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Category: Law

Proposal for a directive on contracts for the supply of digital content – detailed explanation of the specific provisions

Article 2 contains a list of definitions for terms used in the Directive. For example, the definition of digital content is deliberately broad and encompasses all types of digital content, including for example, downloaded or web streamed movies, cloud storage, social media or visual modelling files for 3D printing.

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Why broadcasters are not happy with mobile operators in Russia?

First channel and MTS resolved the “dispute” about what content can be broadcasted in internet. MTS will stream only that content which is intended for internet. First Channel will also have access to statistics of views. But what about the others? One executive from “Grand Three” revealed some reasons of dispute. First of all, the quality of First Channel’s OTT stream is not appropriate. Customer is not ready to miss some content in stream, customer require streaming the same content as traditionally broadcasted.

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Proposal for a directive on contracts for the supply of digital content – legal basis, subsidiarity and proportionality

The existing and upcoming fragmentation creates obstacles for businesses to sell cross-border because they have to incur contract law-related costs. Businesses are also uncertain about their rights and obligations. This has a direct effect on the establishment and functioning of the internal market and negatively affects competition.

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Russian “First channel” accused “grand three” of mobile operators of piracy

“First channel”, one of the major channel in Russia, has accused Russian mobile operators (Russian mobile services (MTS), Megafon and Vimpelcom (Beeline)) of illegal distribution of its content in internet. Such “distribution” causes a loss in advertisement revenues for First channel. But mobile operators from the “Grand Three” believe they don’t infringe First Channel’s copyright – everything is in accordance with law.

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Proposal for a directive on certain aspects concerning contracts for the supply of digital content

The Digital Single Market Strategy adopted by the Commission on 6 May 2015 announced a legislative initiative on harmonised rules for the supply of digital content and online sales of goods. This initiative is composed of (i) a proposal on certain aspects concerning contracts for the supply of digital content, and (ii) a proposal on certain aspects concerning contracts for the online and other distance sales of goods.

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BMI’ public comment on collective management rules review

The digital revolution in information processing and communications has completely transformed the way music performances are heard by the public and equally changed the way in which information about music performances is collected and processed. In particular, the rise of Internet streaming as a principal way the public hears performances of music has created market needs that are now not being met because of inefficient and anticompetitive restrictions in rules that serve no sound purpose today.

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Reforming of copyright in EU and considered policy options – Option 4

A unitary copyright title and European Copyright Code

Option 4 would be achieved through a Regulation setting out common EU rules and replacing national legislation with a legal base of Article 118 TFEU. A single EU copyright title would be developed to replace national copyright titles. Under a unitary title, the exclusive rights would be defined as being protected in the whole territory of the EU.

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Padawan case: European court’s decision – first and second questions

The first question

It should be borne in mind that under Article 5(2)(b) of Directive 2001/29 Member States which decide to introduce the private copying exception into their national law are required to provide for the payment of ‘fair compensation’ to rightholders. It should be noted at the outset that neither Article 5(2)(b) nor any other provision of Directive 2001/29 refers to the national law of the Member States as regards the concept of ‘fair compensation’.

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White paper – Making available issue

There is no unitary copyright title in Europe, so works are protected on the basis on 28 national legislations. The use of a work in all EU Member States therefore requires the clearing of rights for 28 territories. The varying availability and accessibility of content services in the EU can thus be caused by the difficulties that service providers have in obtaining all the rights needed in all territories.

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