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Partnership Principle – New Practice Introduced by Clear Sky

“Clear Sky” Initiative, a non – profit organization aimed at protecting intellectual property rights in the audio visual sphere, introduces a new practice and in particular: should any of the Initiative participants report “pirating” on the part of any pay television’s provider, other Initiative’s participants are entitled to terminate their relevant agreements with the said provider and remove their players in the event of a site. The kind of alliance cohesion has been named the “partnership principle.”
The principle was first applied in January 2019 when a Ukrainian pay TV provider was blacklisted by MBG company, History and Euronews distributor in Ukraine. Thus the relevant negotiations were held by StarLight Digital and the provider in question with the aim to get to the bottom of the issue and make sure that the copyrights have been actually infringed. As a follow up the provider was informed on the agreement annulment by StarLight which consequently made the provider cut off the channels which had caused the MBG complaints.
When speaking on the issue Olga Voronovych, partner, MBG Ukraine and MBG Bel, emphasized: “While representing right holders of name and repute in the world market, we deem it important to fight piracy. Not only does it inflict damage on us, right holders, but it also promotes unfair competition among providers partnering with us. Therefore, we acceded to the campaign for compiling a special list for the blacklists.org.ua service. There are providers that happen to accidentally and “erroneously” rebroadcast our channels without any agreements whatsoever, but, however, they are quite responsive when approached and therefore not blacklisted. On the other hand, there are companies we can’t reach out to. As it turned out, there is one and only way to influence them and namely: by means of engaging other right holders, thus implementing the partnership principle barring from working with pirates. We are pleased to be part of the process and do hope that piracy would soon be defeated in Ukraine due to joint efforts of all market players.”
“Clear Sky” Initiative as a non-profit voluntary alliance is of the opinion that the innovative principle displays willingness to fight piracy as a phenomenon thus inviting new right holders to accede to Clear Sky activities.
Kateryna Fedorova , Head of Clear Sky , provided a few comments on the issue: “Anti-piracy campaign is a challenging way. It often happens that legal business is lacking in legislative tools. In addition, that’s exactly when civilized market rules come to the aid and we voluntary join together so as to protect our shared values. While fighting piracy we stand by each other, stick together, waiving from contracts and thus losing profits in the short term but improving and revitalizing the market in the long-term period. And it would sure be of benefit to all of us.”
Kateryna called on right holders, providers, advertisers and other ecosystem’s participants to accede to the “Clear Sky” projects so as to strengthen the feeling of collective achievements in terms of revenues, mutual respect, new partnership projects.

  

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