Ministry of Culture proposes to fine hosting sites for refusing to remove pirated content
On May 26, the Deputy Head of the Ministry of Culture, Grigory Ivliev, initiated the introduction of fines for refusing to remove pirated content.
It is proposed to take a fine from legal entities in the amount of 5 million rubles, and from physical entities - a million rubles. According to Ivliev, the copyright holder should be able to bring the online intermediary to administrative responsibility for the refusal to remove illegal content. Under the mediators are understood, first of all, the owners of hosting sites.
“From May 1, the rule is that if the copyright holder contacts the online mediator so that his resource contains material that violates his copyright, the Internet mediator is obliged to block access to such content. But as we can see, this provision has not yet had any effect, ” explained RBC Ivliev.
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According to the official, the current edition of the anti-piracy law does not allow for a reasonable time to achieve the removal of content through the courts. And under the threat of a fine, intermediaries will fulfill the requirements of the right holders much faster.
"Of course, we will still look at the results of the amendments, which entered into force on May 1, and maybe only our threat to fine Internet intermediaries will somehow affect the situation," Ivliev added.
The Director of Strategic Projects of the Internet Research Institute, Irina Levova, believes that the actions or inaction of Internet intermediaries cannot be considered the basis for imposing administrative responsibility for violation of an extrajudicial procedure.
The head of the Internet Video Association, Alexey Bardin, supports the initiative of the Ministry of Culture: “Until now, in an anti-piracy context, it was not even a question of collecting any fines or compensations from pirated websites or their owners, but it was possible. Pirates are not altruistic, they earn about $ 250 million annually, and, according to our estimates, about a quarter of this amount is the earnings of pirates targeting Russia. ”
"Megamind" wrote that on May 1 a new version of the anti-piracy law entered into force. If the court proves that the site has repeatedly posted a pirated copy of the content of the same right holder, then such a resource is waiting for "perpetual blocking". In addition, amendments came into force that extend the scope of the main law to such types of content as music, lyrics, software (photos are not included in this list).
Each owner of the hosting site is obliged to provide the copyright holder with a mailing address where you can send a complaint about illegal content. Upon receipt of a complaint, the owner must either remove pirated content within a day or prove its legal use. There are no material penalties for ignoring complaints from the right holder. Even if he goes to court, the owner of the hosting site will be given three days to delete. If during this time illegal content is removed, no penalties and penalties will follow.
On May 21, Megamind reported that rutracker.org and pleer.com could be blocked for three days. On May 19, the Moscow City Court established that they illegally posted the content of the companies of CJSC “S.B.A. Music Publishing and S.B.A. Production.
It is proposed to take a fine from legal entities in the amount of 5 million rubles, and from physical entities - a million rubles. According to Ivliev, the copyright holder should be able to bring the online intermediary to administrative responsibility for the refusal to remove illegal content. Under the mediators are understood, first of all, the owners of hosting sites.
“From May 1, the rule is that if the copyright holder contacts the online mediator so that his resource contains material that violates his copyright, the Internet mediator is obliged to block access to such content. But as we can see, this provision has not yet had any effect, ” explained RBC Ivliev.
')
According to the official, the current edition of the anti-piracy law does not allow for a reasonable time to achieve the removal of content through the courts. And under the threat of a fine, intermediaries will fulfill the requirements of the right holders much faster.
"Of course, we will still look at the results of the amendments, which entered into force on May 1, and maybe only our threat to fine Internet intermediaries will somehow affect the situation," Ivliev added.
The Director of Strategic Projects of the Internet Research Institute, Irina Levova, believes that the actions or inaction of Internet intermediaries cannot be considered the basis for imposing administrative responsibility for violation of an extrajudicial procedure.
The head of the Internet Video Association, Alexey Bardin, supports the initiative of the Ministry of Culture: “Until now, in an anti-piracy context, it was not even a question of collecting any fines or compensations from pirated websites or their owners, but it was possible. Pirates are not altruistic, they earn about $ 250 million annually, and, according to our estimates, about a quarter of this amount is the earnings of pirates targeting Russia. ”
"Megamind" wrote that on May 1 a new version of the anti-piracy law entered into force. If the court proves that the site has repeatedly posted a pirated copy of the content of the same right holder, then such a resource is waiting for "perpetual blocking". In addition, amendments came into force that extend the scope of the main law to such types of content as music, lyrics, software (photos are not included in this list).
Each owner of the hosting site is obliged to provide the copyright holder with a mailing address where you can send a complaint about illegal content. Upon receipt of a complaint, the owner must either remove pirated content within a day or prove its legal use. There are no material penalties for ignoring complaints from the right holder. Even if he goes to court, the owner of the hosting site will be given three days to delete. If during this time illegal content is removed, no penalties and penalties will follow.
On May 21, Megamind reported that rutracker.org and pleer.com could be blocked for three days. On May 19, the Moscow City Court established that they illegally posted the content of the companies of CJSC “S.B.A. Music Publishing and S.B.A. Production.
Source: https://habr.com/ru/post/290980/
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