Special 301 Recommendation: IIPA recommends that the Russian Federation be retained on the Priority Watch List in 2020.
Priority actions requested in 2020
IIPA, in its written submission in response to USTR’s request for comments, gave main principles for collective management of rights. Actually it seems like recommendation for certain countries, including Russia, how to organize governing of CMO on national level. It would be better not to change anything in this peace of submission. By reading always keep in mind, that collective management in Russia organized rather than submission recommends.
What is the current situation for online transmission and retransmission of television and radio programmes?
Broadcasters are increasingly offering their broadcasts online (for instance through their simulcasting or catch-up services). However, such online programming often remains unavailable in other Member States, even if there is interest abroad to access it. The clearance of rights for such uses can be particularly burdensome: a broadcaster needs to obtain authorisations from various rightholders, for different categories of works and other protected content, and separately for every Member State, where the programme will be available online.
The Russian accredited collecting society (CMO) collecting royalties for copyright in musical works has sued Russian cinema holding, seeking royalties for synchronization right. RAO has proposed cinema holding to conclude agreement for synch right, but the cinema has refused. Therefore RAO has filed suit. In the suit CMO has placed the list of audiovisual works and one author to each relevant AV work.
Russian collective management society this year has sued different cinemas for non-payment of royalties for synchronization right. According to current Russian law the Russian Authors Society has received state accreditation for collecting of royalties for synch right. State accreditation in collective management of rights means the holder of such accreditation can collect royalties in the name of right holders, who even did not provide authority to do it.
A substantial part of the law on copyright in the UK is derived from EU law. There are 11 EU Directives all of which have been implemented by the UK. The purpose of the Directives is to harmonise the copyright frameworks in Member States, by reducing national discrepancies and maintaining a level of protection which encourages creativity and enables consumers from across the EU to access services.
The copyright industries have three intellectual property rights (IPR) priorities in Russia, which if properly addressed, could significantly improve the Russian marketplace for copyrighted works and recordings.
The copyright and related rights obligations of the WTO TRIPS Agreement consist of the substantive copyright law and related rights provisions set out in Articles 9 through 14, as well as the enforcement provisions in Articles 41 through 61.
The producers and syndicators of programming obtain and license to the stations with which they contract all of the copyright and other rights necessary to broadcast the programming (including those for creative inputs such as a script, choreography, acting and directing), with the sole exception of the non-dramatic public performance rights to the copyrighted music therein.
Sony/ATV respectfully submits that the Consent Decrees should clarify, whether by amendment or otherwise, that each copyright owner (i.e., a music publisher) may, in its discretion, designate particular types of users or uses that the owner will authorize ASCAP or BMI (as the case may be) to include in their respective collective licenses, with the copyright owners exclusively reserving the right for themselves to license such rights to all other users or uses. ASCAP and BMI also should be required, on a nondiscriminatory basis, to accept these limited grants of public performance rights from copyright owners.