Preluăm (traducere proprie, scuzați stângăcia) un articol foarte interesant publicat în ziarul IZVESTIA , trâmbița oficială a puterii de la Kremlin. Articolul ne prezintă o inițiativă legislativă interesantă a președintelui Putin- care se știe, e un admirator din umbră a Partidului Pirat..Rămâne de văzut ce cuvinte de răspuns vor găsi lobarii de la holivuud și imensa industrie juridică care trăiește atât de bine de pe urma afacerii „copyright”:
Anti-piracy collection – 25 rubles (aprox.0,5$) a month per subscriber
At the end of October it became known that the copyright in the audiovisual and textual content in the Internet may be reversed. President Vladimir Putin introduced the concept of global licenses. It involves the fees for each Internet user regardless, it downloads illegal content or not. The collected funds will be distributed among the holders in proportion to the use of their content, based on the analysis of Internet traffic. Sergei Fedotov – one of the developers of the concept of global licenses, the General Director of the Russian Union of rights holders (RBC engaged on a 1% levy on producers of gadgets) – told „Izvestia” on some financial and legal details of the proposed system.
In some other countries of the global mechanism of the licenses was discussed – but nowhere until used. What prevented other States to use it?
– World experience in the fight against infringements of intellectual property rights on the Internet shows that the problem of piracy requires a systematic and comprehensive solutions. Recently, many governments are increasingly recognizing the need to combat piracy, not by compulsion to renounce the use of illegal content, and by implementing new business models.
Of the most interesting may be noted the development of Stanford Professor William Fisher to create alternative models of licensing music, movies, and other objects within the content sharing in a global network called Digital Media Exchange (DMX), as well as suggestions of the former head of the British Department for radio, television and communication enterprises Richard Hooper on complex transformation of legal regulation of intellectual property rights in the digital sphere.
The main idea of these proposals is that, giving part of the payment for Internet traffic as payment for the use of others ‘ intellectual property, the digital network user gets unlimited access to the content. All attempts to implement these proposals in the framework of the European Union faced the eternal problem of lobbying by each country of its interests, and in such circumstances, to realize such a concept is impossible.
Launching of the first cosmonaut, our country was led by foreign experience – and yet he caused the whole world to admire us and respect us. Implementation of the concept can become a real breakthrough in the sphere of protection of intellectual property rights, and Russia is the first country in the world, where would operate an effective mechanism governing the circulation of digital content on the Internet.
Concerning the payment previously sounded figure $1-3 per subscriber per year. True if this count? With 240 million cellular subscribers (many people have more than one SIM card) and a couple of tens of millions of subscribers wired Internet revenues from the new collection can be on the order of $300-800 million per year.
– The cost of a license for a single connection to the Internet, mobile phone or Internet, will be 25 roubles a month, that is 300 rubles per year. According to available statistics, about 5% of the average cost of each subscriber on the Internet.
What do you get for 25 rubles a month? You have the right freely and lawfully be used for personal purposes, including to obtain, distribute, share, share – absolutely any content that is not excluded from the system of global licensing. For example, in iTunes [store content American Apple] one movie costs an average of 150 rubles, one music album – 100 rubles. And for this amount we will acquire only the right to watch or listen to this movie and the music in the family. The opportunity to share favourite movie or song, for example on his page in the social network, is not legally provided for and will be classified as Internet piracy.
Global license offers Russian customers for many times less charge unlimited access to the world’s cultural diversity – music, movies, books, television shows, without restricting their natural desire to share with others your emotions and cause them to works of art.
On your data, how are the holders of the Runet in the year? Money they will get bigger or smaller?
Today the Russian legal digital music market, cinema and literature does not exceed $200 million per year. Global license is approximately $850 million, this growth of national digital market media more than 4 times.
– 300 rubles per year with 260 million subscribers – get 78 billion rubles, or about $1.5 billion (notional rate of 50 rubles per dollar). Are there any some exceptions for those mobile subscribers who do not use Internet?
In fact, the global payment licenses related to payment for access to the Internet: through the operator, the contract for provision of access to the Internet, the subscribers get on the terms of a non-exclusive license the free exchange of music, film and video, and books online.
