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Category: Intellectual property

Third edition of USA copyright office compendium – fixation of choreographic works

The U.S. Copyright Office may register a claim to copyright in a choreographic work, provided that the specific movements constituting the work have been fixed in a tangible medium of expression. As a general rule (draft), the work should be fixed in a visually perceptible form, because choreography involves the physical movements of a dancer’s body which are visually perceived.

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New EU study shows decreasing illegal content consumption

This study follows the first edition of the Intellectual Property and Youth Scoreboard (2016). The specific aim of the research is to understand which drivers and barriers are the strongest when acquiring online digital content or purchasing physical goods that are offered legally and illegally. The 2019 study is based on repeating the same online survey of 2016 among young people (aged 15-24) in the 28 EU Member States (EU28), to highlight the similarities and differences between then and now.

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Russian ministry of education proposed to deprive patents for drugs intended for export

Russian ministry of education has proposed mandatory licensing for patents but in its original way. The patent can be deprived if the drug, produced under this patent, is intended to be exported. In order to implement it the relevant amendments to the Russian IP code are to be adopted. Under proposed amendments the rights of patent holder can be restricted, but the ministry believes its amendments are in accordance with relevant international law and would implement it.

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SWD IA on the EU copyright modernization – impacts of second option for press publishers

Introduction in EU law of a related right covering digital uses of press publications

Under this option, press publishers would still need to acquire authors’ authorisation to publish their contributions in a newspaper or a magazine, as they do today. Therefore, the relationship authors-publishers would remain untouched. In contrast, this option would provide these publishers with a substantial added value when it comes to licensing out their publications for online uses by third parties, something that is increasingly important for them in the digital environment.

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Third edition of USA copyright office compendium – choreographic works

The Copyright Act recognizes choreography as a distinct category of copyrightable authorship. The statute does not define the term “choreographic works.” However, the legislative history states that this term has a “fairly settled meaning.” The word “choreography” is derived from the Greek words “choreia,” meaning “dance,” and “graphikos,” meaning “to write.” A dance is the “static and kinetic succession of bodily movement in certain rhythmic and spatial relationships.”

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First time the Russian court has seized intellectual property

The Russian district court has seized the object of intellectual property almost first time in Russian legal history within the frames of criminal case. The investigators from Russian Federal Security service have filed motion to size property, including software developed by the indicted person. The investigators believe if the seizure of property can be applied in the case, the software is to be also arrested.

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Copyright in technical report

Can technical report be protected by copyright? For example the Russian courts believe it can be. But unlike the USA or UK copyright law system for the Russian copyright system it was important the presence of creativity rather then originality. So, under the Russian copyright law it was necessary for the subject matter to be created with creativity, the originality was not so important for protection by copyright.

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Whether the work is made for hire if the letter agreement was executed after creation?

Over the course of 55 years, Stanley Kauffmann, who was never employed by TNR, contributed numerous film reviews and other articles to The New Republic magazine. During that time, Kauffmann and TNR took some actions consistent with an understanding that Kauffmann was the author of, and owned the copyrights in, his articles. For example, Kauffmann granted many third‐party licenses to republish his TNR articles without objection from TNR.

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IP court: making available is different from public performance

The Russian television channel (The First Channel) produces a television program famous in Russia. The program is called “What? Where? When?” where the experts answers the questions asked by the viewers. The program consists of certain amount of rounds. Between these rounds there is musical pause. In one episode of this program, during musical pause, the group of musicians has performed the song. The programs has been broadcasted and then uploaded to the web-site of the channel.

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Directive on television and radio programmes

What is the current situation for online transmission and retransmission of television and radio programmes?

Broadcasters are increasingly offering their broadcasts online (for instance through their simulcasting or catch-up services). However, such online programming often remains unavailable in other Member States, even if there is interest abroad to access it. The clearance of rights for such uses can be particularly burdensome: a broadcaster needs to obtain authorisations from various rightholders, for different categories of works and other protected content, and separately for every Member State, where the programme will be available online.

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