On the pages of habr, often cited bills that relate to the Internet. But such an important bill as the “Draft amendments to sections I, II, III, VI, VII of the Civil Code of the Russian Federation prepared by the Council under the President of the Russian Federation on the codification and improvement of civil legislation” was not mentioned on the site.
For those who are not aware of the issue, I will explain - government agencies generate a lot of bills, many of which have no chance to go through all the steps of adopting a law and become part of current legislation.
With the bills that the Council on codification and improvement of legislation under the President of the Russian Federation creates, the situation is different - usually such projects are under the tutelage of the President and his administration, are adopted quite easily and with minimal changes in the process of passing the legislative instances. The project itself is very extensive, I would like to cite only those provisions that are directly related to the Internet and which clearly cause a lively discussion.
Major changes to Section VII of the Civil Code of the Russian Federation
2. Change in regulation of use of results
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intellectual activity on the Internet
- The concept of “Internet site” has been introduced, which is understood as “an aggregate of independent materials presented in an objective form, systematized in such a way that these materials can be posted on the Internet”.
- It is established that the author of the Internet site owns the copyright for the selection or arrangement of materials.
- The civil liability of the person performing the actions for transferring material on the Internet or posting material on this network (Internet provider) has been introduced.
It has been established that the Internet provider transmitting material on the Internet is not responsible for intellectual property infringements resulting from such transfer, subject to the following conditions:
1) the Internet provider does not change the specified material after its receipt, except for the changes made to ensure the technological process of transfer of material;
2) The Internet provider did not know and should not have known that it was illegal to use the corresponding result of intellectual activity or means of individualization by the person who initiated the transfer of material containing such result or means of individualization.
It is stipulated that an Internet provider providing services for placing materials on the Internet is not responsible for intellectual property infringements resulting from the placement of material on the Internet by the customer or at his instruction, subject to the following conditions:
1) the Internet provider did not know and should not have known that the use of the corresponding result of intellectual activity or the means of individualization contained in such material is illegal;
2) In case of receiving a written statement from a third party about infringement of intellectual rights as a result of placing such material on the Internet, the Internet provider took timely measures to eliminate the consequences of the violation of intellectual rights stipulated by the federal law on Internet providers.
Thus, the project establishes a balance of interests between the Internet provider and the copyright holder.
- Amending Art. 1233 of the Civil Code of the Russian Federation, in terms of the additional opportunity to dispose of the exclusive right, will simplify the use of intellectual property in information and telecommunication networks (including the Internet), since this will avoid the need to enter into licensing agreements when using the results of intellectual activity.
Full text of the bill can be viewed on the website Pravo.ru
docs.pravo.ru//document/view/5309470/4911310