Proposed draft law on protection of Russian national films in internet

Proposed draft law contains amendments to Russian law on “Information, its protection and informational technologies”. The proposed law aims to protect the rights in national films and legal interests of rights holders in internet.

According to explanation note the main sources of revenue for right holder is distribution on big screen in cinemas. When the new movie appears in internet along with its distribution in cinemas the movie industry incurs losses because many people prefer to download an illegal copy of movie for free or at low cost rather than to visit a cinema.

First of all what is national film? The producer of such film must be the citizen of Russia or legal person incorporated in Russia. Most authors of film must be citizens of Russia. The film is produced in Russian language except the cases when the foreign language is an inseparable part of artistic intent. Not more than 30% of film crew can be aliens, who don’t have Russian citizenship. The film does not contain explicit content. Foreign funds do not exceed 50% of all film budget. Russian ministry of culture (MinCult) confirms officially that the film is national.

The draft law provides the special regime of treatment for national films according to explanation note. But at the first look there is nothing special. The right holder has the right to seek for preliminary measures. When the court grants injunction, the right holder notifies Roskomnadzor, which, in its turn, require ISP to restrict access to illegal copy of national film in internet. Search engines also can be required to exclude links to blocked web-sites from indexing and search results. The restriction of access must be made within 24 hours.

The draft law distinguishes two reasons for trouble – illegal content, i.e. national film, in internet and information, referring to such content, i.e. torrent tracker. Even if the web-site does not publish national movies, but publish information “necessary to find it”, the right holder has the right to require restriction of access to such web-site.

But the most interesting thing in this draft law is its logic. “Right holder, in a case of detection in info-telecommunication networks, including internet, of national film… or information, necessary to receive it,… which are distribution without … relevant authority, has the right to require… authority to undertake the measures necessary to restrict access… to informational resource … or information.. under court order…” If the right holder has the court order, then such right holder has already found web-site, where national film is distributed illegally, or information, necessary to receive such film.