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Month: August 2015

A Digital Single Market Strategy for Europe

Published 21st August 2015

Creating the right conditions and a level playing field for advanced digital networks and innovative services to flourish (official)

The Digital Single Market must be built on reliable, trustworthy, high-speed, affordable networks and services that safeguard consumers’ fundamental rights to privacy and personal data protection while also encouraging innovation. This requires a strong, competitive and dynamic telecoms sector to carry out the necessary investments, to exploit innovations such as Cloud computing, Big Data tools or the Internet of Things. The market power of some online platforms potentially raises concerns, particularly in relation to the most powerful platforms whose importance for other market participants is becoming increasingly critical.

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Reform of collective rights management in Russia

Published 18th August 2015

Russian ministry of communication (MinCom) has proposed to reform collective management in Russia as reported by vedomosti. MinCom prepares amendments to Russian Civil Code in order to abolish non-contractual collective management. Such amendments caused by imperfection of existing collective management system in Russia. The lack of transparency in a system of royalty collection, allocation and distribution and the lack of control over CMO for right holders are among the reasons why reform is necessary. MinCom wants CMO to work directly with right holders, i.e. under MinCom’ intention CMO, in order to manage someone’ rights, must conclude direct agreement with right holder. MinCom considers two possible ways of reform. The first is to abolish non-contractual right management. The second is more global: reduce commission rate (now it is about 40%) and appoint state organisation to collect private copying levy. According to deputy of minister of communication Alexey Volin, right holders are unhappy with current system of collective management. He thinks that it would be much better if author will have opportunity directly and at his own negotiate with CMO. It is not good, if the right holder is like serf and his rights are managed without his authorisation.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: non-application of private copying levies to professional users

Published 17th August 2015

While, in principle, all products capable of making copies of copyright protected content can be levied, the private copying levies must not be imposed on goods that are acquired for purposes clearly unrelated to private copying. This approach requires a distinction between transactions where a good is sold to a private user and transactions where a good is sold to a non-private user. The latter transactions must, in principle, not be subject to a private copying levy.

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Reforming of copyright in EU and considered policy options

Published 7th August 2015

Summary of Impacts of Option 3b

Territoriality and absolute territorial restrictions in licensing agreements

Under the “country of origin” principle, a service provider can use the licence in its country of origin (possibly obtained from a person holding the rights in that country only) in order to actively market content outside its country of origin as well. When rights are territorially fragmented, e.g. when different persons or entities hold the rights for different Member States, a service provider established in one Member States may therefore undermine the economic position of right holders in other Member States.

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