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Category: Enforcement

SWD IA on the EU copyright modernization – impacts of baseline and first options for press publishers

Baseline option

Without intervention at EU level, legal uncertainty in this sector is expected to increase and publishers’ bargaining position would further weaken. The loss of print revenues is not expected to be compensated by the increase of online revenues. Online revenue streams feature smaller margins, as the competition for digital advertisement revenues is tough and free-access press items are widely available. Moreover, access to news through smartphones is increasing every year. As advertising revenues linked to access through smartphones are lower than through computers, this evolution of news consumption would make overall revenues decrease.

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Commission fined Nike €12.5 million for restricting cross-border sales of merchandising products

This spring the European Commission has fined Nike €12.5 million for banning traders from selling licensed merchandise to other countries within the EEA. This restriction concerned merchandising products of some of Europe’s best-known football clubs and federations, for which Nike held the licence.

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Commission fined Google €1.49 billion for abusive practices in online advertising

The European Commission has fined Google €1.49 billion for breaching EU antitrust rules this spring. Google has abused its market dominance by imposing a number of restrictive clauses in contracts with third-party websites which prevented Google’s rivals from placing their search adverts on these websites.

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Russian Facebook Vkontakte deploys anti-piracy filter

Russian social network Vkontakte has signed ant-piracy memorandum with book publishers and online stores. The aim of memo is similar to audio-visual memo signed by the Yandex & IT companies with audio-visual right holders (mostly Russian media companies making content for Russian TV). The memo supposed to anti-piracy checking of book content before the downloading.

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Commission fines Sanrio €6.2 million for restricting cross-border sales of merchandising products featuring Hello Kitty characters

The European Commission has fined Sanrio €6.2 million for banning traders from selling licensed merchandise to other countries within the EEA. This restriction concerned products featuring Hello Kitty or other characters owned by Sanrio.

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Camcording can be punishable in Russia

The Russian ministry of culture (MinCult) has drafted the law providing amendments to the Russian administrative code. These amendments made camcording punishable and provide liability therefore. The aim of the draft law is to eliminate the main resource of piracy – the camcording. Many believe the pirates get movie releases only from cinemas because very often the right holders find in internet the leaked movies of cam quality.

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Russian enforcement authorities explained what is insulting of authority

The Russian ministry of internal affairs (MIA) has drafted special paper, some king of clear explanation, describing what is insulting of state authority bodies or institutions. But the most important thing is that this paper or, if more officially, methodical recommendations, are not of obligatory nature. In other words recommendations only “recommend” and authorities can apply the new law on punishment for insulting of authorities at their own discretion.

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Roskomnadzor’s reciprocal mass media regulation in Russia

Russian internet watchdog Roskomnadzor (RKN) has decided to transpose the British approach to mass media regulation into Russia. Such decision has been made on reciprocal principle. The new supposed regulation is to be applied only to foreign mass media; the Russian mass media should be regulated as usual. UK regulator Ofcom has imposed on Russia Today because it believes RT has violated the principle of objectivity.

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First challenging of theatrical distribution of movies in constitutional court

Russian movie theatrical distributor has filed complaint to Russian constitutional court in order to challenge the rules for theatrical distribution. The distributor believes these rules are of censorship nature. The complaint states on violation of freedom and rights by the actions of Russian ministry of culture (MinCult). MinCult has the rights to shift release dates almost of any film in Russia or repeal the permission for theatrical distribution at all.

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It was proposed to define what “internet crime” is

The Russian commissioner for human rights – Tatyana Moskalkova – has proposed to define in law what the internet crime is. She believes new definition would help people to avoid prosecution for repost and sharing in social networks. The relevant committee in the Russian Council Federation believes such proposal deserves attention and should be considered.

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