Not only Russian copyright, broadcast and digital law
This time it is much more seriously. Not only business activity of accredited collecting society is in the field of interests of Russian law enforcement authorities, but also top management of organisation get their attention. Now not only Russian ministry of internal affairs but also Russian Federal Security Service (FSB) try to find out all aspects of very old issue.
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An all-encompassing IPR Policy will promote a holistic and conducive ecosystem to catalyse the full potential of intellectual property for India’s economic growth and socio-cultural development, while protecting public interest. The rationale for the National IPR Policy lies in the need to create awareness about the importance of IPRs as a marketable financial asset and economic tool. The Policy lays down seven Objectives which are elaborated with steps to be undertaken by the identified nodal Ministry/ department.
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Russian state would limit commission taken by accredited by state collective management organisation from royalties collected under compulsory licencing regime. There is no details how it should be done, but the common idea it clear – accredited by state CMO will make on right holders lesser monies than earlier.
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Copyright gives creators a monopoly over their own works; rightsholders licensing their works individually have the right to charge whatever they choose, and would not be subject to any restriction on their licensing practices or prices. There is no legal or regulatory restriction on the right of any individual composer to operate in this manner today. Composers and music publishers have chosen, however, to organize themselves into Performing Rights Organizations or “PROs.” The PROs (ASCAP, BMI and SESAC) offer “blanket” licenses that convey to broadcasters and other users the right of public performance to the works of thousands of individual composers at a single price. We would not allow wheat farmers or law firms to band together and offer access to their products only on a package basis at a fixed price, because we expect that if they did so they would insist on higher prices than each could get on their own.
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Russian ministry of culture (MinCult) proposed to fund Russian cinematography at the expense of television channels (broadcasters), movie exhibitors (online and traditional cinemas). Russian broadcasters, cinemas and media companies already acquire rights in content, including those produced in Russia, they fund Russian cinematography already and don’t want to pay more.
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The development of new digital technologies, behavioural patterns and business models is challenging the status quo and raising questions about how platforms function within the Digital Single Market. The European Commission is rightly emphasising the importance of this issue and collecting evidence as the basis for a comprehensive analysis of the role of online platforms within the Digital Single Market Strategy.
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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 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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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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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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