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Category: Digital

Retrospective: digital rights – background, systems, assessment

The copyright environment consists of three main aspects: rights (what can be protected by copyright) and exceptions (e.g. copies for private use or for public libraries); enforcement of rights (sanctions for making illegal copies and for trading in circumvention devices); and management of rights (exploiting the rights). In the online world, management of rights may be facilitated by the use of technical systems called digital rights management (DRM) systems. The paper sought to provide policy guidance on the use of technology at an important time.

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SWD Impact assessment on the modernisation of EU copyright rules – options to achieve the objectives (option 3 and discarded options)

Option 3 – Application of country of origin to the clearing of rights for the services covered by Option 2 and for TV and radio-like linear online transmissions (and services ancillary to such transmissions)

This option would cover, in addition to the services covered under Option 2, TV and radio-like linear online transmissions which are not linked to a broadcast but are online only transmissions (webcasting) and services ancillary to the webcast (such as catch-up and previews of the webcasts). The “country of origin” (CoO) rule would apply to such services.

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Estimating displacement rates of copyrighted content in the EU

The extent to which digital consumption of pirated materials displaces legitimate purchases is of fundamental importance for EU copyright policy design. The European Commission has commissioned Ecorys to carry out a study on the relation between online copyright infringement (digital piracy) and sales of copyrighted content. Here is the key findings.

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What interfere USA with enjoyment of IP in Russia according to MPAA

Russia’s customs authorities continue to assess duties on the royalty value of some imported audiovisual materials, rather than solely on the physical value of carrier medium. This is contrary to standard international practice. Such assessments are a form of double taxation, since royalties are also subject to withholding, income, value-added and remittance taxes.

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Mid-Term Review on the implementation of the Digital Single Market Strategy

The Commission has conducted a fact-finding exercise on platform-to-business trading practices. Preliminary results indicate that some online platforms are engaging in trading practices which are to the potential detriment of their professional users, such as the removal (‘delisting’) of products or services without due notice or without any effective possibility to contest the platform’s decision.

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Proposals to Directive on copyright in DSM – communication to the public

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.

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SWD Impact assessment on the modernisation of EU copyright rules – options to achieve the objectives (option 2)

Application of country of origin to the clearing of rights for broadcasters’ online services ancillary to their initial broadcast

Introduce a rule providing that as concerns the licensing of rights for certain online transmissions by broadcasting organisations, the copyright relevant act takes place solely in the MS where the broadcasting organisation is established. As a result, in order to provide certain services in the Union, rights would only need to be cleared for the “country of origin” (CoO) of the broadcasting organisation (and not for the countries of reception).

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Russian Roskomnadzor explained what can be published on “plug-pages”

Under current Russian law the access to certain web-site, web-platform or even single web-page can be restricted if there has been published information, forbidden for dissemination in Russia. It can be a content of different nature. When the access is restricted, the user usually can see only short notification stating that the access is forbidden or restricted under court order or in accordance with decision of relevant Russian authorities.

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The web-sites of organisations non grata in Russia can be blocked without court order

The Russian deputies have proposed to restrict access to web-sites of organisations, which have been avowed unwelcomed in Russia, in other words persona non grata, without court order. Under proposed draft law if the prosecutor or his deputies would identify the web-site of organisation, whose activity in Russia has been admitted unwelcomed, the Russian Roskomnadzor can order to restrict access to such web-site only under requirement of prosecutor or his deputy without court order.

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