10 DEC 2016

The Law on State Support of Сinematography Was Vetoed by the President of Ukraine

The Law 'On State Support of Cinematography in Ukraine' was adopted by the Ukrainian Parliament (Verkhovna Rada) on September 22, 2016 and sent to the President for signing. The Law did not take into effect yet, as the President Petro Poroshenko placed his veto and returned it back to the Ukrainian Parliament, along with his proposals. He pointed it should be revised for bringing into line with the requirements of the Constitution and other laws.

The Law provides better conditions for the film production development and introduces new provisions for regulation of funding projects. One of its most important changes is the creation of the State Fund for cinematography of Ukraine. However, there is more to come, as together with rise of the film industry, it aims at protection of Copyright in computer programs, phonograms, audiovisual and music works.

The aforementioned Law contains provisions for introduction of takedown notice procedure, which is extremely common in the US.

To be more specific, the Law provides the following:
  • In case of identification of Copyright or related rights infringement on the Internet, its holder may file an application to a site owner.

  • A site owner, within 48 hours from receiving an application, should block the access to illegal content and inform a hoster and an applicant about blocking or the denial to block.

  • If a site owner does not react, or the data about him is not available, a person may file an application to a hoster directly, who can exclude an access to the information by himself.

  • Undoubtedly, the US practice analysis shows that implementing of such institution has a large number of advantages. On the other hand, there is still much debates concerning its effect in Ukraine.

    The main anxiety relates to a risk of sudden appearance of Internet trolls, who will receive great chances for blocking access to the whole websites in the shortest terms. Such unfair applicants can harm significantly the activity of business competitors and even change the rules on Ukrainian market. Otherwise, as the prevention methods, the Law provides responsibility for bad faith applicants and establishes the advocate’s monopoly for such applications filing.

    So there is a reasonable question: will the President’s veto of the new law slow the fight against piracy in Ukraine?

    Even the Law 'On State Support of Cinematography' was vetoed, IP specialists believe that the introduction of the takedown notice is no longer a kind of science fiction. In one way or another, it will appear in Ukraine soon.