Not only Russian copyright, broadcast and digital law
Online platforms have dramatically changed the digital economy over the last two decades and bring many benefits in today’s digital society. They play a prominent role in the creation of ‘digital value’ that underpins future economic growth in the EU and consequently are of major importance to the effective functioning of the digital single market.
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US film studios typically license audio-visual content to a single pay-TV broadcaster in each Member State (or combined for a few Member States with a common language).
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Russian governmental decree prescribes to use Russian software at the expense of Russian state budget. If there is Russian analogue of foreign software the state authority must obtain Russian software product. The special register of Russian software lists all software admitted as produced in Russia.
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The CMOs should have the ability alone or in association with other rights administration entities (such as the pre-existing Harry Fox agency) to bundle the performing and the mechanical right for blanket licensing to music users in a transparent manner using common unique works identifiers for the musical compositions to promote transparency and facilitate accurate data matching.
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The Digital Single Market Strategy considers e-commerce as a main driver for growth. However, e-commerce still has a significant untapped potential. Thus, instead of taking full advantage of the opportunities of the Digital Single Market, businesses and consumers are too often constrained to their own domestic markets.
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If company, incorporated outside Russia, sometimes ignores requirements of authorities regardless of their nature what state authorities can do? They have proposed to slow down access to web-sites of such companies in order to hamper access to their web-sites for ordinary people in Russia. Such measure could create better competitive conditions for Russian companies. This idea has been generated during consideration of dispute between Russian Federal Anti-monopoly Service and Google.
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The Consent Decrees are not only outdated, they are obsolete. With new delivery systems for music emerging almost daily, the only possible way to keep pace is in the marketplace. Allowing the marketplace to develop new and innovative music licensing and collection models is the path to establishing true competition.
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Because of the rapid change in technology, the societies have begun to experience complications in regards to its negotiations with “new media” music services, i.e., music performed over the internet and through wireless networks.
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The market for music performance rights is not competitive and the Consent Decrees continue today to serve important pro-competitive purposes. Direct licensing is an important check on performance rights organization (“PRO”) market power under the Consent Decrees, but it cannot replace the Consent Decrees due to the high market concentration of the major music publishers and the lack of competition among them.
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From the perspective of providers of audio-visual television programming, the Consent Decrees continue to serve very important purposes, acting as safeguards to constrain ASCAP’s and BMI’s substantial market leverage, while providing a framework that facilitates licenses for program providers and fair compensation for music creators.
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