Fight against the illegal use of an intellectual product

Rightholders have shown that in Ukraine it is possible to fight against the illegal use of an intellectual product and called to join

On 18th of September 2017, as part of KYIV MEDIA WEEK 2017 the conference for rightholders “Fighting piracy in Ukraine: What’s done – What to do?” organized by the “Clear Sky” Initiative took place.

The pirate ecosystem is very similar to the workflow of any business. And this must be understood when you start interacting with the violator of rights, his partners, and also using the possibilities of struggle within the limits of the Ukrainian legislation. When rightholder understands how pirate establishes his business, he can protect himself. This is what the Head of “Clear Sky” Initiative, Kateryna Fedorova, told at the beginning of the conference. This idea was continued by Viacheslav Miienko, Deputy Director General for Legal Affairs of “1+1 Media”, who spoke about new mechanisms of combating the Internet piracy in the legal field. Media group already has practical experience of interaction with sites and hosters of Ukraine, Bulgaria, Lithuania and Seychelles. But the owners of these resources do not always give the feedback. In this case, it is necessary to apply to the Department of Intellectual Property on the offense in order to impose an administrative fine.

Viacheslav noted: “After recent changes in the legislation the penalty for violation of the procedure of processing applications and blocking of the content is from 8,500 to 34,000 UAH. But there are no quick results yet. To date, the Department has not yet been staffed with inspectors. But the more appeals from the rightholders there are, the faster the processes of the new entities will be organized and structured. If the state sees a request from each of us, it will help to ensure more prompt provision of personnel to solve these problems. By the way, if one site illegally uses, for example, 10 of your products, you can safely draw up 10 applications with a lawyer and demand payment of a penalty for each violation separately”.

Sergiy Kropyva, the police lieutenant colonel, the Head of the Kiev Department of Cyber Police of Ukraine, told about the practical role of Cyber Police in fighting against piracy and how the rightholder should interact with the law enforcement agencies. He defined the basic steps which should be completed by the rightholder, if an online resource violates his rights: send a notification letter; calculate the amount of material losses incurred and prepare documents that confirm them; if possible, conduct a preliminary expert study; prepare an application to law enforcement agencies; appoint a person who will provide operational communication. Sergey emphasizes that the appeal to many law enforcement agencies at the same time only slows down the course of solving the issue.

The conversation was supported by the director of “Vindex” Law Firm, Pavel Mykoliuk, legal representative of Media Group Ukraine for IPR protection. He talked about the peculiarities of judicial protection of rights and recommended the rightholders to take a responsible approach to the choice of the claim object. It’s more effective to choose a big player, so that the victory over him would be indicative for small pirates as well.

Kateryna Fedorova and Vladimir Iling, the Head of the Ukrainian Anti-Piracy Association (UAPA), spoke about the new joint service http://blacklists.org.ua, which contains the list of websites to which the rightholders have their claims. Thanks to this, the advertisers have an opportunity to receive monthly actual information about the resources that are the violators of the intellectual property by e-mail and to protect themselves from reputational, financial and other risks by not placing advertisements on such resources.
So, the more rightholders provide their lists of pirates, the more companies will control the trajectory of the financial revenues, thereby harming the pirate’s business.
Vladimir commented on the updated monitoring system, which holds the UAPA. The topic of monitoring of the unscrupulous websites was continued by Artem Lozin, the head of VOD portal 1+1 Digital, the ideologist and developer of SUDUM service for protecting the copyrighted content in the Internet.

Artem said: “We have faced with the problem of active growth of social networks and online cinemas that steal television content. Given the huge video library of 1+1 media, which must be protected from pirates, it still needs to be done quickly and 24/7, so it’s important to clear the content in the first hours after its appearance on the pirates. After a while we have created the SUDUM service. We are satisfied with the results. During a year, more than 150,000 copies of video have been removed, traffic growth has increased three-fold, and revenue from video advertising has increased by more than 40%.Today, the top 5 social networks delete content on our demand (VK, Mail.ru, FB, OK, Instagram), the TOP-30 online cinemas delete or change the content to the legal one. Therefore, it is possible and not difficult to struggle with pirates, and I am sure that this is real for every rightholder. We are ready to share the experience, if there are requests from the colleagues”.

The next speaker was Niсk Feingold, the Commercial Director of StarLight Digital. He was sure that piracy’s a business that prevents a huge number of people in the film and television industry from developing and getting decent payment for their work. They began their fight against piracy in 2013 by creating Content Monitoring Center, they started cooperation with OTT-providers, seized all illegal applications in the Apple Store, Google, Samsung, LG, which broadcast their content. They also switched to the commercial relations with the providers and this year already filed the first application to Cyber Police. According to Nick, each rightholder could protect his product if he created maximum number of places for placing content, used convenient service for the users and hired a person who would monitor the Internet.

Anna Słoboda, Anti Piracy & Online Rights Management Team Manager of TVN S.A., Vice President of the Sygnał Association, attended the conference as a guest from Poland. She said that in Poland, according to Deloitte Poland, every Internet user in 2017 aged 15-75 years at least sometimes used illegal content. Despite the fact that they established the Association in 2002 and since that time have been trying to resist the pirates’ business, the problem still remains. Anna talked about their ways of dealing with pirates. Some of them are very similar to the Ukrainian scheme, for example, a service for advertisers with a list of the websites to which the rightholders have claims. But others have already gone further – active cooperation with the Police. They have other experience, which they are ready to share in the future.

The moderator of the conference was Mass Media Institute expert, Counselor of Smartsolutions Law Group Andriy Osypov. At the end of the event, he asked a rhetorical question to the audience: “How long does it take to wait for changes?” And everyone agreed that it could take a long time if you decided to wait. Therefore, he called on the rightholders to unite and fight against the pirates together, without waiting for them to stop their activities.



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