Not only Russian copyright, broadcast and digital law
Recently the Russian ministry of culture has proposed to oblige online cinemas to share statistics showing how many times the movie has been streamed. This proposal could benefit right holders as they would know how for sure how many royalties they should receive. But this idea is not welcomed by online cinemas themselves. They have express their concerns in the letter to the deputy of minister of culture.
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The Russian ministry of culture intends to oblige online cinemas to provide data on each run of movie, in other words the ministry wants to know how many times the movie was streamed. The declared purpose of this legal proposal is simple check how effective the Russian budget supports the Russian movie industry. The real purpose is prosaic and old as this world – the authorities want to know where the money flow.
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The Russian television channel (The First Channel) produces a television program famous in Russia. The program is called “What? Where? When?” where the experts answers the questions asked by the viewers. The program consists of certain amount of rounds. Between these rounds there is musical pause. In one episode of this program, during musical pause, the group of musicians has performed the song. The programs has been broadcasted and then uploaded to the web-site of the channel.
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What is the current situation for online transmission and retransmission of television and radio programmes?
Broadcasters are increasingly offering their broadcasts online (for instance through their simulcasting or catch-up services). However, such online programming often remains unavailable in other Member States, even if there is interest abroad to access it. The clearance of rights for such uses can be particularly burdensome: a broadcaster needs to obtain authorisations from various rightholders, for different categories of works and other protected content, and separately for every Member State, where the programme will be available online.
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Seven months after new rules against unjustified geo-blocking began to apply, general consumer awareness of the new rules against restrictions for online shopping and cross-border sales is already high. A Eurobarometer survey shows that just a few months after the new rules on geo-blocking started to apply, 50% of EU citizens are generally aware of EU action to tackle unjustified discrimination by traders.
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They want exactly know what the people like, what they consume and how internet platforms can influence them. The task is not so simple, but this idea has been discussed with major media and IT companies. The executives from Russian president’s administration and relevant officers discuss idea to create the single and unified system able to truck each view of content or advertising by the internet user in Russia. The major Russian television and internet companies have been involved in these discussions, but there is no final idea how such tracking would be organized and deployed.
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The Russian accredited collecting society (CMO) collecting royalties for copyright in musical works has sued Russian cinema holding, seeking royalties for synchronization right. RAO has proposed cinema holding to conclude agreement for synch right, but the cinema has refused. Therefore RAO has filed suit. In the suit CMO has placed the list of audiovisual works and one author to each relevant AV work.
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The Russian ministry of culture (MinCult) has drafted the law providing amendments to the Russian administrative code. These amendments made camcording punishable and provide liability therefore. The aim of the draft law is to eliminate the main resource of piracy – the camcording. Many believe the pirates get movie releases only from cinemas because very often the right holders find in internet the leaked movies of cam quality.
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Russian movie theatrical distributor has filed complaint to Russian constitutional court in order to challenge the rules for theatrical distribution. The distributor believes these rules are of censorship nature. The complaint states on violation of freedom and rights by the actions of Russian ministry of culture (MinCult). MinCult has the rights to shift release dates almost of any film in Russia or repeal the permission for theatrical distribution at all.
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Publicly available channels are to be distributed through so called “one window” in internet according to the new recently proposed draft law. Other web-sites, which don’t participate in “one window scheme”, are to be blocked. There is already the candidate to be such “one window” operator. The draft law aims to create the single system of legal distribution for 20 publicly available channels. This system should be launched from 2020.
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