Not only Russian copyright, broadcast and digital law
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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The Apple and Google owns and control very popular and useful applications in Russia. Apple’s or Google’s software is installed almost on each second device in Russian internal market. Could you image if Apple’s or Google’s software would be outlawed in Russia? The new law entails such consequence. So would Apple and Google consider to stay in Russian market or abide the new law? The answer is “it’s complicated”.
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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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Russian state duma has adopted the draft law on mandatory pre-sale installation of Russian software on gadgets in the second reading. If this draft law enters into force in Russia the Apple and Google would be obliged to work with Russian software developers, because their smartphones (cells) should contain the Russian applications in oder to be sold in Russian internal market. Whether Apple or Google consider option to agree with new “idea” provided in draft law or to leave Russian market?
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Not so long time ago the Russian internet watchdog Roskomnadzor has claryfied that the hyperlink to web-site or web-page, containing informatino forbidden for dissemination in Russia, is also dissemination of information in violation of Russian law. In other words if you place hyperlink to web-site, regardles of its updating with content, you are liable for information on such web-site, even if the operator or owner of such web-site updated such information you have hyperlinked to.
Comments closedThe Russian ministry of communication believes the draft law, recently proposed and introduced to Russian state duma and providing blocking of electronic mail’ and messengers’ users are technically non-feasible. If the service would refuse to block user, it could face penalty up to 1 mln roubles. The ministry dislikes this draft law because it also contradicts to the principle of net neutrality. If the messengers and operators of electronic mail would be force to see and read their users’ correspondence they could migrate to VPN and foreign communication services like Gmail, Yahoo and others.
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On other words if the access to certain web-site or online service is restricted in Russia wether under Russian law, court order or prosecutor’s requirement, you would not violate the law by visiting such service. The purpose of blocking is restriction of access, but such restriction should be justified. By why to block certain web-site or service? One of the reasons could be the violation of law. But if the service or web-site is blocked does it mean its availability is forbidden in Russia?
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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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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.”
Comments closedCan 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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