As follows from the case file, the programmer created an application (computer program) based on publicly available software products. The rights to the created new composite and derivative program were assigned by the programmer's former employer, and he appealed to the court. However, the courts refused to recognize his rights, since the plaintiff did not confirm the consent of the authors of the software products he used.
The Constitutional Court of the RF recognized such an approach as unacceptable, while recognizing paragraph 3 of Article 1260 of the Civil Code, according to which the creator of a composite and derivative work exercises his copyright subject to the rights of the authors of the works used by him, inconsistent with the Constitution of the Russian Federation. It follows from the ruling of the Constitutional Court of the Russian Federation in this case that the copyright of a composite and derivative work must be protected regardless of whether the copyright holders of its parts have agreed to this.
As the Court noted, paragraph 3 of Article 1260 of the Civil Code contradicts the Constitution , "since in the system of current legal regulation it allows the court to refuse to protect the copyright of the creator of a computer program in a dispute with a person using the specified computer program in the absence of his consent, only on the grounds that the said program is a composite work and its author has not fulfilled the condition of observing the rights of the authors (copyright holders) of the objects (computer programs) used to create it". This approach can also be used to protect the rights of the authors of musical remixes.
In connection with the decision of the Constitutional Court of the RF, amendments will be made to the Civil Code.
In order to implement the decision of the Constitutional Court of the RF, the Ministry of Culture of Russia has prepared a bill according to which the translator, compiler or other author of a derivative or composite work has the right to take measures to protect their intellectual rights regardless of whether the rights of the authors of works used to create a derivative or composite work are respected. The NFMI sees in the submitted bill a number of risks associated with the creation of remixes:
- Granting persons who created a composite or derivative work without the consent of the copyright holders of the original works the right to protect the violated exclusive right to such a composite or derivative work by means of civil liability measures (damages, compensation) will lead to the fact that the compiler and/or processor will actually receive unjustified enrichment. So, in fact, the right to claim damages or compensation will be directly conditioned by the fact that the compiler and/or processor violated the exclusive rights of the copyright holder of the original work (if the composite or derivative work had not been created, i.e. if the violation had not been committed, the compiler and/or processor could not have received compensation).
- The proposed bill also potentially creates the ground for various kinds of abuses, when the result of illegal compilation or processing can bring income to the compiler or processor without the actual use by these persons of a composite or derivative work created without the consent of the copyright holders of the original works, by collecting compensation from persons using such composite and derivative works. In relation to the music industry, we are primarily talking about illegally created remixes and music compilations.
- In addition, there may be problems in the distribution of rewards within the framework of collective management. In particular, the question will arise who is entitled to remuneration: the author of a derivative work (for example, the author of a remix) or the copyright holder of the original musical work. It seems that this issue should be resolved in favor of the original copyright holder.
We are ready to promptly answer media questions, provide journalists with the necessary information about the work of the Association, comment on news issues related to music and related areas.
According to Vedomosti, the same tax benefits can be extended to the music industry as to the IT sector.
Let us kindly remind that in August 2022 a bill on compulsory licensing of copyright and related rights was submitted to the State Duma.
NFMI sent comments to the Ministry of Culture of Russia with regards to the previous version of the draft law.
Let us kindly remind that the Ministry of Economic Development of the RF has developed a draft law on civil liability for persons initiating the blocking of intellectual property objects (content) on the Internet.
At present, the Intellectual Property Rights Court (SIP) is considering a case on the claim of the Russian Copyright Society (RAO) against the City Palace of Culture of the city of Meleuz of the Republic of Bashkortostan.
At the meeting of the industry guilds of the "Russian Creative Week", representatives of the Federal and Moscow City Duma, the Presidential Administration and members of professional guilds, including the Director General of the NFMI Nikita Danilov, supported initiatives for the development of creative industries.
According to TASS, Nikita Danilov, Director General of the National Federation of the Music Industry, noted that the new order could jeopardize payments to Russian artists signed to foreign labels.
In May of this year, the President of the RF signed a decree according to which Russian companies can fulfill obligations to some copyright holders from unfriendly states in rubles when using a special account of the "O" type opened in an authorized bank.
On August 19, deputy D.
In March 2022, a bill was submitted to the State Duma, according to which the validity period of license agreements, by virtue of which Russian persons had the right to use the results of intellectual activity, is extended for the period of sanctions of foreign states and international organizations against Russian persons.
As follows from the case file, the programmer created an application (computer program) based on publicly available software products.
The Ministry of Culture has prepared a draft resolution of the Government of the RF on amendments to the resolution on remuneration for the free reproduction of phonograms and audiovisual works for personal purposes (hereinafter – the draft resolution).
According to Vedomosti, on July 21, the National Federation of the Music Industry asked the chairmen of the State Duma committees on Information Policy and Financial Market, Alexander Khinstein and Anatoly Aksakov, to create legislative conditions for blocking payments by individuals to pirated resources and their owners.
The pandemic weakened the concert market and stimulated the growth of streaming.
According to TASS, the National Federation of Music Industries (NFMI) expects that in the near future the problem of access of users of Russian services to new tracks by foreign artists will be solved.
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.
On October 21-22, 2021, a visiting meeting of the Council under the President of the Russian Federation on codification and improvement of civil legislation was held in Perm.
Rightholders and Internet companies signed a new version of the anti-piracy memorandum.
The online distribution of pirated copies of movies, TV series, music and books causes enormous damage to companies investing in content production.
The XIII International Conference, "Transport Networks Russia & CIS: Development of Backbone Networks", was held on March 17 - 18, 2022, in Moscow.
According to "Kommersant", music major labels are asking the Russian authorities not to rush into adopting draft amendments to the Civil Code on compulsory licensing, which would allow companies in Russia to use new media products despite sanctions.
According to "Vedomosti", a new version of the anti-piracy memorandum was signed at the end of 2021.
On December 6, 2021 with the support of the Ministry of Digital Development, Communications and Mass Media of the Russian Federation the round table "Internet in Russia" was held, at which a large RAEC study on the trends and results of the digital economy in 2020-2021 was presented.
At the international educational conference Distant & Digital, the session "Digital content: practical steps to counter piracy" was held.