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Category: Intellectual property

EU public consultation concerning copyright with regard to EU Satellite and Cable Directive – mediation system and obligation to negotiate

First, respondents were asked (de) if they had used the existing negotiation and mediation mechanisms established under the Directive. They were invited to describe their experience. Second, respondents were asked to give their view about a possible extension of these rules to facilitate the cross border availability of online services, and they were invited to suggest any other measure that could facilitate contractual solutions and negotiations in good faith.

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Mandatory collective management regime for different forms of online simultaneous retransmissions in EU

The few consumers who have replied (de) to these questions tend to consider that the extension of the regime to the simultaneous retransmission of TV and radio programmes on platforms other than cable is likely to increase the cross-border accessibility of online services. They also tend to oppose maintaining the different treatment of rights held by broadcasting organisations. Member States/public authorities, but also right holders, CMOs and broadcasters, recall that voluntary collective management, extended collective licensing and individual licensing are all used to clear rights relevant for the different new TV and radio transmission and re-transmission methods and services. In this respect some Member States argue that voluntary approaches lead to legal uncertainty since service providers cannot be sure that they have cleared all the rights or that the distinction between transmission and retransmission is not always clear.

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EU public consultation on Satellite and Cable Directive – evaluation of existing rules applicable to clearance of copyright and related rights for the simultaneous cable retransmission.

First, respondents were asked about the existing rules applicable to clearance of copyright and related rights for the simultaneous cable retransmission. Second, respondents were asked about the impact of a possible extension of the mandatory collective management regime to different forms of online simultaneous retransmissions.

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The economic cost of IPR infringement in the recorded music industry

Infringement of IP rights in the music sector can occur through physical or digital channels (for instance, through the purchase of fake CDs or downloading of illegal content). This sectorial study analyses the effect of piracy on the recorded music industry, independent of the format independently of the infringing good or service. Survey revealed that although citizens recognise the value of IP in principle, they tend to justify their infringements as a consequence of individual circumstances as opposed to the recognition of the principle.

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Reasons for proposal on ensuring the cross-border portability of online content services in the internal market – rights issues

Increasingly, online content services are marketed in a package in which content which is not protected by copyright and/or related rights is not separable from content which is protected by copyright and/or related rights without substantially lessening the value of the service provided to consumers.

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Reasons for proposal on ensuring the cross-border portability of online content services in the internal market – access issues

Access issues of reasons containing in Proposal for a regulation of the European parliament and of the council of Ensuring the cross-border portability of online content services in the internal market.

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EU Satellite and Cable Directive: country of origin principle – the need for the extension to online transmissions

Views are divided (de) as concerns the need of an extension of the country of origin principle to online transmissions. Consumers representatives call for a broad extension of the country of origin principle to cover all online services. In addition, certain argue that introducing this principle with regard to online transmissions would not be sufficient on its own – such an intervention would need to be accompanied by a rule explicitly prohibiting technical or contractual restrictions on “passive sales” across EU borders (restrictions on responding to unsolicited requests from consumers residing in other Member States).

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Report on EU public consultation concerning copyright with regard to EU Satellite and Cable Directive

The public consultation on the review of Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (the “Directive”) was held from 24 August 2015 until 16 November 2015. This review (de) is part of the Digital Single Market Strategy which has as one of its objectives to enhance cross-border access to TV and radio programmes in the European Union.

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USITC’ TPPA likely impact assessment: intellectual property rights

In accordance with section 105(c) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, this report, by the U.S. International Trade Commission (Commission or USITC), assesses the likely effects of the Trans-Pacific Partnership Agreement (TPP, TPP Agreement, or the agreement) on the U.S. economy as a whole and on specific industry sectors.

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