Advertising market discussed changes to the Law in the part of “financing piracy”

on June 15th in Hub 4.0 a meeting of advertising market was held. It was arranged by All-Ukrainian Advertising Coalition, European Business Association, U.S. Agency for International Development USAID, Ukrainian Anti-Piracy Association and “Clear Sky” Anti-Piracy Initiative.
The event was opened by Maxim Lazebnik, CEO of All-Ukrainian Advertising Coalition, who recalled that any brand name is also intellectual property that is the basis of creative economy. This idea was supported by Steven Rynecki, Deputy Director, Office of Economic Growth, USAID. He spoke about the critical importance of protecting intellectual property for creating strong economy. “Investors wishing to work in Ukraine need to know that intellectual property is taken seriously here, that it is protected.” Tamas Kirali, IPR Policy Officer, DG Trade of the European Commission, joined discussion through a conference call and presented in detail EU programs for the protection of intellectual property rights.
The key report was made by Andriy Osypov, lawyer, Mass Media Institute expert. He told about the changes that occurred in the Ukrainian legislation, and how this can affect advertisers. Article 176 “Violation of copyright and related rights” of the Criminal Code of Ukraine now includes not only “illegal reproduction” of works protected by copyright and related rights, but also financing of this activity. Andriy Osypov showed the problem of advertising on pirate sites from the point of view of answering the question “Who benefits?”: “Investigators will act by the principle “who benefits”, and the police won’t need to search for the pirate at once. Advertisers also benefit from getting the audience – the audience that pirates steal from IP owners. You also need to remember that money leaves traces. Investigation of the “money trail” is a common practice of law enforcement agencies. And who has the money? – The advertiser.”
Andriy Osypov proposed several methods for advertisers how to be protected. That includes “reasonable methods for verifying the counterparty”, “special conditions for contracts”, “warning the attorneys (agencies) about copyright and related rights”, “clear requirements for the placement and method of advertising (blacklist, whitelist of Web sites), monitoring placements” and adding the possibility to immediately stop placing, if there is a threat of financing pirates, to the contracts.
Igor Mykhailov from the Ukrainian Anti-Piracy Association (UAPA) showed how the UAPA monitoring of advertisements on pirate sites looks like: print screens of websites that violate IP rights, where advertisement is displayed, indicating the time when the placement was recorded. Monitoring is available publicly at http://apo.kiev.ua/ps
The answer to the question of the audience “Which site is considered to be pirate?” was given in part by Kateryna Fedorova, the representative of “Clear Sky” Anti-Piracy Initiative. She presented to the advertisers a new service http://blacklists.org.ua. In a few weeks a list of Web sites to which there are claims from copyright holders will be publicly available there. So far, only UAPA and “Clear Sky” participate in its compilation, but Kateryna stated that the list of rights holders will expand.
After the speeches the Round table for advertisers was held where Kateryna Zinchenko («Kyivstar»), Taras Chernichuk (IDS), Maksym Khomenko (Starcom), Elena Andriyenko (Publicis One), Maria Yefimova (AGAMA), Olga Voronova (MediaVest), Aleksandr Turubarov (Optimum Media), Sergey Salnikov (Media Audit Institute), Aleksey Lyakh (newage), Veronika Logvinovskaya (Amplifi), Anna Tkachenko (1+1 Media), Fedor Grechaninov (StarLightMedia) participated. Moderators were Maksim Lazebnik (All-Ukrainian Advertising Coalition) and Julia Tribushnaya (StarLight Digital Sales).
All-Ukrainian Advertising Coalition – mass public organization that simultaneously unites in its ranks collective and individual members representing advertisers, advertising and marketing agencies, and mass media.
Ukrainian Anti-Piracy Association (UAPA) is a public organization whose main goal is to satisfy the legitimate, social, economic, creative and other common interests of its members, to help in protecting the copyright and related rights of the Association and to create conditions for strengthening the protection of intellectual property rights in Ukraine, namely: audiovisual and other works.
U.S. Agency for International Development USAID is the lead U.S. Government agency that works to end extreme global poverty and enable resilient, democratic societies to realize their potential.
European Business Association (EBA) was established in 1999. Initially supported by the European Commission it unites more than 900 members and is the largest premier union of businesses operating in the Ukrainian market. The activities are aimed at giving member companies the opportunity to jointly solve important issues for the investment climate of Ukraine and improve it for the benefit of industry, society, economy and the country as a whole.
Clear Sky Anti-Piracy Initiative appeared in summer 2013 with the aim to develop legal audio-visual product in UAnet and fight web-sites that distribute content in Internet violating intellectual property rights. The founders of the Initiative are four major media groups of Ukraine: 1+1 Media, StarLightMedia, Inter Media Group and Media Group Ukraine.



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