Not only Russian copyright, broadcast and digital law
SOCAN is Canada’s music performing rights society. Pursuant to the applicable provisions of the Canadian Copyright Act (the “Acf’), SOCAN carries on the business, on a not-for-profit basis, of granting licences for the public performance and communication to the public by telecommunication of musical works in Canada.
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On 6 May 2015, the European Commission decided on the basis of European Union competition rules to launch a sector inquiry into the electronic commerce of consumer goods and digital content in the EU (“sector inquiry”) as part of its Digital Single Market strategy (1,2,3) adopted on the same day.
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Lee Jason Kibler, a disc jockey, brought federal trademark infringement, related state law, and federal trademark dilution claims against Robert Bryson Hall, II, a rapper, and professional entities supporting Hall’s work.
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Counterfeits are an evil, as believes Russian Prime Minister Dmitry Medvedev. He has signed new strategy to fight with this evil, which decreases tax and revenue and causes danger and insecurity for health and life of Russians. “Counterfeits interfere with creation civilised marketplace. It is impossible to measure precisely the scale of this disaster because illegal turnover is in gray economy. But according to different assessments in some fields of industries the scale of counterfeits can be up to 50%” – said Medvedev at governmental meeting.
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Content generated by consumers should be treated on the same basis as any other digital content that the consumer provides or stores throughout the period of duration of the contract such as music and video files, pictures, games or applications.
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In order to meet the expectations of consumers and ensure a clear-cut and simple legal framework for suppliers of digital content offered on a durable medium, in relation to conformity requirements and remedies available to consumers for non-conformity, this Directive should apply to goods such as DVDs and CDs, incorporating digital content in such a way that the goods function only as a carrier of the digital content.
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Article 2 contains a list of definitions for terms used in the Directive. For example, the definition of digital content is deliberately broad and encompasses all types of digital content, including for example, downloaded or web streamed movies, cloud storage, social media or visual modelling files for 3D printing.
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The existing and upcoming fragmentation creates obstacles for businesses to sell cross-border because they have to incur contract law-related costs. Businesses are also uncertain about their rights and obligations. This has a direct effect on the establishment and functioning of the internal market and negatively affects competition.
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“First channel”, one of the major channel in Russia, has accused Russian mobile operators (Russian mobile services (MTS), Megafon and Vimpelcom (Beeline)) of illegal distribution of its content in internet. Such “distribution” causes a loss in advertisement revenues for First channel. But mobile operators from the “Grand Three” believe they don’t infringe First Channel’s copyright – everything is in accordance with law.
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This Directive covers rules applicable to the online and other distance sales of goods only in relation to key contract elements needed to overcome contract-law related barriers in the Digital Single Market.
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