According to Vedomosti, the new mechanism of payments for content to companies from unfriendly countries, introduced by the decree of May 27, may carry risks for some categories of copyright holders and for Russian licensees. The decree stipulates that the provisions of the document will not apply to copyright holders who fulfill their obligations under license contracts in Russia, but such a possibility still exists, says Nikita Danilov, CEO of the National Federation of Music Industries (unites music majors in Russia).
In particular, according to Danilov, the mechanism for confirming the non-fulfillment of obligations by the copyright holder will still require clarification. "The current music catalogs now continue to be available to Russian services and consumers," he says. – But, for example, the copyright holder in Russia has 100 counterparties to whom he continues to fulfill obligations. One of them may unreasonably decide that the copyright holder violates the contract. Such a counterparty will have the right, without any justification and evidence, to open an account to which the rest counterparties will have to deposit money. Given that the copyright holder will not have access to such an account without a decision of the legal commission, such a mechanism will jeopardize payments from the copyright holders to Russian employees, authors and artists."
The representative of the Internet Video Association (unites video services ivi, Okko, Amediateka, Start, etc.) is confident that the provisions of the decree will not prevent Russian online cinemas from continuing to work with bona fide foreign copyright holders in the same mode: "We see no reason for the widespread application of a special regime to our partners."
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