Currently, the Intellectual Property Rights Court (SIP) is considering a case on the claim of the Russian Copyright Society (RAO, Russian CMO) against the City Palace of Culture of the city of Meleuz of the Republic of Bashkortostan. The case may have a precedent character, for which the SIP has sent requests to leading scientific institutions.
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.
As is known, in accordance with the Civil Code of the RF, when publicly performing or broadcasting, including by retransmission, an audiovisual work, the authors of a musical work (with or without text) used in an audiovisual work retain the right to remuneration for these types of use of their musical work.
In the request, the SIP also reminds that according to judicial practice and the Civil Code, the right to remuneration is a part of the exclusive right. In cases established by the provisions of the Civil Code, the right to remuneration remains with the author, performer, phonogram producer, producer of an audiovisual work even when the exclusive right does not belong to him, as well as with the owner of the exclusive right, if it is limited.
However, the SIP drew attention to the fact that the information provided by RAO about the authors of musical works and their copyright holders does not coincide. In this regard, the judges had a question: does paragraph 3 of Article 1263 of the Civil Code (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?
As a result, the SIP posed the following questions to scientific organizations:
1) Is the exclusive right of the author of a musical work to remuneration provided for in paragraph 3 of Article 1263 of the Civil Code alienable?
2) If the answer to the first question is positive, then does the above-mentioned RAO accreditation include the right to recover remuneration not only to the authors, but also to the copyright holders of musical works (with or without text) used in an audiovisual work?
The positions of scientific institutions on these issues are expected to be prepared in the near future.
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.
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.