Dekuzu Posts

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.

As reported Izvestia.ru, working group evaluated consequences of internet tax. After implementation of this tax within three months 80% of movie theatres will be closed.

Option 1 – Status quo

No policy intervention. This option would consist in relying on the market to improve the availability of content online, on Member States to take full advantage of the total policy space available under the InfoSoc and other Directives, and on the courts, and notably the CJEU, to clarify provisions of the Directives relevant to the development of new uses and services.

It seems that chief of ministry of communication (mincom) works independently of his office. As reported RBC, mincom believes current Russian tax legislation is sufficient for taxation of foreign internet companies and in order to implement any new taxation mechanism first of all a definition of internet company must be given. There is even mincom’s review concernign to this issue. It was made 1st of March 2015 by order of Russian president’s assistant Igor Shchyogolev, who is author of idea to receive more taxes from these companies.

As reported RIA Novosti, Russian ministry of communication (Mincom) considers opportunity to impose more taxes on foreign companies providing their clients residing in Russia with its services. The chief of Mincom believes foreign internet companies should pay taxes at the place where the end customer resides. And it is not about Google and Apple. It should concern all foreign companies.

The current EU rules allow these institutions to carry out preservation, indexing and similar copying operations (through a “preservation exception”), to allow for consultation of materials on their premises for research or private study (based on a “consultation exception”), and, in the case of public libraries, to make physical loans (allowed by a “public lending exception”).

EU directives provide for a list of exceptions to rights and are at a limited level of harmonisation. In most cases, Member States are free to reflect them or not in their national legislation. This, combined with the broad formulation of many of the exceptions has resulted in rather heterogeneous implementation. An exception present in the law of a given country may not exist in a neighbouring country or be subject to very different conditions.