The combined application of the preferred options would affect all types of stakeholders differently, but is not expected to result in any disproportionate impact on a specific category of stakeholders.
Category: Legal proposal
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.
Once upon a time the Russian president has proposed to provide Russian citizens with free internet. Little then the proposal has been detailed – the free internet only for socially significant web-sites or web-resources. Clarifying of proposal required the list of so called socially significant web-resources. The relevant Russian state authorities have drafted the list and terrified the internet service providers (ISPs).
The reporting obligation would greatly decrease the information asymmetry as creators would receive the relevant information on the uses of their works and the corresponding revenues. As a direct impact, the enforcement of contracts would become much easier and effective, particularly in the case of royalty-based remuneration arrangements because the correct payment of remuneration could be verified.
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.
Currently Russian authorities consider implementing idea to register each smartphone in Russia. Is it possible to do this? Partially yes, but it would be very costly first of all for ordinary customers. Originally the idea is to register all smartphones already sold to customers.
The Russian president has proposed to provide the Russian citizens with free access to internet resources considered as socially significant. In other words the Russian should receive free access to necessary web-sites even with zero balance.
The problem of information asymmetry is not likely to be resolved by market developments, including self-regulation, or MS legislation. Problems for creators as regards lack of information on the exploitation and revenues generated by their works will continue in a number of MS and the cross-border aspects of the problem will not be addressed.
The Russian antitrust service has proposed to apply antitrust regulations in relation to intellectual property deals in Russia, in other words it was proposed to diminish monopoly provided by intellectual property.
The Russian president wants free internet access, i.e. unpaid, for Russians. It supposed to be free access for social significant web-sites and online services, like state services for Russians, but including web-sites of mass media. Telecommunication operators dislike this idea, they ask for compensation of losses linked to free internet access for Russians. They would be obliged to transmit huge amount of traffic without payment requirement. The free internet access should be provided since 1st of March this year, but, as always, it wasn’t provided.