Online platforms

Over the last years, the functioning of the online content marketplace has gained in complexity. Online services storing and providing access to copyright protected content uploaded by their users have flourished and have become main sources of access to content online. When the content is uploaded by users who do not own the relevant rights in the whole or parts of the content they upload, this situation affects rightholders’ possibilities to determine whether and under which conditions their content is used as well as their possibilities to get an appropriate remuneration for it. It is therefore necessary to provide for certain measures that these service providers should take to protect the content.

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Estonian’s Option A of article 11 for DSM copyright directive

Published 10th July 2018

New neighbouring right

It is necessary to define the concept of press publication in a way that embraces only journalistic publications, published in any media, including on paper, in the context of an economic activity which constitutes a provision of services under EU law. The press publications to be covered are those whose purpose is to inform the general public and which are periodically or regularly updated.

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Strengthening the Press Through Copyright – comments on criticism

Published 23rd June 2018

The proposed Publisher’s Right strikes a fair balance between the legitimate interests of all parties involved and therefore appears proportionate. It has been criticised that the decline in newspaper revenues does not have anything to with the activities of news aggregators or search engines.

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Strengthening the Press Through Copyright – lack of legal protection

Published 8th June 2018

The briefing note by committee of legal affairs demonstrates that the new, related right for press publishers provided in Article 11 of the ‘Proposed DSM Directive’ is required to address pressing market failures in the area of the online press. The note also outlines why the proposed Article 11 is proportionate and the criticism raised against it by various stakeholders is not compelling.

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Restricting the monopoly of IP rights as antitrust measure in Russia

Published 4th June 2018

Russian Federal Antitrust Services (FAS) develops fifth packet of amendments to Russian law on protection of competition. The reason of proposed amendments, according to FAS, is inability to apply current law standards to digital markets. The updated regulation should also cover internet and digital platforms or companies. This so called “fifth packet” includes amendments to Russian IP law.

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Strengthening the Press Through Copyright – why a publisher’s right is required

Published 25th May 2018

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Ventura v Motherless: safe harbor matters

Published 22nd May 2018

Joshua Lange, the named defendant, owns, operates, and is the sole employee of his internet site, Motherless.com. The site contains over 12.6 million mostly pornographic pictures and video clips. The content generally has been uploaded by the site’s users, and the uploaders may or may not have created the material. Motherless stores the content on servers that Lange owns. In 2011, the website had nearly 750,000 active users and about 611,000 visits daily.

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Russian internet includes only .ru and .su domain extensions

Published 17th May 2018

Internet is borderless, but national legislation is not. Under Russian law certain types of advertisement is forbidden for dissemination, including in Internet. Not all web-sites comply with requirements for ads. Therefore Russian authorities have rights to require restriction of access in a case if ad legislation is violated in relation to certain ad.

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The matter of proper licensing: ABKCO Music v Sagan

Published 8th May 2018

This copyright infringement case concerns a collection of live audio and audiovisual recordings of iconic songs that were recorded while being performed live in concert and thereafter acquired by defendants William E. Sagan, Bill Graham Archives, LLC, and Norton, LLC, from the late Bill Graham and operators of other concert venues. The collection primarily consists of recordings made from the 1960s to the 2000s.

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Russian legislators proposed to ban apps for copyright infringement

Published 25th April 2018

They proposed the new draft law. It introduces new definition – the owner of app. App owner is the owner of software for computer where the information, containing copyrighted subject matter excluding photos or containing information necessary in order to receive such copyrighted subject-matter with help of telecommunication networks, is placed without proper permission of right holder or other legal ground.

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Category: Online platforms

Estonian’s option A of article 13 for DSM copyright directive

Estonian’s Option A of article 11 for DSM copyright directive

Strengthening the Press Through Copyright – comments on criticism

Strengthening the Press Through Copyright – lack of legal protection

Restricting the monopoly of IP rights as antitrust measure in Russia

Strengthening the Press Through Copyright – why a publisher’s right is required

Ventura v Motherless: safe harbor matters

Russian internet includes only .ru and .su domain extensions

The matter of proper licensing: ABKCO Music v Sagan

Russian legislators proposed to ban apps for copyright infringement