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Draft third edition of USA copyright office compendium – the copyrightability of a derivative work

A derivative work may be registered with the U.S. Copyright Office, provided that it constitutes copyrightable subject matter. Derivative works are a subset of the subject matter categories, rather than a separate and distinct category of work. In other words, the new material that the author contributed to the derivative work must fall “within one or more of the categories listed in section 102 of the Copyright Act.”

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SWD Online Platforms – their characteristics

Platforms are generally known as “two-sided” or “multi-sided” markets where users are brought together by a platform operator in order to facilitate an interaction (exchange of information, a commercial transaction, etc.). In the context of digital markets, depending on a platform’s business model, users can be buyers of products or services, sellers, advertisers, software developers, etc.

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Messengers, operating in Russia, can receive more freedom from Russian mobile operators

New draft law, currently considered, provides regulation for messengers like Viber or WhatsApp. In initial draft it was provided that messengers have to identify its users. Identification can be made with help of subscriber’s phone number and under agreement concluded between messenger and mobile operator. Such provision was very advantageous for mobile operators – without them messengers would not have opportunity to work in Russia.

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New draft law proposes to oblige social networks to bear responsibility in Russia for user’s content

Explanatory note to this draft law reveals its main goal – to prevent dissemination of illegal information in social networks. Note also underlines, that European countries also pay attention to regulation for social networks. Therefore, Russian legislators decided to be in trend, like foreign legislators.

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The Intellectual Property (Unjustified Threats) Act 2017 Business Guidance – statutory test

This guidance gives a general overview of the changes, almost all of which are expected to come into effect on 1 October 2017. The Act aims to improve the balance between a rights holder’s ability to protect their IP right while providing adequate protection to persons affected by unjustified threats.

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Draft third edition of USA copyright office compendium – copyrightable authorship

The Copyright Act protects “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” In determining whether a work is copyrightable, the Office analyzes questions such as:

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New order provides criteria to determine whether information is to be blocked in Internet in Russia

This “collective order” has been issued by Russian ministry of internal affairs, Russian Federal Taxation Service, Russian Roskomnadzor and Russian Federal service on protection of customers’ rights. This order is very interesting. It provides criteria under which it is possible to determine whether information is to be forbidden for dissemination in Russian segment of Internet.

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Draft third edition of USA copyright office compendium – short description of registration process

Under the current copyright law, a work of authorship is protected by copyright from the moment it is created, provided that the work is original and has been fixed in a tangible medium of expression. Although registration is not required for a work to be protected by copyright, it does provide several important benefits.

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Russian ministry of culture intends to set up limits for distribution of movies in Russian cinemas

The core idea of new draft law, which is not presented to the public, is condition for distribution of movies in cinemas in Russia – not more than 35% of all film sessions during single day for one film in one cinema. Russian ministry of culture (MinCult) has only launched to develop draft law.

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“Registration” of a copyright occurs when the Register of Copyrights registers the claim

Whether registration occurs when an owner files an application to register the copyright or when the Register of Copyrights registers the copyright? Fourth Estate Public Benefit Corporation filed a suit for infringement against Wall-Street.com and Jerrold Burden. The complaint alleged that Fourth Estate had filed an application to register its allegedly infringed copyrights, but that the Copyright Office had not registered its claims. The district court dismissed the action because Fourth Estate failed to plead compliance with the registration requirement.

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