Legal Department
The VR offers to block pirated content on the Internet
The Verkhovna Rada included the draft law on state support of cinematography. For the adoption of the bill 3081-d voted 234 deputies.
The widespread use of the Internet creates not only new opportunities but also several challenges regarding protection of intellectual property rights.
Bill No. 3081-d on state support of cinematography, which was taken as a basis on 28 January, not only regulates the mechanism of state support of Ukrainian cinema, but also innovations in the fight against piracy on the Internet.
First of all, were clarified and defined new terminologies, particularly the words "website" and "site address", "platform", "the owner of the site/platform", "hyperlink", "digital information", "electronic (digital) copy of object of copyright and (or) related rights", "local area network", "account", "supplier of technical services storage (hosting)", "server", and others.
Site owners, multi-user platforms, local area networks, servers and service providers technical storage (hosting) are required to post on their sites and in the WHOIS service relevant registries of Internet addresses with information about yourself - location (address for correspondence), telephone number and email address and other information sufficient for filing a lawsuit in court.
A person whose copyright is violated in the Internet, may contact the violator to cease the violation. The person receiving the request must:
- not later than 24 hours from receipt of requirements, remove or prevent access to illegal content;
- not later than 48 hours after receiving the request, notify about the taken actions the subject with a copy of the provider of the hosting, provider, and others.
It is possible to refuse to remove the information if the site owner can provide documents about the ownership of intellectual property rights on the disputed content.
From the service provider, hosting provider, and the like can be required:
- provision for 24 hours of reliable and valid data about the owner of the infringing site in an amount sufficient to refer to the court;
- the removal or establish the impossibility of access to information or reference.
Pay attention that in case of refusal to remove the content, the subject of the copyright may apply to the court and obtain a decision to close access to the secured claim. In this case, all such claims are scheduled to review in the courts of Kyiv.
The bill, moreover, will contribute to the increase of volume of produced in Ukraine movies, including national films and their broadcast on TV channels; to increase the share of Ukrainian films in the box office of Ukraine.
This solves some problems of the domestic film industry. First, the law allows on 50 percent to Finance the TV series. Secondly, help to attract foreign investor and domestic, through the return of qualified part costs. This is an innovation, which, however, operates in the neighboring countries a long time ago. Thirdly, it solves the issue of support for distribution network in cinemas. This allows to increase the number of sites for demonstration of domestic films.
The widespread use of the Internet creates not only new opportunities but also several challenges regarding protection of intellectual property rights.
Bill No. 3081-d on state support of cinematography, which was taken as a basis on 28 January, not only regulates the mechanism of state support of Ukrainian cinema, but also innovations in the fight against piracy on the Internet.
First of all, were clarified and defined new terminologies, particularly the words "website" and "site address", "platform", "the owner of the site/platform", "hyperlink", "digital information", "electronic (digital) copy of object of copyright and (or) related rights", "local area network", "account", "supplier of technical services storage (hosting)", "server", and others.
Site owners, multi-user platforms, local area networks, servers and service providers technical storage (hosting) are required to post on their sites and in the WHOIS service relevant registries of Internet addresses with information about yourself - location (address for correspondence), telephone number and email address and other information sufficient for filing a lawsuit in court.
A person whose copyright is violated in the Internet, may contact the violator to cease the violation. The person receiving the request must:
- not later than 24 hours from receipt of requirements, remove or prevent access to illegal content;
- not later than 48 hours after receiving the request, notify about the taken actions the subject with a copy of the provider of the hosting, provider, and others.
It is possible to refuse to remove the information if the site owner can provide documents about the ownership of intellectual property rights on the disputed content.
From the service provider, hosting provider, and the like can be required:
- provision for 24 hours of reliable and valid data about the owner of the infringing site in an amount sufficient to refer to the court;
- the removal or establish the impossibility of access to information or reference.
Pay attention that in case of refusal to remove the content, the subject of the copyright may apply to the court and obtain a decision to close access to the secured claim. In this case, all such claims are scheduled to review in the courts of Kyiv.
The bill, moreover, will contribute to the increase of volume of produced in Ukraine movies, including national films and their broadcast on TV channels; to increase the share of Ukrainian films in the box office of Ukraine.
This solves some problems of the domestic film industry. First, the law allows on 50 percent to Finance the TV series. Secondly, help to attract foreign investor and domestic, through the return of qualified part costs. This is an innovation, which, however, operates in the neighboring countries a long time ago. Thirdly, it solves the issue of support for distribution network in cinemas. This allows to increase the number of sites for demonstration of domestic films.