Day: 27 June 2015

Concept of “fair compensation” (de)

It may be inferred from the drafting history of Directive 2001/29 that the concept of ‘fair compensation’ in Article 5(2)(b) was intended to be a ‘new concept’, which, in the absence of a legal definition in the Commission proposal, required the Council to lay down guidelines on its application. Those guidelines may now be found in recital 35 in the preamble to the directive. It follows that the intention of the Community legislature was to introduce a new concept at Community level, without it being linked with pre-existing concepts in international copyright law or that of the Member States. This differentiates this concept somewhat from the concept of ‘equitable remuneration’ used in Article 5 and Article 8(2) of Directive 2006/115, which originated from international copyright law and was adopted verbatim in the Community legal system.

Administration of Russian president does not support idea of Russian internet tax; it will be not implemented as reported RBC. Kremlin’s position is that the internet tax is without prospects. Conception of global license was declined; decision to do it has been already made in writing as internal document.