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Category: Digital

SWD IA on EU copyright modernisation – impacts of baseline option for use of protected content in digital and cross-border teaching activities

The legal uncertainty faced by educational establishments and teachers in certain MS for digital uses is expected to persist under the baseline option. Only reforms at national level or developments in the licensing market could contribute to reduce it. A certain number of MS (e.g. ES, UK) have recently amended their legislation to clarify that the teaching exception applies to content used in secure electronic environments.

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Russian Senate proposed to guarantee net neutrality in Russia by law

The council on the development of the digital economy has proposed to guarantee the net neutrality by law. Under net neutrality the council understands the principle when internet providers are obliged to provide internet traffic from any web-resource (social network, online cinema etc.) without any limits or priority. Internet providers claim such law could negatively affect their business, including by way of excluding revenues from “tariff maneuvers”.

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SWD IA on EU copyright modernisation – options for use of protected content in digital and cross-border teaching activities

Baseline

No policy intervention. In MS where digital uses are not clearly allowed under the national teaching exception, this option would consist in relying on market developments (e.g. further development of collective licensing schemes, publishers’ digital offers) to offer solutions that allow teachers and students to use protected content in teaching activities supported by digital tools or taking place online. At the same time, certain MS could decide to amend their national exceptions – based on the optional teaching exception in Article 5(3)a of the InfoSoc Directive, which allows digital uses – to clarify the extent to which certain digital uses are covered in their MS.

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Refusal to delete information from internet can entail a real prison term in Russia

The Russian legislator intends to make punishment for ignoring the law, obliging the person to delete certain information from the web-site or web-resource under the court order, harder. There are two proposed laws – one proposes amendments to Russian criminal law and the other proposes amendments to Russian administrative law.

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Estonian’s OPTION B of article 13 for DSM copyright directive

Clarification of communication to the public in the text

Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users have flourished and have become main sources of access to content online. Legal uncertainty exists as to whether such online services engage in copyright relevant acts and need to obtain authorisations from rightholders for the content uploaded by their users who do not hold the relevant rights in the uploaded content. It is therefore necessary to clarify the copyright relevant obligations applicable to online services providing access to copyright protected content uploaded by their users.

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Rules for designation of agent for safe harbor protection

Under the Digital Millennium Copyright Act (‘‘DMCA’’), the U.S. Copyright Office is required to maintain a ‘‘current directory’’ of agents that have been designated by online service providers to receive notifications of claimed infringement. Since the DMCA’s enactment in 1998, online service providers have designated agents with the Copyright Office using the Office’s or their own paper form, and the Office has made scanned copies these filings available to the public by posting them on the Office’s Web site.

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Rationale for European commission’s proposal of a regulation to increase fairness and transparency for online platforms

Online platforms offer access to cross-border consumer markets and have become the go-to interface for millions of businesses, big and small, in sectors ranging from online retailing, professional services and app development, to transport and hospitality.

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Sometimes Russian Roskomnadzor, but not the court, decides whether there is copyright infringement

Russian social network Vkontakte is Russian Facebook. It is very popular. Many people use it every day. This social network allows its users to upload a video and music, share this content. Other users can not only listen or watch music or video, they can also download it thanks to different apps or special web-sites.

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SWD IA on EU copyright modernisation – Use of protected content in digital and cross-border teaching activities

Teachers and students face legal uncertainty when using content in digitally-supported teaching practices, in particular across borders. A huge variety of content (text, images, music, video), often protected by copyright, is used in teaching activities.

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