Online Cinemas and TV Channels Oppose State Duma’s Proposal to Use Foreign Copyrighted Content Without Permission

In April this year, the State Duma submitted a bill proposing changes to the 46-FZ of March 4, 2022. The bill would allow translation, public display, reproduction and distribution of copies of works with exclusive foreign rights to them without permission, but with payment of remuneration. All reports on the use of works must be submitted to an authorized organization for the collection and distribution of funds.
The bill also proposes that the government determine the list of owners of the exclusive right to works whose actions (inaction) lead to the unavailability of the work in the Russian Federation.
Problems with film distribution in Russia have been observed against the backdrop of a special military operation, since after it began, many Western film companies and streaming services, including Disney, Warner Bros, Netflix and Sony Pictures, suspended the work and distribution of their content in Russia.
In mid-June, representatives of the Media Communications Union (ISS, unites Channel One, Rostelecom, MTS, Tricolor, All-Russian State Television and Radio Broadcasting Company, Gazprom Media, and so on) sent a letter to the head State Duma Committee on Economic Policy Maksim Topilin. The letter states that the draft law on the use of works by foreign copyright holders without their permission violates the interests of specialized market participants and may lead to “the termination of their activities.”
“It also creates the risk of using this mechanism to legalize and popularize pirated resources, which will negatively affect domestic producers and owners of exclusive rights to content,” the authors of the document write.
The ISS proposed a number of amendments to the bill. In particular, the union insists on the rejection of an intermediary to raise funds. So if with foreign rights the owner has a concluded license agreement, it is the Russian licensee that should be given the right to decide whether the work is inaccessible, the document says.
Representatives of the union also propose to give access to content not to everyone, but taking into account “mandatory” license agreements in force on February 24, 2022. For example, if the content is not legally available anywhere, but is available on Kinopoisk, it cannot be distributed without permission. As an industry source explained to reporters, “That is, as long as the film is on at least one platform, it is forbidden to ‘pirate’ it.”
The bill was not supported by the Committee of the Federation Council on constitutional legislation and state building. Thus, according to journalists, the text of the committee’s response dated June 14 states that it is not clear from the bill what measures will be taken to protect the rights of copyright holders.

Online Cinemas and TV Channels Oppose State Duma’s Proposal to Use Foreign Copyrighted Content Without Permission

In April this year, the State Duma submitted a bill proposing changes to the 46-FZ of March 4, 2022. The bill would allow translation, public display, reproduction and distribution of copies of works with exclusive foreign rights to them without permission, but with payment of remuneration. All reports on the use of works must be submitted to an authorized organization for the collection and distribution of funds.
The bill was proposed as a response to the problems with film distribution in Russia, which have been observed against the backdrop of a special military operation. After it began, many Western film companies and streaming services, including Disney, Warner Bros, Netflix and Sony Pictures, suspended the work and distribution of their content in Russia.
In mid-June, representatives of the Media Communications Union (ISS, unites Channel One, Rostelecom, MTS, Tricolor, All-Russian State Television and Radio Broadcasting Company, Gazprom Media, and so on) sent a letter to the head State Duma Committee on Economic Policy Maksim Topilin. The letter states that the draft law on the use of works by foreign copyright holders without their permission violates the interests of specialized market participants and may lead to “the termination of their activities.”
“It also creates the risk of using this mechanism to legalize and popularize pirated resources, which will negatively affect domestic producers and owners of exclusive rights to content,” the authors of the document write.
The ISS proposed a number of amendments to the bill. In particular, the union insists on the rejection of an intermediary to raise funds. So if with foreign rights the owner has a concluded license agreement, it is the Russian licensee that should be given the right to decide whether the work is inaccessible, the document says.
Representatives of the union also propose to give access to content not to everyone, but taking into account “mandatory” license agreements in force on February 24, 2022. For example, if the content is not legally available anywhere, but is available on Kinopoisk, it cannot be distributed without permission. As an industry source explained to reporters, “That is, as long as the film is on at least one platform, it is forbidden to ‘pirate’ it.”
The bill was not supported by the Committee of the Federation Council on constitutional legislation and state building. Thus, according to journalists, the text of the committee’s response dated June 14 states that it is not clear from the bill what measures will be taken to protect the rights of copyright holders.

Online Cinemas and TV Channels Oppose State Duma’s Proposal

The State Duma submitted a bill in April this year proposing changes to the 46-FZ of March 4, 2022. The bill would allow translation, public display, reproduction and distribution of copies of works with exclusive foreign rights to them without permission, but with payment of remuneration. All reports on the use of works must be submitted to an authorized organization for the collection and distribution of funds.
This bill was proposed as a response to the problems with film distribution in Russia, which have been observed against the backdrop of a special military operation. After it began, many Western film companies and streaming services, including Disney, Warner Bros, Netflix and Sony Pictures, suspended the work and distribution of their content in Russia.

Media Communications Union Opposes the Bill

In mid-June, representatives of the Media Communications Union (ISS, unites Channel One, Rostelecom, MTS, Tricolor, All-Russian State Television and Radio Broadcasting Company, Gazprom Media, and so on) sent a letter to the head State Duma Committee on Economic Policy Maksim Topilin. The letter states that the draft law on the use of works by foreign copyright holders without their permission violates the interests of specialized market participants and may lead to “the termination of their activities.”
“It also creates the risk of using this mechanism to legalize and popularize pirated resources, which will negatively affect domestic producers and owners of exclusive rights to content,” the authors of the document write.
The ISS proposed a number of amendments to the bill. In particular, the union insists on the rejection of an intermediary to raise funds. So if with foreign rights the owner has a concluded license agreement, it is the Russian licensee that should be given the right to decide whether the work is inaccessible, the document says.
Representatives of the union also propose to give access to content not to everyone, but taking into account “mandatory” license agreements in force on February 24, 2022. For example, if the content is not legally available anywhere, but is available on Kinopoisk, it cannot be distributed without permission. As an industry source explained to reporters, “That is, as long as the film is on at least one platform, it is forbidden to ‘pirate’ it.”
The bill was not supported by the Committee of the Federation Council on constitutional legislation and state building. Thus, according to journalists, the text of the committee’s response dated June 14 states that it is not clear from the bill what measures will be taken to protect the rights of copyright holders.