Therefore, the mechanism of global licensing will not apply to those subscribers of mobile communication in which the mobile Internet service is disabled.
In Russia at the present day, about 100 million subscribers of mobile Internet and about 30 million subscribers to broadband. Accordingly, the gross income of the holders in the system of global licensing will be about 39 billion per year.
– I have Internet at home and still have two active SIM cards. It turns out that I have to pay three times.
„Yes, you in this case pay three times for the Internet. If you have a mobile phone and switched off the mobile Internet, and connect to the Internet only via WI-FI at work, then you pay one time. If you have a home Internet WI-FI, and 3G on the phone, over the Internet and global license you pay twice.
– You mentioned that, according to the concept, the fees cover the private use means, for commercial use will have to pay and negotiate directly with the copyright holder. And does this mean that well known 1% fee for reproduction for personal purposes, which is paid by manufacturers and suppliers of various equipment becomes redundant?
Global licensing will be valid regardless of whether for commercial purposes use of content or personal.
As to the ratio of the areas of „private copying” and global licenses with respect to the user – a natural person, the sphere of „private copying” includes the right to copy to your computer, phone or stick any work exclusively for personal use, while global license gives that user the right freely and without restriction to share media content in the Network.
– If at first Treaty on the global licenses will sign only one holder, the entire amount of the fees will go to him alone? Or from the start will start to divide the money between all the holders, hoping that later they can join the system?
The collection of remuneration for global licenses will be able to deal only with accredited by the state organization for collective management of rights. Along with managing the rights of those holders with whom it had entered into agreements, such organization will collect remuneration for the holders, with whom she has such agreements are not concluded.
While the right holder may at any time withdraw the rights belonging to him from the accredited management organization and to manage and protect their rights online.
– If the fee is collected by default in favor of all owners, present in the Russian anti-piracy legislation needs to be changed? If the Russians through the Telecom service providers have already paid for the content on all the sites on the world wide web, therefore, should not be blocking websites for counterfeit lawsuits to sites, etc. to those of holders that will refuse to cooperate with accredited management company will have less tools for self-protection. Then the bill on global licenses should go in the package with the abolition of a number of provisions of the civil code, and other Koopa
– Existing legislative acts, including „anti-piracy law” [2 July 2013, No. 187-FZ], as well as any proposed initiatives only restrict access to illegal content. This approach is effective in controlling individual blogs, media, or Internet resources, but violations of intellectual property rights is performed daily by millions of users, are so massive that no mechanisms prohibitions and restrictions are not able to rectify the situation.
Global license allows you to solve these problems. For owners wishing, as before, to independently dispose of their works or phonograms, „anti-piracy law will remain the main instrument of protection. Such intellectual property rights will be withdrawn from the free circulation in the digital environment and will be available only with the owner’s consent on his terms.
The concept of global licensing and anti-piracy legislation does not contradict, but complement each other and ensure protection of intellectual property rights on the Internet when a holder of one or another variant of their implementation. It is worth noting that global licensing is cost-effective for owners.
– If the pirate sites will not be prosecuted, would it not lead to death, legal resources, such as paid online cinemas? Why consumers to pay money or to watch ads if the neighboring site is the same for free and legally?
With the adoption of the concept of global licensing online services will no longer be producing royalties directly to the copyright holders and license payment will be included in the cost of Network access and the right to distribute digital content on the Internet will be made available to users automatically at the conclusion of the contract with the service provider.
Further competition between services, including Internet-cinemas, will not be based on speculative trade content, and to providing the best service at the lowest price. And given that the cost of digital services is minimal, we can confidently predict that the value of the content posted on their sites, drastically reduced, and in some cases, when services will be to earn advertising model, the content will be actually free.
Network user who has access to the works or phonograms through a paid resource, will not pay for the right to download or view, and for providing this resource service is a convenient interface, quick search, bind to the mobile device, a personal office, etc.
Many film companies want to adjust the timing of their movie online. For example, to the novelty has appeared on legal sites only a few weeks after the premiere in theaters. Otherwise, fees for tickets will decrease. Termination of the prosecution of pirates, deprives the copyright holder the ability to regulate the terms online premiere. How can that be?
