Russia is developing an analogue DMCA

    Apparently, Yandex’s negotiations with Gazprom-media and other rightholders yielded results. Search engines are forced to submit. In Russia, they will develop new amendments to the legislation, according to which search engines will be obliged to remove pirated links from pre-trial issuance at the request of the copyright holders, Vedomosti reports .

    Other norms of the bill are still unknown. There is a possibility that search engines will oblige to show sites with legal content in a priority order, and for refusing to delete links to sites with pirated content they will be fined.

    Such amendments to legislation were proposed before, and then “Yandex” sharply criticized them, but after the recent conflictwith Gazprom Media, it seems that the initiative has passed into the hands of copyright holders.

    Recall that negotiations on this issue began in the government began on September 19, 2018 with the participation of employees of Yandex, Google, Mail.ru Group, Gazprom-Media, the National Media Group (NMG), Roskomnadzor and a representative of the Association of Film and Television Producers (APKiT).

    Right holders have long demanded that Yandex and other search companies introduce an effective mechanism for quickly removing any pirated links. Right holders believe that Yandex brings up to 80% of traffic to pirated sites. In the spring, the right holders suggested to Yandex that they sign a memorandum on the voluntary removal of links. Yandex did not do this. Now Yandex has agreed to sign a memorandum, and the requirements will be additionally drawn up in the form of a law.

    According to the American Digital Millennium Copyright Act (DMCA), media companies send complaints directly to Google and other Internet companies via a special online form, and they quickly remove pirated links from the search results and other content from their hosting. Unlike American practice, in Russia market participants hoped to do without creating a special law, but only by self-regulation and voluntary commitments of market participants. But it did not work out.

    Commercial Director of Yandex Leonid Savkov said during the round table that the company is ready to be the first to sign a memorandum on the voluntary removal of links, but the relationship between search engines and rightholders must be regulated by law.

    The rightholders stated that it was important for them that Yandex should sign the memorandum, regardless of other market participants. While the text is being finalized: out of 15 points of the memorandum, 8 are left, but the final version is not approved.

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