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Dekuzu Posts

Proposal for a regulation of the cross-border portability of online content services in the internal market – territoriality of rights in content

In order to ensure that providers of online content services which are provided against payment of money comply with the obligation to provide cross-border portability of their services without acquiring the relevant rights in another Member State, it is necessary to stipulate that those providers which lawfully provide portable online content services against payment of money in the Member State of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another Member State.

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Netflix’ public comment on collective management rules review

Netflix has engaged in negotiations over license fees and terms with each of ASCAP and BMI in order to secure licenses for the public performance of copyrighted musical works embedded in the programming it transmits to viewers. Since the inception of its streaming service, Netflix has relied upon the ASCAP and BMI rules to secure interim licenses upon request pending the negotiation of final agreements with ASCAP and BMI. And Netflix has conducted its negotiations with ASCAP and BMI with the knowledge that, if negotiations reach an impasse, it can rely upon the provisions of the current rules providing for federal “Rate Court” jurisdiction over ASCAP and BMI to secure reasonable license fees and terms.

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Proposal for a regulation of the cross-border portability of online content services in the internal market – subject of appliance

Proposed regulation (official document) should apply only to online content services which subscribers can effectively access and use in the Member State in which they habitually reside without being limited to a specific location, as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders.

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Draft second act amending the Telemedia Act: material content of the draft – conditions of liability

Service providers are in principle not responsible for external information saved for a user as long as they are not aware of the unlawful action or information. In the case of claims for damages this only applies if they do not know of any facts or circumstances from which the unlawful action or information becomes apparent. In the case of certain services whose business model is based on the infringement of intellectual property rights, it may be assumed, based on general experience of life, that the service provider will be sufficiently aware of many facts and items of information from which the unlawful action or information becomes apparent.

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Proposal for a regulation of the cross-border portability of online content services in the internal market – guarantee of quality and scope of service

In order to ensure the cross-border portability of online content services it is necessary to require providers of online content services which are provided against payment of money to enable their subscribers to use the service in the Member State of their temporary presence by providing them access to the same content on the same range and number of devices, for the same number of users and with the same range of functionalities as those offered in their Member State of residence.

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Motion for and European Parliament resolution on ratification of the Marrakesh Treaty

Having regard to the petitions from EU citizens with print disabilities, and particularly Petition 924/2011 by Dan Pescod (British), on behalf of the European Blind Union (EBU)/Royal National Institute of Blind People (RNIB), on access by blind people to books and other printed products and whereas the World Health Organisation estimated in 2010 that across Europe there are 2 550 000 blind people and 23 800 000 partially sighted people, giving a total of 26 350 000 visually impaired individuals and whereas only 5% of all published books in the developed countries and less than 1% in the developing countries are ever produced in accessible formats.

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The objective of proposed regulation of cross-border portability of online content services in the internal market

The objective of Regulation (official document) is to adapt the harmonised legal framework on copyright and related rights and to provide a common approach to the provision of online content services to subscribers temporarily present in Member States other than their Member State of residence, in order to ensure that the present barriers to cross-border portability of online content services in the internal market no longer exist.

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EU public consultation concerning copyright with regard to EU Satellite and Cable Directive – mediation system and obligation to negotiate

First, respondents were asked (de) if they had used the existing negotiation and mediation mechanisms established under the Directive. They were invited to describe their experience. Second, respondents were asked to give their view about a possible extension of these rules to facilitate the cross border availability of online services, and they were invited to suggest any other measure that could facilitate contractual solutions and negotiations in good faith.

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Mandatory collective management regime for different forms of online simultaneous retransmissions in EU

The few consumers who have replied (de) to these questions tend to consider that the extension of the regime to the simultaneous retransmission of TV and radio programmes on platforms other than cable is likely to increase the cross-border accessibility of online services. They also tend to oppose maintaining the different treatment of rights held by broadcasting organisations. Member States/public authorities, but also right holders, CMOs and broadcasters, recall that voluntary collective management, extended collective licensing and individual licensing are all used to clear rights relevant for the different new TV and radio transmission and re-transmission methods and services. In this respect some Member States argue that voluntary approaches lead to legal uncertainty since service providers cannot be sure that they have cleared all the rights or that the distinction between transmission and retransmission is not always clear.

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EU public consultation on Satellite and Cable Directive – evaluation of existing rules applicable to clearance of copyright and related rights for the simultaneous cable retransmission.

First, respondents were asked about the existing rules applicable to clearance of copyright and related rights for the simultaneous cable retransmission. Second, respondents were asked about the impact of a possible extension of the mandatory collective management regime to different forms of online simultaneous retransmissions.

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