Category: Uncategorised

In its Communication on a Digital Single Market Strategy for Europe adopted on 6th May, the Commission committed to undertake a comprehensive assessment on the role of platforms, covering the social and economic role of online platforms, transparency (e.g. in search results), terms of use, ratings and reviews, the use of information by platforms, the relation between platforms and their suppliers, the conditions of switching between comparable services offered by platforms, and the role of online intermediaries, including ways to tackle illegal content on the internet. It includes also initiatives on data – a free flow of data initiative and a European Cloud initiative.

Moscow commercial court refused to abolish state accreditation to exercise the rights of authors of musical works (with or without text) used in audiovisual work in order to receive remuneration for public performance or broadcast or cablecast of such work. Russian authors Society has been granted this accreditation about year ago. What this case is about? Let’s start from the beginning. In 2014 has entered into force new amendments in Russian copyright law in the field of non-contractual collective rights management.

This autumn Russian State duma plans to consider issue of illegal copy paste.

EU rules on online and digital purchases (official)

In a DSM, the rights and obligations arising between e-commerce traders and their customers should be governed by a common set of rules and principles. EU law provides protection for EU consumers, irrespective of how goods are purchased. Harmonized EU legislation ensures safety of the goods being placed on the market. Moreover, the Consumer Rights Directive (2011/83/EC) has fully harmonised certain aspects of consumer and contract law applicable to online sales to consumers, such as pre-contractual information the customer should receive and the right of withdrawal from the contract. However, in other areas there are only minimum EU rules, which Member States may supplement with stricter requirements. For example, the Consumer Sales Directive (1999/44/EC) has set a minimum level of harmonisation for the remedies available when tangible goods are not in conformity with the contract of sale. Member States can also go beyond the requirements of the Unfair Contract Terms Directive (93/13/EEC), which provides protection against unfair clauses which have not been individually negotiated in B2C contracts relating to both tangible goods and digital content products.

Creating the right conditions and a level playing field for advanced digital networks and innovative services to flourish (official)

The Digital Single Market must be built on reliable, trustworthy, high-speed, affordable networks and services that safeguard consumers’ fundamental rights to privacy and personal data protection while also encouraging innovation. This requires a strong, competitive and dynamic telecoms sector to carry out the necessary investments, to exploit innovations such as Cloud computing, Big Data tools or the Internet of Things. The market power of some online platforms potentially raises concerns, particularly in relation to the most powerful platforms whose importance for other market participants is becoming increasingly critical.

Russian ministry of communication (MinCom) has proposed to reform collective management in Russia as reported by vedomosti. MinCom prepares amendments to Russian Civil Code in order to abolish non-contractual collective management. Such amendments caused by imperfection of existing collective management system in Russia. The lack of transparency in a system of royalty collection, allocation and distribution and the lack of control over CMO for right holders are among the reasons why reform is necessary. MinCom wants CMO to work directly with right holders, i.e. under MinCom’ intention CMO, in order to manage someone’ rights, must conclude direct agreement with right holder. MinCom considers two possible ways of reform. The first is to abolish non-contractual right management. The second is more global: reduce commission rate (now it is about 40%) and appoint state organisation to collect private copying levy. According to deputy of minister of communication Alexey Volin, right holders are unhappy with current system of collective management. He thinks that it would be much better if author will have opportunity directly and at his own negotiate with CMO. It is not good, if the right holder is like serf and his rights are managed without his authorisation.

How private copying levy must be collected in Russia? IV part of Civil code of Russian Federation (CC RF) grants authors, performers and producers of phonograms and audio-visual works exclusive reproduction right in order to control a certain use of relevant subject of intellectual property. Article 1245 of CC RF provides certain exception for copies of phonograms or audio-visual works made only for private purposes – “Authors, performers, producers of phonograms and audio-visual works have the right to receive remuneration for free reproduction of phonograms and audio-visual works only for private purposes”. For example, there is no remuneration for free reproduction of musical works for private purposes. But existing mechanism of collection, allocation and distribution of levy can take in account the interests of songwriters and musical publishers along with interests of producers and performers. If one composer creates musical work, other writer creates a text and producer, using musical work and text, makes sound recording, why producer and performer have the right to receive remuneration for free reproduction of phonogram when composer and writer don’t have the right to receive remuneration for free reproduction of musical work and text? Why Russian law discriminates creators, owners of intellectual property rights? Even if you have a great talent, in most cases in order to create a phonogram you need at least text and musical accompaniment.