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Category: Law review

Legal review of draft law on regulation for OTT-services in Russia

Published 11th May 2017

Relevant committee of Russian state duma made legal analysis of draft law providing regulation for OTT services in Russia. This analysis explains why and how the draft must be improved. For example, the draft law prescribes to introduce a registry of audio-visual services in Russia, but it does not define its legal status and purposes.

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Australian copyright law review – with a fair use exception the right questions could be asked

Published 9th May 2017

An Australian copyright law review committee recommended the introduction of fair use in 1998. Almost 30 existing exceptions could be repealed, if fair use were enacted. In time, others might also be repealed. Replacing so many exceptions with a single fairness exception will make the Copyright Act considerably more clear, coherent and principled.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: non-application of private copying levies to professional users

Published 17th August 2015

While, in principle, all products capable of making copies of copyright protected content can be levied, the private copying levies must not be imposed on goods that are acquired for purposes clearly unrelated to private copying. This approach requires a distinction between transactions where a good is sold to a private user and transactions where a good is sold to a non-private user. The latter transactions must, in principle, not be subject to a private copying levy.

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Reforming of copyright in EU and considered policy options

Published 7th August 2015

Summary of Impacts of Option 3b

Territoriality and absolute territorial restrictions in licensing agreements

Under the “country of origin” principle, a service provider can use the licence in its country of origin (possibly obtained from a person holding the rights in that country only) in order to actively market content outside its country of origin as well. When rights are territorially fragmented, e.g. when different persons or entities hold the rights for different Member States, a service provider established in one Member States may therefore undermine the economic position of right holders in other Member States.

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Padawan case: European court’s decision – third, fourth and fifth questions

Published 8th May 2015

Background, and first two questions were earlier

The third and fourth questions

It is appropriate to examine third and fourth questions together. It must be held from the outset that a system for financing fair compensation such as that described in relevant part of this judgment is compatible with the requirements of a ‘fair balance’ only if the digital reproduction equipment, devices and media concerned are liable to be used for private copying and, therefore, are likely to cause harm to the author of the protected work. There is therefore, having regard to those requirements, a necessary link between the application of the private copying levy to the digital reproduction equipment, devices and media and their use for private copying. Consequently, the indiscriminate application of the private copying levy to all types of digital reproduction equipment, devices and media, including in the case expressly mentioned by the national court in which they are acquired by persons other than natural persons for purposes clearly unrelated to private copying, does not comply with Article 5(2) of Directive 2001/29.

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Reforming of copyright in EU and one of the questions concerned: exceptions and limitations and the functioning of the internal market

Published 16th February 2015

In the light of coming copyright reforms in EU the draft impact assessment concerns some important copyright issues. One of them is exceptions and limitations and the functioning of the internal market.

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