Russian Ministry of Culture has proposed its analogue of USA DMCA

Russian Ministry of Culture (MinCult) has proposed amendments to Russian copyright law in order to shut down pirate web-sites very fast and without bureaucracy. According to these amendments, operator of search engine must publish on web-site of search engine its trading name, place and address of residence and email address for communication.

The amendments also provide measures, which operator of search engine must undertake under request of right holder. The right holder has the right to require operator of search engine to exclude from results of search a data on referrers to pages of web-site, where the information is published in violation of copyright law (illegal content) or where information, necessary to obtain illegal content with help of telecommunication networks, is published.

The right holder sends to operator of search engine its requirement in writing or by email. The requirement also can be sent by a person authorized by right holder. The requirement must contain information on right holder, on IP objects, domain name of web-site where illegal content or information how to get it is published, confirmation that the claimant has all copyrights in content, confirmation that the illegal content has been published without right holder’s consent.

If the information, provided by the right holder, is not correct or comprehensive, the operator of search engine within 24 hours, following the receipt of request, has the right to ask claimant to make information more precise. Such right of search engine can be exercised once. The right holder must make information more precisely within 24 hours. Within 24 hours, following the receipt of information, the operator of search engine must exclude URLs of web-site in question from indexing or refuse to do it. The refusal must be justified.

The amendments also provide definition of “anonymous web-site”. It is a web-site where its owner did not publish its contact details, but has published content without right holder’s consent or information how to get it. If right holder finds such web-site he can ask Roskomnadzor to restrict access to such web-site if its owner did not ceased infringing of copyright and if there is a court order prescribing to restrict access to such web-site as preliminary measure.

Roskomandzor within 24 hours must undertake all necessary measure in order to restrict access to web-site in question. After 10 days, following the restriction of access, the owner of anonymous web-site has the right to ask Roskomandzor to deselect restriction of access. Roskomnadzor within 10 working days, following the receipt of request from owner of anonymous web-site, establishes a fact that measures on elimination of copyright infringement have been undertaken and notifies internet service providers to deselect restriction of access.

If the owner of anonymous web-site did not ask Roskomnadzor to deselect restriction of access within defined term or if the violations of law have been not eliminated, the deselecting of restriction is not allowed. After the restriction of access to anonymous web-site Roskomnadzor requires search engine to exclude such web-site from their indexing.