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Dekuzu Posts

Padawan case – Legal assessment

Concept of “fair compensation” (de)

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.

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Why current Russian law makes implementation of Russian internet tax impossible?

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.

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MinCom upholds proposed alternative to Russian “internet tax”

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.

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Reforming of copyright in EU and considered policy options: Option 3 – Legislative intervention (Territoriality and absolute territorial restrictions in licensing)

Territoriality and absolute territorial restrictions in licensing

Sub-option a

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.

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White paper – Providing a legally sound space for user-generated content

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.

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