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Category: Distribution

EU illegal IPTV research – legislative developments

As part of the Digital Single Market strategy, a directive amending the Satellite and Cable Directive has been introduced in 2019. The directive entered into force on 6 June 2019 and must be implemented in Member States’ legislations by 7 June 2021.

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A copyright owner, who permits a licensee to grant sublicenses, cannot bring an infringement suit against a sublicensee

Stephanie Sinclair, a professional photographer, has brought copyright infringement lawsuit against Mashable and its parent company Ziff Davis, alleging infringement of copyright when Mashable posted one of her copyrighted photographs on its website. She maintains publicly- searchable website to showcase her photographs to potential customers and also maintains an account on Instagram. She has posted one of her photograph to her Instagram account viewable by anyone.

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EU illegal IPTV research – The protection of broadcast content

Reproduction right and the exception for temporary acts of reproduction

Linear transmission of TV content involves the reproduction of fragments of broadcast at various stages of the technical process. These fragments are temporarily stored in the decoder or in the RAM memory of the computer, depending on the technical means used to transmit the signal, and are created in the end user’s TV screen while watching the broadcast.

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Liability for right choice of license

Can the user see the difference between license for personal use and license for public commercial performance? The court in Germany believes yes, the user should know and realize it, because he’s supposed to be professional. The user acquired a license as additional option to internet access and faced lawsuit from right holder for copyright infringement. The user believes he is not guilty. He has a license and he was told that the license he has acquired is enough to show sport events in his restaurant to all guests. The court did not agree.

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Hiring a third party to exercise the licensee’s rights does not convert that third party into an independent licensee

The appeal held that defendant Office Depot, Inc., did not become a licensee of a Creative Commons license, and become bound by its terms, or otherwise infringe Great Minds’ copyright by making copies of Eureka Math materials for a profit on behalf of school and school district licensees.

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EU illegal IPTV research – broadcasters’ copyright

Key Points

  • Broadcasters’ rights cover on-demand streaming but not necessarily live internet streaming.
  • Only seven Member States explicitly recognise broadcaster’s rights in live internet streaming: Austria, Czech Republic, Denmark, Finland, Romania, Sweden and the UK.

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It is not good to much advertising in cinema legislators believe and little bit more for today

The new draft law providing limits for advertising is introduced for consideration in Russian state duma. The law aims to reduce the duration of advertising showing before film running. The reason is the advertising can lasts from 15 to 30 minutes. Actually the viewers use this time in order to buy something to make movie viewing more pleasant. The legislators believe the advertising is shown contrary to the will of viewers in violation of Russian law. But the draft law does not provide liability for its violation.

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TV channels can cut off telecom operators from their broadcast

The Russian TV channels are very concerned when their broadcast is available in internet without their permission. The ad revenues, generated by such broadcast, flow to the packets of providers making TV channels’ broadcast available in internet. Besides TV channels don’t always have online rights for certain programming they broadcast. TV channels want control online consuming of their programming, including ad revenue generating by online broadcasting, the ad revenues generated by traditional TV decreasing each year.

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Book publishers to block YouTube and Yandex.Video in Russia and little bit more for today

Russian book publishers have not concluded the anti-piracy memorandum with Russian search engine – the so called Russian Google – Yandex. The audio-visual right holders have this memo, book publishers have not received cherished word “agree” from search engine, perhaps therefore they so aggressively defend their rights in online environment and especially make complaints in court towards to Yandex. May be they hint to conclude anti-piracy memo on books?

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EU research on illegal IPTV

There has been published another research on illegal IPTV consuming. Streaming is most popular way of access and consuming of content. It could be said about audio visual content as well as music. The purpose of research “was to enhance the level of understanding about the ways illegal IPTV is carried out, how the business models around this phenomenon work” and how to handle the problem with illegal IPTV. There is no sense to overwrite the whole study, but the there is some interesting thing attracting attention, like copyright infringing business models.

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