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Dekuzu Posts

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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Padawan case: European court’s decision – third, fourth and fifth questions

Background, and first two questions were earlier

The third and fourth questions

It is appropriate to examine third and fourth questions together. It must be held from the outset that a system for financing fair compensation such as that described in relevant part of this judgment is compatible with the requirements of a ‘fair balance’ only if the digital reproduction equipment, devices and media concerned are liable to be used for private copying and, therefore, are likely to cause harm to the author of the protected work. There is therefore, having regard to those requirements, a necessary link between the application of the private copying levy to the digital reproduction equipment, devices and media and their use for private copying. Consequently, the indiscriminate application of the private copying levy to all types of digital reproduction equipment, devices and media, including in the case expressly mentioned by the national court in which they are acquired by persons other than natural persons for purposes clearly unrelated to private copying, does not comply with Article 5(2) of Directive 2001/29.

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Reforming of copyright in EU and considered policy options – options 1 and 2

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.

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Ministry of communication does not want to increase tax burden for Google and Apple

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.

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Foreign internet companies can be imposed harder in Russia

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.

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White paper – Helping knowledge and heritage institutions to fulfill their public interest objectives

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”).

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Padawan case: European court’s decision – first and second questions

The first question

It should be borne in mind that under Article 5(2)(b) of Directive 2001/29 Member States which decide to introduce the private copying exception into their national law are required to provide for the payment of ‘fair compensation’ to rightholders. It should be noted at the outset that neither Article 5(2)(b) nor any other provision of Directive 2001/29 refers to the national law of the Member States as regards the concept of ‘fair compensation’.

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Reforming of copyright in EU and one of the questions concerned: user-generated content

User Generated Content (UGC) is understood as referring to cases where a pre-existing work is taken by a user as a starting point for his/her own expression, modified or transformed in one way or another, and then made available online. It may also include the merging of two pre-existing works (“mash-ups”). The threshold may be lower than “a certain amount of creative effort”. It excludes the case of “mere upload”, where a user merely distributes on the internet (by uploading and sharing it) pre-existing works without having intervened in any way on the work. It also excludes “creation from scratch”, i.e. the case where a user creates a new work “from scratch”, without relying on a pre-existing work.

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White paper – Copyright rules in support of other policy objectives in the digital environment

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.

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