Not only Russian copyright, broadcast and digital law
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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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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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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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 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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Trade secrets are one of the most commonly used forms of protection of intellectual creation and innovative know-how by businesses, yet at the same time they are the least protected by the existing Union legal framework against their unlawful acquisition, use or disclosure by other parties.
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Infringement of IP rights in the music sector can occur through physical or digital channels (for instance, through the purchase of fake CDs or downloading of illegal content). This sectorial study analyses the effect of piracy on the recorded music industry, independent of the format independently of the infringing good or service. Survey revealed that although citizens recognise the value of IP in principle, they tend to justify their infringements as a consequence of individual circumstances as opposed to the recognition of the principle.
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The Act clarifies that WLAN operators are access providers as defined in § 8 TMG. This does not result in any changes in the existing legal position for service providers which offer access to a communications network in accordance with the TKG (Telekommunikationsgesetz, Telecommunications Act). The obligations on these service providers resulting from the TKG continue to apply. In addition, the principle which has already been developed in case-law is codified that holders of WLAN connections are not to be held liable as interferors if they have fulfilled reasonable obligations in order to prevent rights violations. The Act (de) serves to specify the requirements placed on service providers which provide access to the internet via WLAN, irrespective of whether this is for commercial purposes. If the provisions of the Act are obeyed, it is assumed that the WLAN operator has taken the precautions which are reasonable for them in order to prevent third parties from violating rights. In such cases he will not be held liable as the interferor for omission or removal and can also not be warned to desist. The stipulations mentioned in the Act can generally be fulfilled by WLAN operators. However, this does not exclude operators, in certain cases, from also being able to carry out their obligations through other reasonable means. The Act also cites various situations in which it can be assumed that the host provider will be aware of an unlawful act.
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