The failure of the Russian global license proposal and the future of alternative remuneration systems

Computer Law & Security Review. 2019. Vol. 35. No. 2. P. 157–172.

Dimita G., Nurullaev R.

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.

Keywords: copyright, авторские права, copyright policy, alternative remuneraion systems, global license, three-step test, глобальная лицензия, трехступенчатый тест

Publication based on the results of: Legal Reguation of Data Sharing: public law and private law aspects (2019)