interest research organisations are likely to remain largely unsolved under this option. Publishers’ market driven initiatives aiming at facilitating mining for non-commercial purposes on the basis of licences will continue to be developed. Over time more publishers are likely to include TDM clauses in their subscriptions or provide open access solutions. This would improve legal certainty for researchers to some extent.

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