Russian Organization for Multimedia and Digital Systems

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Russian Organization for Multimedia and Digital Systems (ROMS, Russian: РОМС), also known as Russian Multimedia and Internet Society is a Russian collective rights management organization. ROMS is a body designated by Russian law for collecting and distributing statutory copyright royalty payments from radio stations and Internet download sites in Russia. [1] It is disputed whether they are authorized by law to allow music for download. [2] This is currently pending in the Russian legal system. [3]

Collective rights management is the licensing of copyright and related rights by organisations acting on behalf of rights owners. Collective management organisations, such as collecting societies, typically represent groups of copyright and related rights owners, such as authors, composers, publishers, writers, photographers, musicians and performers. At the least, copyright owners authorize collective rights management organizations to monitor the use of their works, negotiate licenses with prospective users, collect remuneration for use of copyrighted works, ensuring a fair distribution of such remuneration amongst copyright owners. Governmental Supervision varies across jurisdictions, from being limited to anti-trust regulation in the United States to sectoral regulators in jurisdictions like the EU, India.

In law, copyright is the exclusive right, given to the creator of a work, to reproduce the work, usually for a limited time. Copyright protects the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.

Contents

Timeline

Pavel Vrublevsky Russian programmer

Pavel Olegovich Vrublevsky is a Russian, owner and general manager of the processing company ChronoPay. He is also the founder of investment company RNP and a Russian Forbes contributor on matters relating to blockchain, cryptocurrencies, and cybersecurity. He was also implicated in a range of criminal cases related to hacking.

Websites

WebsiteLicensing termsDateNotes
AllOfMP3 Under the licenses terms, alloffmp3.org pays license fees for all materials downloaded from the site subject to the Law of the Russian Federation "On Copyright and Related Rights". [4] It was a major client of ROMS, which makes up about 50% of its cashflow. [5] 25 Feb 2011
LegalSoundsAll the materials in the LegalSounds.com music service are available for distribution via Internet according to license ЛС-3М-05-09 of the Russian Multimedia and Internet Society. Under the license agreement, Legalsounds.com pays license fees for all the materials subject to the Law of the Russian Federation "On Copyright and Related Rights." [6] 25 Feb 2011
boxmp3.netUnder the licenses terms, boxmp3.net pays license fees for all materials downloaded from the site subject to the Law of the Russian Federation "On Copyright and Related Rights". [7] 25 Feb 2011
LavamusUnder the licenses terms, lavamus.com pays license fees for all materials downloaded from the site subject to the Law of the Russian Federation "On Copyright and Related Rights". [8] 25 Feb 2011
SoundikeThe availability over the Internet of the Soundike.com materials is authorized by the license # 43/17M-10 of the Rightholders Federation for Collective Copyright Management of Works Used Interactively (NP "FAIR") issued for Preluna Group LTD. All these materials are solely for personal use. Any further distribution, resale or broadcasting is prohibited. A difference in Laws, concerning copyright material, in different jurisdictions, does not allow administration of the web site Soundike.com, to say that all of the services which this web site provides are completely legal in all the Countries. Final decree about legality of using Soundike.com services should be made by the consumer of such services. [9] 25 Feb 2011

Related Research Articles

Entertainment law, also referred to as media law is legal services provided to the entertainment industry. These services in entertainment law overlap with intellectual property law. Intellectual property has many moving parts that include trademarks, copyright, and the "Right of Publicity". However, the practice of entertainment law often involves questions of employment law, contract law, torts, labor law, bankruptcy law, immigration, securities law, security interests, agency, right of privacy, defamation, advertising, criminal law, tax law, International law, and insurance law.

Creative Commons license license allowing free use of a work

A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work". A CC license is used when an author wants to give other people the right to share, use, and build upon a work that they have created. CC provides an author flexibility and protects the people who use or redistribute an author's work from concerns of copyright infringement as long as they abide by the conditions that are specified in the license by which the author distributes the work.

A royalty is a payment made by one party, the licensee or franchisee to another that owns a particular asset, the licensor or franchisor for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such, but there are also other modes and metrics of compensation. A royalty interest is the right to collect a stream of future royalty payments.

AllOfMP3, MP3Sparks and MemphisMembers are brands of online music store that were operated by Mediaservices, Inc., a company founded in 2000 in Moscow, Russia. The stores formerly sold music encoded in standard, non-protected audio formats at a significantly lower cost than other online music stores. In 2008, the original AllOfMp3 site was replaced by a blog.

A software license is a legal instrument governing the use or redistribution of software. Under United States copyright law, all software is copyright protected, in both source code and object code forms, unless that software was developed by the United States Government, in which case it cannot be copyrighted. Authors of copyrighted software can donate their software to the public domain, in which case it is also not covered by copyright and, as a result, cannot be licensed.

The NYPL Digital Gallery is a digital archive created by the New York Public Library that provides free access to a large collection of over 500,000 digitized images, the majority of which are in the public domain. It launched to the public on March 4, 2005.

Gevorkyan v. Moshkov

Gevorkyan v. Moshkov was a landmark case that established the precedent for the application of the Russian copyright law to the online services.

Choral Public Domain Library collaborative site for sharing musical scores

The Choral Public Domain Library (CPDL) is a sheet music archive which focuses on choral and vocal music in the public domain or otherwise freely available for printing and performing.

