New Russian Legislation on ISP Liability and Copyright Enforcement
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New Russian Legislation on ISP Liability and Copyright Enforcement Nikita Malevanny
Published online: 5 February 2014 Ó Max Planck Institute for Innovation and Competition, Munich 2014
Abstract In the course of summer 2013, the new Russian legislation on ISP liability and copyright enforcement was adopted and came into force. This report will (1) explain the major components of the new law, (2) outline the reactions to it, and (3) point to expected future developments. Keywords
Russian Anti-Piracy Law IPS liability Copyright enforcement
1 Major Components of the New Legislation The new act,1 often referred to as the ‘‘Anti-Piracy Law’’ or simply by its number 187-FZ, contains amendments and additions to the major Russian acts regulating Internet service provider (ISP) liability and copyright enforcement, i.e. the Civil Code, the Code of Civil Procedure, the Code of Commercial Procedure and the Act on Information, Information Technologies and Protection of Information (IITPI Act). The rules are specifically drafted for the online environment (in the language of the law, ‘‘information and telecommunication networks, including the Internet’’). Furthermore, at this stage the new enforcement rules apply only to films (in the language of the law, ‘‘films, including cinema films and television films’’), although it is expected that they will be extended to additional subject-matter in future. The 1
Federal Law No. 187-FZ of 2 July 2013 ‘‘On amendments to a number of legislative acts of the Russian Federation on the protection of intellectual property rights in information and telecommunication networks’’, published in Rossijskaja gazeta No. 6124 from 10 July 2013, entered into force on 1 August 2013. An unofficial English translation of the law prepared by ARTICLE 19 can be found here: http:// www.article19.org/data/files/medialibrary/37202/Russia%E2%80%99s-new-legislation-on-online-copyrightenforcement-.pdf, pp. 19–25.
N. Malevanny (&) LL.M., IMPRS-CI Doctoral Fellow at the Max Planck Institute for Innovation and Competition Munich, Germany e-mail: [email protected]
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New Russian Legislation on ISP Liability and Copyright Enforcement
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drafters of the act did not bother to find shortened terms for the above-mentioned formulations of films and the online environment as well as for numerous other lengthy formulations; thus the long versions are used repeatedly throughout the entire act, considerably influencing its length and making it sometimes read like an agency instruction. In the following, I will outline the main points of the Anti-Piracy Law. 1.1 ISP Liability The Anti-Piracy Law for the first time in Russia introduces rules on ISP liability2 similar to those set out in the European E-Commerce Directive and in the Digital Millennium Copyright Act (DMCA) in the U.S.A., however, with certain deviations. These rules are set out in the newly introduced Art. 1253.1 Russian Civil Code. This Article in para. 1 defines the ‘‘information intermediary’’ as a concept similar to the ‘‘service provider’
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