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Dekuzu Posts

Guidance on IPRED: ensuring a balanced regime for injunctions and intermediaries – filtering systems and dynamic injunctions

According to Article 15(1) of the e-Commerce Directive, Member States are prohibited from imposing a general monitoring obligation on online intermediaries within the meaning of Articles 12-14 of that Directive. Such an obligation would also be incompatible with the general requirements of fairness, proportionality and any measures not being excessively costly set out in Article 3 of IPRED.

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SWD IA on EU copyright modernisation – impacts of second option for digital retransmission

Mandatory collective management of rights to retransmission of TV / radio broadcasts by means of any retransmission services, irrespective of the retransmission technology or network used, as long as they are provided to a defined number of users (subscribers, registered users)

Option 2 would enhance the level of legal certainty for the benefit of a wide range of retransmission services – IPTV, OTT, satellite, DTT, mobile – and can be expected to both (i) contribute to a greater variety of such services and (ii) provide an incentive to the retransmission service providers to expand the range of TV / radio channels offered to their subscribers.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: double payments in cross-border sales and the liability to pay levies

Levies should only be collected once in cross-border transactions, namely in the country of destination. Unfortunately, this is not always the case. Far too often, there are instances of double payments. Most Member States try to mitigate the problem by providing for systems that allow entities that have already paid the levy for a certain product in e.g. Member State A to be reimbursed upon the exportation of that product into Member State B.

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Russian internet service providers want authority to cut the internet traffic to certain web-sites

Russian internet service providers (ISP) propose to provide them with authority to decide who deserves better bandwidth and when. It means Russian ISP could cut the traffic when they believe it is necessary and justified. Does it mean that they don’t have enough capacity to ensure net neutrality or they just endeavor to control the internet?

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Russian ministry of culture has new idea how to help Russian cinematography at the expense of Hollywood

It seems Russian ministry of culture (MinCult) knows how to kill two birds with one stone – to bite a Hollywood and to help Russian cinematography. Many stakeholders disliked the idea with 5 mln roubles for permission to show movie in Russian cinema. Therefore MinCult proposed something new – 3% of revenue from ticket sales. This 3% could make “additional 1,5 billion roubles” for funding of Russian movies.

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Collective Rights Management: Commission referred Poland to the Court of Justice and closed eight cases

The European Commission decided to refer Poland to the Court of Justice of the EU for failure to notify complete transposition (partial non-transposition) of EU rules on collective management of copyright and related rights, and multi-territorial licensing of rights in musical works for online use (Directive 2014/26/EU) into national law. The Commission called on the Court to impose financial penalty to Poland – € 87 612.00 per day. Member States had to transpose the Directive into national law by 10 April 2016.

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