Copyfraud notion

Copyfraud refers to false copyright claims by individuals or institutions with respect to content that is in the public domain. Such claims are wrongful, at least under U.S. and Australian copyright law, because material that is not copyrighted is free for all to use, modify and reproduce. Copyfraud also includes overreaching claims by publishers, museums and others, as where a legitimate copyright owner knowingly, or with constructive knowledge, claims rights beyond what the law allows.

GoMusicNow was a Russian music download site. The site offered a variety of music, special collections, as well as audiobooks in English. Songs were priced per song, with prices from 9 to 19 cents; audiobooks range from around $1.60 through $5.00 USD. The site's design and display were highly similar to MP3Search.ru along with current database collection numbers; in fact, users with a GoMusic account who try to sign into the Mp3Search.ru login page were told that their account was a part of the GoMusic network.

Censorship in Denmark has been prohibited since 1849 by the Constitution:

§ 77: Any person shall be at liberty to publish his ideas in print, in writing, and in speech, subject to his being held responsible in a court of law. Censorship and other preventive measures shall never again be introduced.

The public domain consists of all the creative works to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.

Digital rights management (DRM) tools or technological protection measures (TPM) are a set of access control technologies for restricting the use of proprietary hardware and copyrighted works. DRM technologies try to control the use, modification, and distribution of copyrighted works, as well as systems within devices that enforce these policies.

Copyright infringement Intellectual property violation

Copyright infringement is the use of works protected by copyright law without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.

Digital DJ licensing

A digital DJ licence is required in some countries, including the United Kingdom, Finland, Canada, Belgium and Italy, to publicly play digital copies of copyrighted music. The licence allows a DJ to copy music from original CDs, vinyl or other media, to a computer's hard drive, an MP3 player or other digital audio players, for example to be used with a vinyl emulation software program, or in some cases to other digital media, such as CD-R or MiniDisc. In the countries where digital DJ licensing is used, the licence is also required for playing music originally bought and downloaded directly on to a computer, usually in MP3 or similar format, unless the licence of the online music store explicitly allows the public performance of the downloaded tracks.

National Portrait Gallery and Wikimedia Foundation copyright dispute

In July 2009, lawyers representing the National Portrait Gallery of London (NPG) sent an email letter warning of possible legal action for alleged copyright infringement to Derrick Coetzee, an editor/administrator of the free content multimedia repository Wikimedia Commons, hosted by the Wikimedia Foundation.

File sharing in the United Kingdom relates to the distribution of digital media in that country. In 2010, there were over 18.3 million households connected to the Internet in the United Kingdom, with 63% of these having a broadband connection. There are also many public Internet access points such as public libraries and Internet cafes.

Ancillary copyright for press publishers German intellectual property right for news publishers

The so-called ancillary copyright for press publishers is a proposal incorporated in 2012 legislation proposed by the ruling coalition of the German government, led by Angela Merkel of the Christian Democratic Union (CDU), to extend publishers' copyrights. The bill was agreed by the Cabinet at the end of August 2012 and submitted to parliament on 14 November 2012. It was passed by the Bundestag on 1 March 2013 by 293 to 243, following substantial changes in the week before the vote.

References

  1. Savage, Mark (9 June 2006). "'Illegal' MP3 site defends itself". BBC News.
  2. "The Augusta Chronicle". Chronicle.augusta.com. 12 September 2010. Retrieved 15 October 2013.
  3. "allofmp3.blogs | Court confirms legality of AllofMP3.com". Blogs.allofmp3.ru. Retrieved 22 February 2015.
  4. "Terms & Conditions". alloffmp3.org. Retrieved 25 February 2011. Under the licenses terms, alloffmp3.org pays license fees for all materials downloaded from the site subject to the Law of the Russian Federation "On Copyright and Related Rights".
  5. "Российским mp3 перекроют финансирование - @ASTERA". Astera.ru. 21 March 2007. Retrieved 15 October 2013.
  6. "Legal Info". legalsounds.com. Retrieved 25 February 2011. All the materials in the LegalSounds.com music service are available for distribution via Internet according to license ЛС-3М-05-09 of the Russian Multimedia and Internet Society. Under the license agreement, Legalsounds.com pays license fees for all the materials subject to the Law of the Russian Federation "On Copyright and Related Rights".
  7. "Terms & Conditions". boxmp3.net. Archived from the original on 27 July 2012. Retrieved 25 February 2011. Under the licenses terms, alloffmp3.org pays license fees for all materials downloaded from the site subject to the Law of the Russian Federation "On Copyright and Related Rights".
  8. "Terms & Conditions". lavamus.com. Retrieved 25 February 2011. Under the licenses terms, lavamus.com pays license fees for all materials downloaded from the site subject to the Law of the Russian Federation "On Copyright and Related Rights".
  9. "Legal Notice". Soundike.com. Archived from the original on 24 February 2011. Retrieved 25 February 2011. The availability over the Internet of the Soundike.com materials is authorized by the license # 43/17M-10 of the Rightholders Federation for Collective Copyright Management of Works Used Interactively (NP "FAIR") issued for Preluna Group LTD. All these materials are solely for personal use. Any further distribution, resale or broadcasting is prohibited. A difference in Laws, concerning copyright material, in different jurisdictions, does not allow administration of the web site Soundike.com, to say that all of the services which this web site provides are completely legal in all the Countries. Final decree about legality of using Soundike.com services should be made by the consumer of such services.