The limited availability of EU AV works on VoD platforms is expected to persist under the baseline option. The maturity of the VoD market in terms of revenues has not been reached yet. In the absence of any intervention at EU level, contractual blockages are likely to persist. In many cases, the licensing process for EU AV works would remain burdensome.
Comments closedCategory: Legal proposal
A new draft law, developed by Russian ministry of culture (MinCult), contains amendments to Russian law on information, its protection and informational technologies, aiming to simplify and streamline restriction of access to pirate web-sites and their mirrors. But there is one little detail.
Comments closedThe UK Intellectual Property Office (IPO) is responsible for the trade mark system in the UK. This includes examination of trade mark applications and the registration of trade marks for those applications which comply with the requirements of the Trade Marks Act 1994 (“TMA”) and the Trade Mark Rules 2008 (the “Rules”).
Comments closedBaseline
No policy intervention. This option would rely on the natural evolution (естественной эволюции) of the VoD market. As VoD will become an increasingly important way to access AV works in the coming years, it is likely to gain in financial attractiveness for rightholders.
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A first important difficulty derives from, contractual blockages generally linked to licensing practices based on exclusivity of exploitation rights and on the release windows system. They limit the online availability of AV works on VoD platforms.
Comments closedRussian telecommunication companies proposed to cut internet traffic to certain web-sites. It seems they have proposed it on a case when network is overloaded. But which web-sites should receive priority for better bandwidth is not clear. Telecommunication companies have proposed to make “bandwidth priority” a law they develop.
Comments closedOption 2 would enhance the level of legal certainty for the benefit of a wide range of retransmission services – IPTV, OTT, satellite, DTT, mobile – and can be expected to both (i) contribute to a greater variety of such services and (ii) provide an incentive to the retransmission service providers to expand the range of TV / radio channels offered to their subscribers.
Comments closedIt seems Russian ministry of culture (MinCult) knows how to kill two birds with one stone – to bite a Hollywood and to help Russian cinematography. Many stakeholders disliked the idea with 5 mln roubles for permission to show movie in Russian cinema. Therefore MinCult proposed something new – 3% of revenue from ticket sales. This 3% could make “additional 1,5 billion roubles” for funding of Russian movies.
Comments closedOption 1 – Mandatory collective management of rights to retransmission of TV / radio broadcasts by means of IPTV and other retransmission services provided over “closed” electronic communications networks
Option 1 would enhance the level of legal certainty for the benefit of a specific category of retransmission services – those provided over “closed” electronic communications networks – and can be expected to contribute to a better offer of such services, depending on market situations in particular MS.
Comments closedThe legal uncertainty as to whether all rights relevant for the retransmission have been cleared faced by the retransmission service providers other than cable is expected to persist under the baseline option. As a result, those service providers can be expected to continue limiting their retransmission offers. Moreover, in view of the legal uncertainty, some market players might hesitate to launch innovative retransmission services or delay the launch in order to deal with licensing.
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