Russian Federation

[RU] New legislation on infringing apps

IRIS 2020-10:1/17

Ekaterina Semenova

Confederation of Rightholders societies of Europe and Asia

Mobile apps that distribute unlicensed content can now be blocked within three days. On 1 October, the law on the possible blocking of applications that violate copyright came into force.

According to the new regulation, the rightsholder is entitled to request the Federal Service for Supervision of Communications, Information Technology and Mass Media, RKN, to block the infringing application. RKN, in turn, informs the owner of the resource hosting the dubious mobile app about copyright infringement and requires it to be blocked. Within one business day, the resource must pass this information onto the app owner, who also has one business day to block it. If he or she fails to do so, access to the application must be restricted by the resource on which it is hosted.

The law does not apply to apps that violate the copyright of photographs; a specific regulation in this regard will be elaborated later, as reported. The law also introduces the concept of "software application": this is defined as a computer program that provides information on online access to objects of copyright and related rights or information on how to obtain them.

RKN suggested that the US companies Google and Apple establish cooperation to ensure the implementation of the law on the protection of copyright holders and the ban on pirated applications on mobile devices, which came into force on 1 October.

RKN stated, "Google and Apple are invited to organise operational interaction within the framework of the law on protecting the interests of rightsholders of works distributed through mobile applications." The RKN report clarifies that the companies have the relevant letters notifying them of the entry into force of the law and calling on them to provide the necessary contacts to coordinate efforts in the execution of court decisions.

"The law which came into force on 1 October 2020 clarifies the procedure app stores must follow to execute court decisions when apps violate copyrights to distributed works," RKN said in a statement.