A new proposal has emerged to reform the management system for copyright and related rights. It was prepared by the largest Russian operators and media holdings -
Rostelecom ,
Megafon ,
VimpelCom ,
MTS ,
Air Telecom ,
TTK ,
CTC Media ,
Gazprom Media , and National Media Group (
NMG ).
They are in favor of restructuring the system and increasing the role of rightholders in it. “We propose to create a system consisting of a single catalog of rights, which will be maintained by a specially authorized state body — and the right holders themselves will be able to replenish this catalog. The second element of the system is rights management societies, both commercial and non-commercial, acting in the interests and on the instructions of the right holders, ”says Sergey Petrov, President of the Media Communication Union (
MKS ).
Nonprofit rights management societies are associations of rightholders acting strictly in their interests, they will be accredited by a special state body, Petrov continues. Commercial companies act for profit as intermediaries - their work will be regulated by a self-regulatory organization (SRO), and the responsibility is insured by contributions to this organization. At the same time, both of them will receive the right to accelerate the protection of rights entered into the catalog (contacting a government agency to block pirated websites), he stresses.
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MKS proposals may supplement the already published bill of the Ministry of Communications. This bill almost completely abolishes the unconditional collective management of copyright and related rights in Russia. “We believe that the implementation of the ISS proposals will contribute to increasing transparency in the field of rights management and the development of competition in the field of distribution of digital content on the Internet, as well as the growth of legal consumption,” explains the position of the Union Petrov.
Creating a registry is an alternative
to Mikhalkov's
“Internet tax” . Deputy Minister of Communications and Mass Media Alexei Volin criticized his proposal. One of the arguments about the "tax on the Internet" is the high likelihood of exorbitant costs for operators. They are unlikely to pay back, even within 10 years. And 80% of online cinemas, according to Volin, will generally close.
To get into a single register, the copyright holder must submit an application and pass the test. After registering the copyright holder in the catalog, he will be able to indicate the conditions for the use of content by third parties in the same place. The copyright holder can also publish a license agreement on the catalog page, which allows those who wish to obtain a license to use the content.
The creation of a single registry was approved by Dmitry Medvedev back in 2011. The Ministry of Communications and Mass Media has taken up this topic, and Rostelecom even won the ministry’s contract to develop a concept for such a system. Later, the prototype of the registry was created by the company
Muz.ru , but in the end the project did not take place.
However, the system developed by the ISS for managing copyright and related rights should affect all types of content and extend to almost all areas - the Internet and public reproduction on television, radio and in public places (in cafes, restaurants, concerts, etc.).
According to the union’s idea, the use of the existing model of work of accredited rights management organizations will be reduced to three areas - collecting remuneration for reproducing phonograms and audiovisual works for personal purposes (“tax on taxes” collected by Nikita Mikhalkov’s RSP), rights management for works of art and management of rights to "orphan" works,
write "Vedomosti".
That's what
thinks about rights management and global license.
Director General of the Russian Authors' Society, Sergey Fedotov:
There will be no more global licenses as proposed. The only mechanism is to do this together with the communications industry. We will deal with this topic in any case, since we represent the interests of a large number of authors who are not covered by the publishing industry, who have not transferred their rights to anyone, any production centers. In this sense, RAO is also a player along with publishers who protect the interests of their authors. It is in their interest that we tried to promote a global license. And I still think that they do not get enough of what they owe.
Now in Russia, the three largest organizations - the Russian Authors' Society (
RAO ), the Russian Union of Rights Holders (
RSP ) and the All-Russian Intellectual Property
Organization (
WIPO ) - manage copyright and related rights to musical works. They collect remuneration in favor of all authors and performers immediately, managing the rights on a collective basis and mostly without contracts with the owners of the rights. Their activities cover all areas except the Internet. In August, the president ordered the government to make their work more transparent.