It may be inferred from the drafting history of Directive 2001/29 that the concept of ‘fair compensation’ in Article 5(2)(b) was intended to be a ‘new concept’, which, in the absence of a legal definition in the Commission proposal, required the Council to lay down guidelines on its application. Those guidelines may now be found in recital 35 in the preamble to the directive. It follows that the intention of the Community legislature was to introduce a new concept at Community level, without it being linked with pre-existing concepts in international copyright law or that of the Member States. This differentiates this concept somewhat from the concept of ‘equitable remuneration’ used in Article 5 and Article 8(2) of Directive 2006/115, which originated from international copyright law and was adopted verbatim in the Community legal system.
Administration of Russian president does not support idea of Russian internet tax; it will be not implemented as reported RBC. Kremlin’s position is that the internet tax is without prospects. Conception of global license was declined; decision to do it has been already made in writing as internal document.
Russian ministry of communication opposes responsibility for hyperlinks and reposts in internet as deputy of minister of communication Alexey Volin has stated. According to Interfax,…
According to Vedomosti, after closed meeting where the idea of internet tax was considered, Russian minister of culture Vladimir Medinsky stated he is not a…
Why Russian government, Russian ministry of culture, rights holders, who have proposed their own idea of registry of rights in content for their exercise in internet and hope to receive money from Russian state for its implementation, did not mention one very important thing? Who has proposed this idea? The answer is – Russian Union of Right holders, collecting private copying levy.
According to RBC Internet companies at the meeting in MinCom considered the idea of single registry of rights in content for its usage in internet. Among the participants at the meeting were internet companies, right holders and representatives of Mincom and Ministry of economic development. There was no representative of Ministry of culture who did not only uphold the Russian “internet tax” but also formulate it in writing. Participants decided to develop idea in working groups and make from this idea a draft law.
This option would entail the creation of a new legal act (internal market legal basis) which sets out absolute territorial restriction in copyright licence contracts (or in contracts on the transfer or the assignment of rights) may be null and void because of its effect on the free movement of services.
As reported RBC, negative opinion on Global License conception was presented by the deputy of Minister of Communication Alexey Volin. Volin named idea of Global…
Copyright law is relevant for UGC both because UGC creators are themselves potential holders of rights in a new work and because UGC can result from the re-use of pre-existing works protected by copyright. It should be noted that, while no precise definition of UGC has yet been established, the mere sharing of existing copyright protected content (“file-sharing”) does not constitute the creation of a new work. Nor does it imply a transformative use. UGC creators should be able to claim and exercise their rights as creators if they wish to, and they should understand the rules that apply to works that include parts of works that are the fruit of others’ creativity and investment. Right holders in pre-existing works should also be able to exercise their rights, as for any other use of their work.