Against the backdrop of the role of user uploaded content services in the communication to the public of protected content, the establishment of an obligation to deploy technical means will have a positive impact on right holders.
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Category: Communication to the public
Due to its voluntary nature, it seems unlikely that stakeholder dialogues will result in sufficient improvements in the take up, efficiency and transparency of technologies in comparison to the possible evolution of the market.
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Impact on creative industries’ and right holders’ capacity to control better the availability of their content on user uploaded content services and thereby negotiate with the services the conditions of such use: as the implementation by the services of technologies, such as content identification technologies, will remain voluntary and based on the terms set by the services, it is likely that the baseline scenario will not lead to improvements for rightholders who are likely to continue having difficulties to enter into negotiations and/or negotiate fair terms for the use of their content.
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No policy intervention. This option would rely on the voluntary deployment of technologies by user uploaded content services, which will continue to apply their own terms and level of transparency as to the functioning of the technologies.
Comments closedIt is a problem, because rightholders have no or limited control over the use and the remuneration for the use of their content by services storing and giving access to large amounts of protected content uploaded by their users.
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A substantial part of the law on copyright in the UK is derived from EU law. There are 11 EU Directives all of which have been implemented by the UK. The purpose of the Directives is to harmonise the copyright frameworks in Member States, by reducing national discrepancies and maintaining a level of protection which encourages creativity and enables consumers from across the EU to access services.
Comments closedRussian IT company Yandex settles copyright dispute with audiovisual right holders belonging to Russian major media company Gazprom Media. Earlier right holders have sued Yandex for copyright infringement. In parallel they negotiated with IT company antipiracy memorandum. Finally IT company and right holders have signed it. One of condition to sign memo was dropping the lawsuit against Yandex.
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By its three questions (1, 2, 3), which should be examined together, the referring court asks, in essence, whether, and in what possible circumstances, the fact of posting, on a website, a hyperlink to protected works, freely available on another website without the consent of the copyright holder, constitutes a ‘communication to the public’ within the meaning of Article 3(1) of Directive 2001/29.
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The prosecutor’s office has waived to proceed the criminal case in relation to owner of online library “Librusec”. “Librusec” is known as online library of literary works. On this resource different literary works have been published and available for downloading for certain payment. Uploading of works on this web-site was not authorized by right holders, at least in relation to works of major publishing houses.
Continue readingThe owner of “pirated” librusec is not guilty “pirate”, the prosecutor’s office says
Comments closed Russian major right holders – media companies producing and distributing audio-visual content – discussing the opportunity to delete links to web-sites with illegal video content from search results without court order or any court participation; such opportunity could be realized in the form of voluntary agreement or memorandum obligatory for all its participants.
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