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Category: Legal proposal

Online cinemas don’t want share with MinCult online box office figures

Recently the Russian ministry of culture has proposed to oblige online cinemas to share statistics showing how many times the movie has been streamed. This proposal could benefit right holders as they would know how for sure how many royalties they should receive. But this idea is not welcomed by online cinemas themselves. They have express their concerns in the letter to the deputy of minister of culture.

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SWD IA on the EU copyright modernization – impacts of third option for press publishers

As Option 2 plus introduction, in EU law, of the possibility for MS to provide that publishers may claim compensation for uses under an exception

This option would have a positive impact on all publishers, in particular book and scientific publishers but also on press publishers regarding their ability to receive compensation for uses under exceptions (notably the reprography exception). For other publishers, in particular book and scientific publishers, Option 3 is highly significant, as their publications are often used under an exception such as private copying.

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Russian ministry of culture wants to know online box office

The Russian ministry of culture intends to oblige online cinemas to provide data on each run of movie, in other words the ministry wants to know how many times the movie was streamed. The declared purpose of this legal proposal is simple check how effective the Russian budget supports the Russian movie industry. The real purpose is prosaic and old as this world – the authorities want to know where the money flow.

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Apple out of Russia, first fine for fake news and little bit more for today…

Russian state duma has adopted the draft law on mandatory pre-sale installation of Russian software on gadgets in the second reading. If this draft law enters into force in Russia the Apple and Google would be obliged to work with Russian software developers, because their smartphones (cells) should contain the Russian applications in oder to be sold in Russian internal market. Whether Apple or Google consider option to agree with new “idea” provided in draft law or to leave Russian market?

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The Russian law on blocking messengers’ users is not feasible

The Russian ministry of communication believes the draft law, recently proposed and introduced to Russian state duma and providing blocking of electronic mail’ and messengers’ users are technically non-feasible. If the service would refuse to block user, it could face penalty up to 1 mln roubles. The ministry dislikes this draft law because it also contradicts to the principle of net neutrality. If the messengers and operators of electronic mail would be force to see and read their users’ correspondence they could migrate to VPN and foreign communication services like Gmail, Yahoo and others.

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Russian ministry of education proposed to deprive patents for drugs intended for export

Russian ministry of education has proposed mandatory licensing for patents but in its original way. The patent can be deprived if the drug, produced under this patent, is intended to be exported. In order to implement it the relevant amendments to the Russian IP code are to be adopted. Under proposed amendments the rights of patent holder can be restricted, but the ministry believes its amendments are in accordance with relevant international law and would implement it.

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Apple and Google products can be forced out of Russian market

The new draft law provides obligation on pre-sale installation of applications, designed by Russian developers, on gadgets intended to be sold in Russian internal market. So, if the device already contain necessary minimum of application, designed by foreign, i.e. non-Russian software and application developers, such device is to be forbidden for sale. The gadgets are to be smartphones, computers and TV with smart function.

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SWD IA on the EU copyright modernization – impacts of second option for press publishers

Introduction in EU law of a related right covering digital uses of press publications

Under this option, press publishers would still need to acquire authors’ authorisation to publish their contributions in a newspaper or a magazine, as they do today. Therefore, the relationship authors-publishers would remain untouched. In contrast, this option would provide these publishers with a substantial added value when it comes to licensing out their publications for online uses by third parties, something that is increasingly important for them in the digital environment.

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It is better to fine rather than block web-sites, believes RKN

The history with Telegramm shows that Russian internet watchdog Roskomnadzor is not able to shut down services blocked under Russian court orders. Moreover, many officials from Russian government and authorities use Telegramm and even sometimes organize a bidding for research of social activity in Telegramm’s community. It is not good for reputation when almost all internet users tell jokes and make memes on RKN’s ability to execute will in relation to restriction of access to internet resources.

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SWD IA on the EU copyright modernization – impacts of baseline and first options for press publishers

Baseline option

Without intervention at EU level, legal uncertainty in this sector is expected to increase and publishers’ bargaining position would further weaken. The loss of print revenues is not expected to be compensated by the increase of online revenues. Online revenue streams feature smaller margins, as the competition for digital advertisement revenues is tough and free-access press items are widely available. Moreover, access to news through smartphones is increasing every year. As advertising revenues linked to access through smartphones are lower than through computers, this evolution of news consumption would make overall revenues decrease.

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