Not only Russian copyright, broadcast and digital law
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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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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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 Act clarifies that WLAN operators are access providers as defined in § 8 TMG. This does not result in any changes in the existing legal position for service providers which offer access to a communications network in accordance with the TKG (Telekommunikationsgesetz, Telecommunications Act). The obligations on these service providers resulting from the TKG continue to apply. In addition, the principle which has already been developed in case-law is codified that holders of WLAN connections are not to be held liable as interferors if they have fulfilled reasonable obligations in order to prevent rights violations. The Act (de) serves to specify the requirements placed on service providers which provide access to the internet via WLAN, irrespective of whether this is for commercial purposes. If the provisions of the Act are obeyed, it is assumed that the WLAN operator has taken the precautions which are reasonable for them in order to prevent third parties from violating rights. In such cases he will not be held liable as the interferor for omission or removal and can also not be warned to desist. The stipulations mentioned in the Act can generally be fulfilled by WLAN operators. However, this does not exclude operators, in certain cases, from also being able to carry out their obligations through other reasonable means. The Act also cites various situations in which it can be assumed that the host provider will be aware of an unlawful act.
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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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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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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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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 copyright protection and on the internet services providers.
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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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Russian president’s advisor gave interview to Russian newspaper Gazeta.ru, he personally explained what he kept in mind when stated certain things about copyright, torrents, permanent web-site blockings, Google, competition and Russian economy.
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