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. The case may have a precedent character.
In the framework of this case, the courts on the claim of RAO recovered from the defendant the amount of remuneration to be paid to the copyright holders of musical works performed in films for a certain period.
However, the SIP drew attention to the fact that the information provided by RAO about the authors of musical works and their copyright holders do not coincide. In this regard, the judges had a question: does paragraph 3 of Article 1263 of the Civil Code of the Russian Federation (the right to remuneration) apply to copyright holders who have acquired the corresponding exclusive rights from the authors? Or does this rule apply only to the authors of musical works, regardless of who owns the exclusive rights?
SIP has previously sent requests to leading scientific institutions, a number of them have taken a position in favor of RAO and copyright holders. However, there was no consensus among scientific institutions.
In this regard, the SIP decided to seek clarification from the Constitutional Court of the Russian Federation (CC RF). The question is how legitimate it is to collect deductions in favor of not specific foreign authors, but legal entities to which musicians transfer the rights to their songs. The outcome of the case depends on the further practice of collecting deductions from cinemas for music.
In February 2023, the NFMI submitted its position on the constitutionality of the provision in question to the Constitutional Court of the Russian Federation. NFMI substantiates that the provision of the Civil Code does not conflict with the provisions of the Constitution of the Russian Federation, does not violate or infringe on the constitutional rights and interests of the state, citizens and legal entities. At the same time, a similar provision has been used for many years in other jurisdictions.
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.
The membership of the Association of Music Companies "National Federation of Music Industry" (NFMI) has significantly expanded
The General Meeting of members of the Association of Music Companies "National Federation of the Music Industry" (NFMI) has accepted domestic music label companies as associate members of the Association: "Black Star", "Lotus Music", "Media Land", "SP Digital".
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.