bill to amend the text of the Copyright Act, known as’ Lassalle’-law approved Friday in the Council of Ministers, leaves behind a series of considerations on text yet the Ministry Culture has not made public, but we do have some filter media. Expert Sources claim intellectual property 20minutos.es to be taken with this text “prudence”, since it is not final and will change until it is finally enacted.
Images
1 Stock
touches this bill
are roughly four:
- Compensation for private copying under the State Budget, is “targeted to compensate for intellectual property rights were left lost by reason of the legal limit of private copying, “says the text. That is, there would be an item in the budgets intended to pay authors whose works have been disclosed “in books or publications (…) and phonograms, video recordings or other audio, visual or audiovisual media, on by typographical devices or technical instruments, exclusively for private, non professional or business with no direct or indirect commercial purposes. “
- Anti-Piracy the procedure under the law Sinde is reinforced by giving the second section of the Commission on Intellectual Property – under the Ministry of Culture skills to pursue websites that link protected copyrighted content.
class=”c8″> management entities and rates. reinforces the system of transparency of these entities, and make the system of one-stop : that is, that all entities centralize its billing and payment operations by users of intellectual property. However, at this point, experts say it would have to analyze the content that has not yet been posted. .
‘Google tax’ : The big news of the text that was not on earlier drafts. Seek compensation from a rate third use made of a content not have prior authorization by the publisher of that content.
In this regard, some experts criticize that this text has not been published by the Ministry of Culture after being approved by the Council of Ministers and not venture to make a detailed analysis of the project.
How long canits parliamentary process
is still unclear, although various sources indicate between four and six months according to the ordinary procedure-or emergency-laying processed. Once approved by the Council of Ministers, the text will be sent to Congress and the committee will decide whether a corresponding emergency procedure or standard, provided the government does not say before. In any case, most likely be after the summer when final approval, writes David Maeztu, specializing in Internet Law and Intellectual Property and Director of Abogadostic.com lawyer.
What will be the sanctioning body
Fines will be processed by the ordinary administrative procedure The sanctions imposed on the Secretary of State for Culture according to the procedures which processed the second section of the Committee on Property Intellectual. However, expert sources also suggest that this text puts the National Securities Market and Competition in a situation supervisor , for example, in the case-management entities, being able generate confusion in the supervisory role and sanctioning of the two bodies.
How much punishment can amount
depends. In the case of intellectual property on the Internet, for example, a website that link to copyrighted content is copyright-infringing, penalties may be 30,000 to € 300,000 . For whoever is infringing is an entity management, in this case the penalty would range between 200,000 and 400,000 euros for serious offenses and between 400,000 and 800,000 euros for very serious offenses.
What is the disciplinary process?
Fines be processed by ordinary administrative procedure , like a traffic ticket, for example. Appointing an instructor and is responsible solver in this case, the Secretary of State for Culture. This is not a quick process, nor is it before a judge , say intellectual property expert sources, although sometimes it may require the involvement of a judge to authorize certain actions.
Bots: Google or Yahoo must pay for linking content
?
should not ask permission or pay for content on their search engine link because its function is the technical intermediary. Google itself should pay, for example, if you put a story on a social network. The so-called ‘rate Google’ go ‘for its Google News aggregator-for Google, Yahoo News for Yahoo! -.
What servicesaffect the ‘rate Google’
“Those who make such aggregation services (although not defined in the Act) and put a little intro or summary of the content,” says attorney David Maeztu. Apart from Google News or Yahoo News, other aggregators like Reddit or services like Flipboard also be affected.
this affects appointment fee if a means to another part of your content
In principle, the appointment would be excluded from this rate, since it is not being an interruption of own creative work. In the pre-project approved Friday “could not cite the work for purposes that were not research and teaching, so the meeting between means was not covered by the limit date” wording clarifies meanwhile Maeztu.
Which means they can add “no significant fragments”
The sources agree that clearly refers to small snippets of content used, although not determined where the limit . This is very important to start negotiating and something not yet clear question.
Who negotiatedGoogle, for example, to add content in Google News
negotiation would not content with the company in question (eg, a newspaper) but through a collecting society Free , which could be CEDAR (in the case of texts) or VEGAP (images).
Although this point is not specific to the project, some sources indicate that it would be a management company required to collect that money aggregators then allocated among all digital media according to a number of technical criteria such as diffusion. However, it will take a few months before reaching agreement on this point.
What about text editors for teaching
is one of the hardest hit sectors. The law states that for formal teaching and research may be disseminated fragments of text without special permission. This is also a point of controversy and may need further revision of the draft adopted by the Government last Friday.
What will happen to us as Rojadirecta and companies who have sports rights
In principle, the text does not protect companies with sports rights.
What options does the owner of a website that justice orders closing
David Maeztu specifies that if a court orders the closing of the web, “the options are recourse if possible or go to another jurisdiction to provide services where legislation is not like ours” .
Who is benefited with this project?
For the ‘rate Google’, “fundamentally goes reinforced CEDAR , the management entity and reproduction rights of authors of text, and assigned to them greater rights to obtain funds , “says Maeztu, a view also shared by the lawyer and professor Javier de la Cueva. On the opposite side businesses and services like Google News or Digg, “developed an important role in visibility of content without thereby injuring the media or blogs that publish news” lie adds attorney David Maeztu.
founding partner of Reddit Ricardo Galli, meanwhile, said Friday in several tweets that with this law, “‘cultural teaching’ is the mercantilist triumphant, with the necessary complicity” intellectual culture. “think in levels of persecution exchange files” Anglo-Saxon “ is equal, but also in this case aggregators must pay, as similarly Sites as France and Germany.
About
regard to the fight against piracy, the linked websites look a little worse their situation, “but for them the main concern is the reform of the Penal Code,” qualifies Maeztu.
No comments:
Post a Comment