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Category: Digital

Estonian’s option A of article 13 for DSM copyright directive

Published 13th July 2018

Self-standing obligation of measures

Over the last years, the functioning of the online content marketplace has gained in complexity. Online services storing and providing access to copyright protected content uploaded by their users have flourished and have become main sources of access to content online. When the content is uploaded by users who do not own the relevant rights in the whole or parts of the content they upload, this situation affects rightholders’ possibilities to determine whether and under which conditions their content is used as well as their possibilities to get an appropriate remuneration for it. It is therefore necessary to provide for certain measures that these service providers should take to protect the content.

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SWD IA on EU copyright modernisation – adapting exceptions to digital and cross-border environment

Published 6th July 2018

The EU copyright legal framework harmonises rights of authors and neighbouring rightholders and seeks to harmonise “exceptions and limitations” to these rights, although most of them are optional for the MS to implement. An “exception” to an exclusive right means that a right holder is no longer in a position to authorise or prohibit the use of a work or other protected subject matter: the beneficiary of the exception is already authorised by law to do so.

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SWD IA on EU copyright modernisation – impacts of second option for out-of-commerce works in the collections of cultural heritage institutions

Published 21st June 2018

EU legislative intervention (i) requiring MS to put in place legal mechanisms to facilitate collective licensing agreements for all types of OoC works and to foster national stakeholder frameworks, and (ii) giving cross-border effect to such legal mechanisms.

Under Option 2, the presence of legal frameworks everywhere in the EU that allow for licences issued by CMOs to also cover the rights of outsiders would give CHIs the possibility to see their related transaction costs diminish considerably everywhere in the EU for the digitisation and dissemination of works. This would apply to all types of works. Under this option, it would be possible for the CHI to reduce that cost to the one of negotiating a single licence with a CMO. Licences concluded on the basis of such legal frameworks could have cross-border effect for all works too.

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Right holders asked “Russian Google” Yandex to de-index links to pirate web-sites

Published 15th June 2018

Producers and distributors of content have called Yandex CEO Arkady Volozh to de-index URLs of web-sites with illegal content, in other words they asked him not to search such web-sites in internet. They have sent him a collective letter signed by representatives from music industry, internet industry, from association of movie and TV producers and media-communication union.

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Strengthening the Press Through Copyright – lack of legal protection

Published 8th June 2018

The briefing note by committee of legal affairs demonstrates that the new, related right for press publishers provided in Article 11 of the ‘Proposed DSM Directive’ is required to address pressing market failures in the area of the online press. The note also outlines why the proposed Article 11 is proportionate and the criticism raised against it by various stakeholders is not compelling.

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Restricting the monopoly of IP rights as antitrust measure in Russia

Published 4th June 2018

Russian Federal Antitrust Services (FAS) develops fifth packet of amendments to Russian law on protection of competition. The reason of proposed amendments, according to FAS, is inability to apply current law standards to digital markets. The updated regulation should also cover internet and digital platforms or companies. This so called “fifth packet” includes amendments to Russian IP law.

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Andrey Krichevsky, CEO of Russian accredited CMO, about collective management in Russia

Published 30th May 2018

Andrey Krichevsky gave to Russian media house “Kommersant” interview. During the conversation with journalist he explained his position and vision of collective management in Russia, his experience and perspectives in development of music business in generally. Below are his main thoughts, and, believe, they have been translated very correctly.

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EU commission’s recommendation on measures to effectively tackle illegal content online

Published 28th May 2018

The presence of illegal content online has serious negative consequences for users, for other affected citizens and companies and for society at large. In the light of their central role and the technological means and capabilities associated with the services that they provide, online service providers have particular societal responsibilities to help tackle illegal content disseminated through the use of their services.

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Strengthening the Press Through Copyright – why a publisher’s right is required

Published 25th May 2018

The briefing note by committee of legal affairs demonstrates that the new, related right for press publishers provided in Article 11 of the ‘Proposed DSM Directive’ is required to address pressing market failures in the area of the online press. The note also outlines why the proposed Article 11 is proportionate and the criticism raised against it by various stakeholders is not compelling.

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