As you remember, the licensor may at any time withdraw the rights belonging to him from the accredited management organization, ceasing in respect of the seized products global license, and to manage and protect their rights. At the same time, the rightholder may likewise at any time to return the seized works in the system of global licensing.
In relation to the release of the film production company will be able to adjust the timing of their free emergence of the Internet, in a timely manner by excluding such films from the global license for the period of hire.
As foreign by the Russian sites? Because foreign providers will not pay fees to their clients. In the end, the aliens will be to watch a film on Russian sites without any compensation. From the point of view of foreign justice they become pirates. This can lead to a large number of claims to the Russian sites.
Even in the conditions of transboundary Internet digital content, which today provides access to various web sites (ivi.ru, now.ru, YouTube etc), has a territorial limitation to the users.
If your Internet service has a license to distribute content only on the territory of the Russian Federation, this service installs the necessary technical conditions, allowing access to digital content only for Network users located in the territory of the Russian Federation. Technologically this „filtering” of users is through the identification of their IP addresses.
Global license will be based on a similar principle – the user posting any content, such as YouTube, limits the geographical area the boundaries of the Russian Federation. For users outside the territory of Russia, Internet services will continue to use the traditional licensing model, when in the cost view or download, it will be included royalty in favor of the copyright holder.
It is worth noting that the concept of global licensing will allow to solve the problem of reverse straddling – when the „pirate” content located on servers outside the Russian Federation. Currently, in such cases, the protection of intellectual property rights is extremely difficult, and the holder does not receive any remuneration. When this content will be used by consumers on the territory of the Russian Federation on the global license, the owner will receive compensation for any such use.
– Who will make the same Russian YouTube user when publishing video to limit its distribution?
We can’t use the Russian legislation to regulate the use of objects of copyright and related rights outside of our country. Abroad operates its legislation in the field of intellectual property, which is based on the traditional licensing mechanisms and protection of copyright and related rights on the Internet. And the user, and YouTube in this case must comply with the requirements of such legislation.
– Representatives of the film industry have expressed an opinion that may not be the same reward for watching the premiere of Thriller and created half a century ago of the film. How to solve the problem?
– Since there is no clear and unambiguous criteria for evaluating works from the point of view of their artistic value, the public utility, the market value of the works as an intellectual product, in the framework of the global licensing and distribution of remuneration between right holders will be based on the principle of equality. This means that the size of the economic benefits – compensation – owner from the use of its own intellectual activity results are not contingent on appraisal and subjective concepts: „elite”, „relevance”, „entertainment”, etc.
The income of each owner will depend on the popularity of the owned content among Network users, the more users share those or other works and phonograms (browsing, downloading, spread in social networks and so on), the greater the amount of remuneration to be received by the holder of the rights to them.
– Representatives of the film industry doubt the possibility to create a system that keeps count of the number of views of all the films in the world, the number of times all created music, etc.
– The level of modern telecommunications technology to create such a system, although, of course, this is a very ambitious and challenging work. Hardware and software will work with a mirrored copy of the media traffic. Select the media traffic from the General flow is possible even without the use of expensive DPI equipment (Deep Packet Inspection) – for example, through tracking headers of Internet packets. While the Department of media traffic allows you to completely eliminate the possibility of control of personal information and personal identification of the user.
Then, after the „unfolding” of packet data are merged into a single file, which is converted into a unique code-print. Server indexing and search compares the received fingerprint with a reference database of digital fingerprints (registry) and captures data about the use of the identified object. Replenishment of the registry will be undertaken independently by the copyright holders and using digital search engines.
By the way, how are you going to charge money for excerpts? For viewing a 10-minute snippet of the film holder will pay the same as for viewing the entire film – or less?
Legal protection extends not only to the work or phonogram in General, but also on their individual parts. This eliminates the possibility of applying different „bonus” distribution systems of remuneration (for example, „if the works of a particular author used more than 10 minutes, then his reward is increased by 5%”). The reward will be distributed for each recorded the fact that the use of the works or part thereof.