What new provisions have been added to the Civil Code of the Russian Federation regarding the regulation of intellectual rights in the digital age, and how effective are the measures proposed by the legislator to prevent violations of copyright and related rights on the Internet? What experience from foreign countries could be useful for the domestic legislator in further developing the institution of intellectual property in Russia?
In recent years, several important novelties have been added to the Civil Code of the Russian Federation to ensure that intellectual rights do not remain in the "pre-internet" era. Now, we have rules about information intermediaries (Article 1253.1 of the Civil Code of the Russian Federation), which are the platforms, websites, and social media that distribute content. The law states that if a platform responds quickly to complaints from copyright holders and does not contribute to violations, it is not liable. However, if it "turns a blind eye," it may face sanctions.
Another feature is the right to be compensated for the use of works on the internet. This is an attempt to ensure that authors receive money even if their content is used by large aggregators or streaming services.
In terms of effectiveness, the situation is not so clear-cut. On the one hand, it has become easier for copyright holders to demand the removal of pirated content. On the other hand, the "arms race" continues, with dozens of new websites emerging in place of a single blocked site, and users still finding ways to circumvent the restrictions.
Looking at foreign experiences, it would be beneficial to consider automatic content recognition systems (such as YouTube's Content ID), which allow for the rapid identification and monetization or blocking of illegal copies. In Europe, for example, there is a growing discussion and implementation of directives that require platforms to filter uploaded content in advance.
However, it is crucial to strike a balance between protecting authors and safeguarding user interests. This will be the primary challenge for our lawmakers in the coming years.