Ministry of Culture has prepared a new draft law on online piracy. In contrast to the law developed by deputies of the State Duma, which came into force on August 1, it will cover not only the films, but also to all the objects of copyright and related rights – pictures, photos, music, texts, etc. The draft law “On Amendments to Certain Legislative Acts of the Russian Federation in order to stop violations of copyright and related rights in the information and telecommunications network Internet” is at the disposal of “Izvestia».
proposed to supplement the law “On Information, Information Technologies and Protection of Information” requirement placed on any site on the web address of ordinary and / or e-mail address of the owner. At this address holders will guide the application of a violation of their rights. For the same purpose at all sites should appear in a special “form” for complaints.
– This will allow the holder to reduce the time of petition, as well as the time spent on the search for an address, – said the press service of the Ministry of Culture. – This requirement will apply only to sites located in the jurisdiction of the Russian Federation.
According to the ministry, the statement will have to specify a specific list of information – for example, the contact details of the applicant. The absence of one of the mandatory items will allow the site owner does not respond to treatment.
– List of information and the way of a declaration has to be further developed and discussed, – assured the Ministry of Culture.
– We have a lot of people with a keen sense of justice who wrote the complaint anywhere. Now there are online writing, – says the head of the legal department coordination center for TLD Sergey Kopylov. – But to understand whether or not the one who sent the letter, is the owner, it will be difficult.
Under the project, 24 hours after receipt of the application site owner to block access to illegal posted information. If measures are not taken, Roscomnadzor at the request of copyright owner (or authorized representative) shall decide on the suspension of access to the site.
The owner of the site will be obliged to inform the user that posted the illegal content of the violation and to send him a copy of the application owner. The user can send an objection in response – a website owner will forward it to the applicant. This access to the page with the disputed information would still be locked. At least 14 days, and if at that time the applicant will go to court – before the entry into force of a judicial act.
– Confirmation of going to court – it’s just a stamp on the form of the statement of claim. The court may return the claim, for example, because it does not conform to the law. Or it can leave without movement. But the proof of application to the court is already there, and the content will be blocked for a long time – says Kopylov. In his opinion, should be extended only in case of blocking a judicial determination of the initiation of proceedings.
is proposed to extend the same rights to the site with links to unlicensed content.
– Hello search engines, social networks and forums. All search engines have difficult, because the references to built their business. A change search – there are millions of dollars of costs in favor of rights holders. And since most of the links posted in the comments predmoderatsii bill requires all user – says Kopylov.
The Code of Administrative Violations of the Ministry of Culture proposes to add an article entitled “Violation of the order restricting access to the information in the event of a breach of copyright and related rights.” Site owners and hosting providers will face a fine: citizens – 300 thousand rubles, officers – 600 thousand rubles for legal entities – 1,000,000 rubles.
According to the analyst Irina RAEC leva will be held on Friday, the discussion of this bill. By this time the big Russian Internet companies prepare their amendments and proposals that will be submitted to the Ministry of Culture.
– In our opinion, the search engines do not require a separate regulation, because the reference to a deleted or blocked by the material loses its relevance – said leva. According to her, the idea of ??the bill the government has planned for December, the Ministry of Culture, and the agreed version of the text agency wants to get in August.
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