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Category: Law

USA copyright office should help Russian cinemas to avoid payment of royalties for synch right

Russian collective management society this year has sued different cinemas for non-payment of royalties for synchronization right. According to current Russian law the Russian Authors Society has received state accreditation for collecting of royalties for synch right. State accreditation in collective management of rights means the holder of such accreditation can collect royalties in the name of right holders, who even did not provide authority to do it.

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The law providing liability for insulting of Russian authorities in internet has been adopted in first reading

The Russian government believes the draft law, providing liability for those who insult Russian authorities in internet, is to be corrected. It was proposed to make wording of some definitions more clearly in order to exclude any opportunity of misinterpretation what as consequence can entail problems in enforcement practice. The general prosecutor and Russian ministry of justice have negatively assessed the current version of draft law.

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Russian patent service deprived 19 companies of the right to use brand under the place of origin

In Russia there is famous natural spring – Essentuki. The Russian mineral water under the brand Essentuki is produced there. Only couple manufacturers can use this brand simply because they have productions in Essentuki. They manufacture bottled water and sell it under the brand “Essentuki”. But it does not mean that other companies don’t want to use the known brand. They also produce water, despite the fact that their manufacturing located far from Essentuki.

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SWD IA on EU copyright modernisation – impacts of baseline and first options for preservation of cultural heritage

Baseline

In the short term, the situation would not substantially change for CHIs. They would enjoy a narrow or larger space for preservation depending on the MS in which they carry out their preservation activities. Except in cases where MS may update their implementation of the current EU exception for ‘specific acts of reproduction’ to exploit its full space for preservation purposes, legal uncertainty and barriers to preservation will persist to varying degrees in the long term too.

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Third edition of USA copyright office compendium – derivative sound recordings

A derivative sound recording is a sound recording that is based on preexisting sounds that have been “rearranged, remixed, or otherwise altered in sequence or quality.” Preexisting sounds may include sounds that have been previously published, previously registered, sounds in the public domain, sounds fixed before February 15, 1972, or sounds that are owned by another party.

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The draft law on internet autonomy has been upheld by its potential main executors

The Russian Ministry of communication and internet watchdog (Roskomnadzor, RKN) have upheld the draft law on autonomy of Russian internet. The draft law would authorize RKN to control the traffic route in Russia. The RKN would have the authority to define the rules for traffic route and communication operator, at their own risk and responsibility, would oblige to comply with such rules. More over RKN should ensure that minimum of Russian internal internet traffic passes through overseas traffic exchange points.

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The law on mass media restrictions is to be amended

The Russian constitutional court decided to amend the law on mass media. The law provides property restriction for foreign citizens and overseas entities. Under the law the person with foreign citizenship (even if the second citizenship is Russian) or legal entity, incorporated outside of Russia or directly/indirectly owned by the overseas entity (more than 20%), can own or control not more than 20% of Russian mass media. Such provision of law restricts the property right in order to “protect national security” claimed legislators.

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Stakeholders negatively assessed the consequences of law on Russian internet autonomy

The stakeholders – mostly the companies who would be main subjects of proposed law – negatively assessed the law on autonomy of Russian internet. According to the assessment the provisions of law don’t coincide with declared aim to ensure the stability of Russian internet and Russian internet resources. The stakeholders believe the provisions of law would cause overloading of operators’ communication networks, network failures and significant increase in costs, including budgetary costs.

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