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Category: Audio-visual

The paradox of Russian law system – the law is in force but impossible to be implemented

One famous Russian writer once has said: the rigor of the Russian law is diminished by their disregard. It should be added at the end “at all levels”. In 2017 in Russia it has been adopted a law on online video services. It is very rigorous. For example, if Netflix would like to operate in Russia it has to receive governmental approval. But the situation is not simple for Russian legal system and very lucky for Netflix, YouTube and similar services.

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Russian TV channels asked the court to block Yandex for copyright infringement

Russian TV channels, belonging to major Russian media holding Gazprom Media, have applied to Moscow court for preliminary measures in relation to Russian search engine Yandex for copyright infringement. The court sided with applicants and notified Russian internet watchdog Roskomnadzor thereof.

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Major Russian media companies have taken off their online broadcasting from main Yandex’s main page

A few major Russian media companies – Gazprom Media, National Media Group and The First Channel – have taken off their online broadcastings from main page of Russian search engine Yandex’s due to piracy accusations. Media companies not alone in their concerns. Not so long time ago right holders in entertainment content have accused Yandex of piracy.

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Spanski v Telewizja Polska: domestic copyright infringement from abroad

When the owner of a foreign website, acting abroad, uploads video content in which another party holds exclusive United States public performance rights under the Copyright Act and then directs the uploaded content to United States viewers upon their request, does it commit an infringing “performance” under the Act? If so, is it protected from liability by the principle – unquestioned here – that the Act has no extraterritorial application?

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SWD IA on EU copyright modernisation – Impacts of option 2 on availability of EU AV on VOD

Stakeholders’ dialogue (Option 1) + Obligation for Member States to establish a negotiation mechanism to overcome obstacles to the availability of audiovisual works on VoD

The negotiation mechanism would exclusively address copyright-related issues and would complement measures provided for in the AVMS Directive review for the promotion of European works. The negotiation mechanism would address individual cases of lack of availability and complements the general approach pursued by the stakeholder dialogue.

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SWD IA on EU copyright modernisation – Impacts of first option on availability of EU AV on VOD

Stakeholders’ dialogue focusing on licensing issues and aiming at improving the proportion of EU audiovisual works available on VoD platforms

Having a platform to meet and discuss licensing issues preventing availability of EU AV works on VoD platforms (e.g. exclusivity issues; release windows), at European level, could contribute to reach agreements (self-regulatory measures) for a more sustained exploitation of EU works, which would benefit all stakeholders involved. However, chances of reaching concrete agreements would depend on the willingness of the stakeholders to engage in constructive discussions and to take commitments.

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Amendments to regulation on geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment

In many cases, divergent legal environments, the legal uncertainty involved and the associated risks as regards the applicable consumer protection and environmental or labelling laws, taxation and fiscal issues, delivery costs or language requirements contribute to the traders’ unwillingness to engage in commercial relations with consumers from other Member States. In other cases some traders are fragmenting the market in order to increase consumer prices.

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SWD IA on EU copyright modernisation – Impacts of baseline on availability of EU AV on VOD

The limited availability of EU AV works on VoD platforms is expected to persist under the baseline option. The maturity of the VoD market in terms of revenues has not been reached yet. In the absence of any intervention at EU level, contractual blockages are likely to persist. In many cases, the licensing process for EU AV works would remain burdensome.

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SWD IA on EU copyright modernisation –options for problem with availability of EU AV on VOD

Baseline

No policy intervention. This option would rely on the natural evolution (естественной эволюции) of the VoD market. As VoD will become an increasingly important way to access AV works in the coming years, it is likely to gain in financial attractiveness for rightholders.

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