The failure of the Russian global license proposal and the future of alternative remuneration systems |
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Authors: | Gaetano Dimita Ruslan Nurullaev |
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Affiliation: | 1. Senior Lecturer in International Intellectual Property Law, Centre for Commercial Law Studies, Queen Mary University of London, United Kingdom;2. Junior Research Fellow, National Research University Higher School of Economics, 3 Bolshoy Tryokhsvyatitelsky Pereulok, Moscow, 123022, Russia; Associate at Bryan Cave Leighton Paisner (Russia) LLP |
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Abstract: | As rights holders, courts, and policy makers worldwide struggle with the question of copyright infringement and the potential liability of internet service providers (ISPs) worldwide, Russia developed – and subsequently abandoned – a proposal for the creation of a global license to be imposed on ISPs which would allow for rights holders to be compensated for copyright-infringing activities carried out through those ISPs.Russia is not the first jurisdiction to look at a global license as solution to the wide spread of copyright infringements online. By analysing the Russian proposal for a global license, this article addresses the sustainability of such a model on a wider scale by analysing the legal implications this may cause. In this context, this article will address the Russian proposal's legislative history before moving into a substantive discussion about the synergies between legal justifications and merits of a global license. |
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Keywords: | Copyright Copyright policy Alternative remuneration systems Global license Three-step test |
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