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Category: Law review

Technological Changes Since the 1990s Have Changed the Landscape in which Section 512 Operates

The technology that allows copyright owners to distribute content directly to consumers’ living rooms via streaming services also enables new forms of piracy: streaming of unlicensed content and stream-ripping – that is, using software to make an unlicensed copy of streamed content that would otherwise be licensed.

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Revisions to section 512 should take into account differences within and among stakeholder classes

Requirements that pose a relatively minimal burden for large, established OSPs could be crippling for a small startup that lacks access to enterprise-level technology. Larger rightsholders with in-house enforcement teams may have more resources to monitor online infringement than small rightsholders that must face a choice between devoting their time to creative endeavors or to enforcing their rights.

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SWD IA on the EU copyright modernization – Out-of-commerce works

Would it be necessary in your country to enact legislation to ensure that the results of the 2011 MoU (i.e. the agreements concluded between libraries and collecting societies) have a cross-border effect so that out of commerce works can be accessed across the EU?

Would it be necessary to develop mechanisms, beyond those already agreed for other types of content (e.g. for audio- or audio-visual collections, broadcasters’ archives)?

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Section 512 report – Notice-and-Takedown Process

OSPs seeking protection under the safe harbors in sections 512(b), (c), or (d), must, in addition to the section 512(i) requirements, maintain a compliant notice-and-takedown process by responding expeditiously to remove or disable access to material claimed to be infringing upon receipt of proper notice from a copyright owner or the owner’s authorized agent.

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Which clarifications or revisions would be the most beneficial for improving section 512?

First, the Office recommends that Congress clarify the distinction between “actual knowledge” and “red flag knowledge.” Court decisions interpreting the red flag knowledge provision have often required a level of specificity regarding the types of information from which infringing activity is present as to blur the line between actual and red flag knowledge and conflate the existence of either knowledge type with receipt of a takedown notice from a rightsholder.

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Section 512 report – general overview of section 512

Secondary Liability

Secondary liability doctrines enable copyright owners to bring claims against third parties that have some relationship to persons who themselves commit infringement (i.e., “direct” infringers). As the Supreme Court has noted, “although ‘the Copyright Act does not expressly render anyone liable for infringement committed by another,’ these doctrines of secondary liability emerged from common law principles and are well established in the law.”

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SWD IA on the EU copyright modernization – impacts of third option for fair remuneration of authors and performers

Imposing transparency obligations on the contractual counterparty of creators supported by a contract adjustment right and a dispute resolution mechanism

I. Contract adjustment mechanism

This mechanism would improve the effectiveness of the reporting obligation under Option 2 since it would provide creators with legal means to request adjustment of the remuneration on the basis of the information received in reporting statements.

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Report 512 executive summary

The Report is the first full analysis of whether section 512 is working effectively in achieving its aim of balancing the needs of online service providers (“OSPs”) with those of creators.

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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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Considered novels in Russian antipiracy law

In the times of COVID-19 pandemic the internet in Russia plays huge role. Many people staying at home due to so called self-isolation having internet as the means to make their work, to communicate and make many other important things including self-entertainment. Certainly the consumption of movies, music and other entertaining content has significantly risen and also significant part of such consumed content was illegal.

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