Roskomnadzor can block domains in .ru and .рф zones under current and effective Russian law. But this blocking is effective in Russia, in other countries web-sites, included in black list in Russia, can be accessible. In order to make blocking faster and more effective, new idea to make Roskomnadzor’s authority broader has been proposed. Would it be better, if Roskomnadzor had authority to block domains worldwide without court order? Certainly it relates to domains in .ru and .рф zones.
Comments closedDekuzu Posts
Grigory Pirumov, deputy of Russian minister of culture, has written a letter to control office of presidential administration. In his letter he considered few issues relating to activity of Russian collecting societies. Right holders must receive royalties in accordance with actual usage of their musical works, statistical data is not suitable for these purposes. Besides, Russian CMOs have to distribute at least 75% of all collected royalties among right holders, whose rights are managed by CMO.
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Direct deals by consolidated music publishers are de facto anticompetitive, lacking in transparency and potentially harmful for songwriters. At the recent round of music licensing hearings before Congress, BMI addressed the issue of “interim licensing.” Both ASCAP and BMI have the ability to negotiate interim fees. While FMC acknowledges that the addition of interim licensing may be an equitable solution, any modification regarding interim licensing or fees must preserve direct payments to songwriters, the 50/50 splits, and promote greater transparency for the benefit of songwriters who require accurate royalty statements and services seeking clarity on what repertoire is available to perform. FMC, however, also acknowledges that interim licensing could shift the “holdout” problem, demotivating PROs to come to reasonable fee agreements. Combined with the proposals for mandatory arbitration, interim licensing could potentially leave songwriters and end-users in a dead-zone without any recourse, stuck with payments under new interim licenses and lacking any bargaining power to arrive at reasonable licensing through an equitable or meaningful grievance mechanism.
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Online intermediaries (official)
One of the key elements of the e-Commerce Directive (2000/31/EC), and one that has underpinned the development of the internet in Europe, is the principle that intermediary service providers (ISP) are not liable for the content of “illegal” information that they transmit, cache or host, provided that they do not modify the information or have actual knowledge of its illegality and act expeditiously to remove or disable access on becoming aware of it. This exemption from liability is sometimes referred to as the “mere conduit” exemption.
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“Panasonic Rus” ltd. filed claim to Moscow commercial court and asked to admit results of inspection under № 2/2014 20.03.2014, executed by Russian Ministry of Culture, and prescription of Ministry of Culture to eliminate revealed breaches of law from 20.03.2014 as illegal. Defendant contested plaintiff’s claim and stated that prescription is justified and in accordance with law. Defendant also stated that inspection in relation to plaintiff was executed in accordance with requirements of relevant regulations. After duly examination and taking into account all arguments and objections brought by parties, the court refused to admit results of inspection executed by Ministry of Culture along with its prescription to eliminate revealed breaches of law as illegal.
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Vedomosti reports, that Russian Authors Society (RAO), All-Russian Organisation of Intellectual Property (VOIS) and Russian Union of Right holders (RSP) will not unite in one big CMO. RSP withdrew relevant documents filed to Ministry of Justice. But what is the most interesting, RAO has no idea about merger of three accredited CMO. The only thing has been done is application to change the name of RAO – to add new words in name (trade union of creators). That’s all. According to RAO this application was made by the manager of VOIS. But according to Ministry of Justice this application was made by RSP.
Comments closedInstitute of Internet development, as reported RBC, an intermediary between industry and government, has its own plan to improve Russian segment of Internet (Runet). As reported Rambler, authors of this long-term strategy has upheld proposal of Russian ministry of communication (Mincom) to make prohibition for non-commercial organisations to collect royalties without direct agreements with right holders a law.
Comments closedDoes a Russian legislation provide such option for collecting society?
As reported Rapsi, Russian business man, CEO of “Desten PC” Ltd., was sentenced to one year and was amnestied after pronouncement of suspended sentence. Business man allegedly did not pay private copying levy. According to court decision, business man is guilty under part 2 article 165 of Russian Criminal Code (infliction of property damage to proprietor or possessor of property by way of breach of trust or deceit). Prosecutor requested 2 year suspended sentence. Business man also has obligation to pay two million roubles to Russian Union of Right holders.
Comments closedAn EU Action Plan (de)
The March 2014 European Council reaffirmed the importance of intellectual property as a key driver for growth and innovation and highlighted the need to fight against counterfeiting to enhance the EU’s industrial competitiveness globally. Intellectual Property Rights (IPR) are one of the principal means through which companies, creators and inventors generate returns on their investment in knowledge. The EU needs innovation and creativity to stay competitive relative to countries with lower labour, energy and raw materials costs, and must create the conditions that stimulate innovation so that European businesses can help us trade our way out of the crisis. This is why knowledge-based industries play a core role in the ‘Global Europe’ and ‘Europe 2020’ strategies. Marketed products, meant as goods and services, that do not respect the intellectual property created by others concern us all as citizens, consumers, businesses and taxpayers. Commercial scale IP-infringing activities dissuade investment in innovation and creativity and thus undermine job creation.
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