Internet | Dekuzu

Jean-Marie Cavada’s amendments to Pavel Svoboda’s draft report on EU Action Plan to enforce IP Rights

Published 5th July 2016

The EU faces a high number of intellectual property rights infringements, and the volume and financial value of these infringements are alarming, as reported by the Commission in its report on the application of the Directive on the enforcement of intellectual property rights (COM(2010)0779); these figures also illustrate the added value which IPR represent for the European economy in global competition. Law enforcement is essential, and whereas Member States must adopt measures to enforce IPR effectively.

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The new law about news aggregators is adopted is Russia

Published 4th July 2016

The Russian president has signed the law amending federal Russian law about information, its dissemination and informational technologies and Russian administrative code. Now the owners of software, web-sites and/or page of web-site in Internet, exploited for purposes of processing and dissemination of information must be beware of more strict conditions in Russian state.

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Comments of Dr. Adam B. Jaffe on collective rights management – second part

Published 4th July 2016

The underlying source of the PROs’ and publishers unhappiness with the current performance royalty landscape seems to be that musical works performance royalties for non-interactive digital music services are much lower than the sound recording royalty rates for the same licensees. It is important to note in this context that this disparity results from an explicit decision by the CRB that sound recording performance royalties should not be tied to music composition performance royalties.

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Ministers from different EU countries have written the letter to Andrus Ansip concerning online platforms

Published 14th June 2016

The development of new digital technologies, behavioural patterns and business models is challenging the status quo and raising questions about how platforms function within the Digital Single Market. The European Commission is rightly emphasising the importance of this issue and collecting evidence as the basis for a comprehensive analysis of the role of online platforms within the Digital Single Market Strategy.

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Proposal for a regulation of the cross-border portability of online content services in the internal market – territoriality of rights in content

Published 14th June 2016

In order to ensure that providers of online content services which are provided against payment of money comply with the obligation to provide cross-border portability of their services without acquiring the relevant rights in another Member State, it is necessary to stipulate that those providers which lawfully provide portable online content services against payment of money in the Member State of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another Member State.

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Netflix’ public comment on collective management rules review

Published 14th June 2016

Netflix has engaged in negotiations over license fees and terms with each of ASCAP and BMI in order to secure licenses for the public performance of copyrighted musical works embedded in the programming it transmits to viewers. Since the inception of its streaming service, Netflix has relied upon the ASCAP and BMI rules to secure interim licenses upon request pending the negotiation of final agreements with ASCAP and BMI. And Netflix has conducted its negotiations with ASCAP and BMI with the knowledge that, if negotiations reach an impasse, it can rely upon the provisions of the current rules providing for federal “Rate Court” jurisdiction over ASCAP and BMI to secure reasonable license fees and terms.

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Proposal for a regulation of the cross-border portability of online content services in the internal market – subject of appliance

Published 10th June 2016

Proposed regulation (official document) should apply only to online content services which subscribers can effectively access and use in the Member State in which they habitually reside without being limited to a specific location, as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders.

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Draft second act amending the Telemedia Act: material content of the draft – conditions of liability

Published 10th June 2016

Service providers are in principle not responsible for external information saved for a user as long as they are not aware of the unlawful action or information. In the case of claims for damages this only applies if they do not know of any facts or circumstances from which the unlawful action or information becomes apparent. In the case of certain services whose business model is based on the infringement of intellectual property rights, it may be assumed, based on general experience of life, that the service provider will be sufficiently aware of many facts and items of information from which the unlawful action or information becomes apparent.

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Proposal for a regulation of the cross-border portability of online content services in the internal market – guarantee of quality and scope of service

Published 8th June 2016

In order to ensure the cross-border portability of online content services it is necessary to require providers of online content services which are provided against payment of money to enable their subscribers to use the service in the Member State of their temporary presence by providing them access to the same content on the same range and number of devices, for the same number of users and with the same range of functionalities as those offered in their Member State of residence.

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The objective of proposed regulation of cross-border portability of online content services in the internal market

Published 8th June 2016

The objective of Regulation (official document) is to adapt the harmonised legal framework on copyright and related rights and to provide a common approach to the provision of online content services to subscribers temporarily present in Member States other than their Member State of residence, in order to ensure that the present barriers to cross-border portability of online content services in the internal market no longer exist.

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Category: Internet