Press "Enter" to skip to content

Month: May 2016

The economic cost of IPR infringement in the recorded music industry

Infringement of IP rights in the music sector can occur through physical or digital channels (for instance, through the purchase of fake CDs or downloading of illegal content). This sectorial study analyses the effect of piracy on the recorded music industry, independent of the format independently of the infringing good or service. Survey revealed that although citizens recognise the value of IP in principle, they tend to justify their infringements as a consequence of individual circumstances as opposed to the recognition of the principle.

Comments closed

Draft second act amending the Telemedia Act: material content of the draft – requirements to service providers

The Act clarifies that WLAN operators are access providers as defined in § 8 TMG. This does not result in any changes in the existing legal position for service providers which offer access to a communications network in accordance with the TKG (Telekommunikationsgesetz, Telecommunications Act). The obligations on these service providers resulting from the TKG continue to apply. In addition, the principle which has already been developed in case-law is codified that holders of WLAN connections are not to be held liable as interferors if they have fulfilled reasonable obligations in order to prevent rights violations. The Act (de) serves to specify the requirements placed on service providers which provide access to the internet via WLAN, irrespective of whether this is for commercial purposes. If the provisions of the Act are obeyed, it is assumed that the WLAN operator has taken the precautions which are reasonable for them in order to prevent third parties from violating rights. In such cases he will not be held liable as the interferor for omission or removal and can also not be warned to desist. The stipulations mentioned in the Act can generally be fulfilled by WLAN operators. However, this does not exclude operators, in certain cases, from also being able to carry out their obligations through other reasonable means. The Act also cites various situations in which it can be assumed that the host provider will be aware of an unlawful act.

Comments closed

Reasons for proposal on ensuring the cross-border portability of online content services in the internal market – rights issues

Increasingly, online content services are marketed in a package in which content which is not protected by copyright and/or related rights is not separable from content which is protected by copyright and/or related rights without substantially lessening the value of the service provided to consumers.

Comments closed

Reasons for proposal on ensuring the cross-border portability of online content services in the internal market – access issues

Access issues of reasons containing in Proposal for a regulation of the European parliament and of the council of Ensuring the cross-border portability of online content services in the internal market.

Comments closed

EU Satellite and Cable Directive: country of origin principle – the need for the extension to online transmissions

Views are divided (de) as concerns the need of an extension of the country of origin principle to online transmissions. Consumers representatives call for a broad extension of the country of origin principle to cover all online services. In addition, certain argue that introducing this principle with regard to online transmissions would not be sufficient on its own – such an intervention would need to be accompanied by a rule explicitly prohibiting technical or contractual restrictions on “passive sales” across EU borders (restrictions on responding to unsolicited requests from consumers residing in other Member States).

Comments closed

USTRO TPPA likely impact assessment: copyright protections and internet service providers

U.S. International Trade Commission (Commission or USITC), assesses the likely effects of the Trans-Pacific Partnership Agreement (TPP, TPP Agreement, or the agreement) on the copyright protection and on the internet services providers.

Comments closed

Report on EU public consultation concerning copyright with regard to EU Satellite and Cable Directive

The public consultation on the review of Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (the “Directive”) was held from 24 August 2015 until 16 November 2015. This review (de) is part of the Digital Single Market Strategy which has as one of its objectives to enhance cross-border access to TV and radio programmes in the European Union.

Comments closed

USITC’ TPPA likely impact assessment: intellectual property rights

In accordance with section 105(c) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, this report, by the U.S. International Trade Commission (Commission or USITC), assesses the likely effects of the Trans-Pacific Partnership Agreement (TPP, TPP Agreement, or the agreement) on the U.S. economy as a whole and on specific industry sectors.

Comments closed

Russian ministry of culture has new idea how to support development of domestic cinematography

Russian ministry of culture (MinCult) believes it would be very helpful for domestic cinematography if companies, making money on movies demonstration, would pay certain amount from their revenues in order to support Russian cinematography.

Comments closed

German Klimenko, Russian president’s councilor on internet, about copyright, permanent blocking and torrent trackers

Russian president’s advisor gave interview to Russian newspaper Gazeta.ru, he personally explained what he kept in mind when stated certain things about copyright, torrents, permanent web-site blockings, Google, competition and Russian economy.

Comments closed