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Category: Distribution

Some facts about regulation on portability of online content services in EU

The aim is to ensure that Europeans who buy or subscribe to films, sports broadcasts, music, e-books and games in their home Member State are able to access this content when they travel or stay temporarily in another EU country. The Regulation comes into force on 1 April 2018 in all EU Member States.

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Overview of the functioning of the Memorandum of Understanding on the sale of counterfeit goods via the internet

While online marketplaces are strong drivers of innovation and growth as they offer new business opportunities, they are also increasingly used as a distribution channel for counterfeit and pirated goods. To prevent the sale of counterfeit goods online, the Commission invited internet platforms, rights owners and associations to sign a Memorandum of Understanding on the Sale of Counterfeit Goods via the internet (‘MoU’).

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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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SWD IA on EU copyright modernisation – problem with access to and availability of EU AV on VOD

A first important difficulty derives from, contractual blockages generally linked to licensing practices based on exclusivity of exploitation rights and on the release windows system. They limit the online availability of AV works on VoD platforms.

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SWD IA on EU copyright modernisation – impacts of second option for digital retransmission

Mandatory collective management of rights to retransmission of TV / radio broadcasts by means of any retransmission services, irrespective of the retransmission technology or network used, as long as they are provided to a defined number of users (subscribers, registered users)

Option 2 would enhance the level of legal certainty for the benefit of a wide range of retransmission services – IPTV, OTT, satellite, DTT, mobile – and can be expected to both (i) contribute to a greater variety of such services and (ii) provide an incentive to the retransmission service providers to expand the range of TV / radio channels offered to their subscribers.

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Russian ministry of culture has new idea how to help Russian cinematography at the expense of Hollywood

It seems Russian ministry of culture (MinCult) knows how to kill two birds with one stone – to bite a Hollywood and to help Russian cinematography. Many stakeholders disliked the idea with 5 mln roubles for permission to show movie in Russian cinema. Therefore MinCult proposed something new – 3% of revenue from ticket sales. This 3% could make “additional 1,5 billion roubles” for funding of Russian movies.

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