A small comment about the "activity" of RAO
Today, the topic of RAO with the help of the prosecutor’s office has banned the Scorpions and Lube to sing their own songs without a license , describing the next theater of the absurd, arising around the concept of “intellectual rights”.
Surprisingly, even in such an obviously idiotic situation, there immediately appeared people telling that, well, everything is normal, it should be so. Like, such a legal conflict, and even some long reasoning led.
So: no matter how black you call white, in the end, all those who have eyes see that it is black. In this case, it is enough to look into the Civil Code of the Russian Federation Art. 1242 (“Organizations exercising the collective management of copyright and related rights”) and carefully read (my emphasis is forgotten):
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In other words, RAO apparently spits on the Civil Code of the Russian Federation, since (a) authors and their representatives are given the full right to negotiate with organizers to bypass RW, and (b) RW services are simply not needed in this case, since there are no difficulties in exercising the rights personally by Scorpions. .
It is curious that the charter of the RAO , in which this organization is declared to be in force "in accordance with the norms of the Civil Code of the Russian Federation", does not contain a single word about the conditions established by law. Accidentally, probably.
Surprisingly, even in such an obviously idiotic situation, there immediately appeared people telling that, well, everything is normal, it should be so. Like, such a legal conflict, and even some long reasoning led.
So: no matter how black you call white, in the end, all those who have eyes see that it is black. In this case, it is enough to look into the Civil Code of the Russian Federation Art. 1242 (“Organizations exercising the collective management of copyright and related rights”) and carefully read (my emphasis is forgotten):
')
1. Authors, performers, phonogram manufacturers and other holders of copyright and related rights in cases where the exercise of their rights individually is difficult or when this Code permits the use of copyright and related rights objects without the consent of the holders of the respective rights, but with payment of remuneration, create membership-based non-profit organizations, which, in accordance with the powers granted to them by the right holders, are charged with managing the relevant call rights objective basis (collective rights management organizations).
The creation of such organizations does not prevent the representation of the owners of copyright and related rights by other legal entities and citizens.
In other words, RAO apparently spits on the Civil Code of the Russian Federation, since (a) authors and their representatives are given the full right to negotiate with organizers to bypass RW, and (b) RW services are simply not needed in this case, since there are no difficulties in exercising the rights personally by Scorpions. .
It is curious that the charter of the RAO , in which this organization is declared to be in force "in accordance with the norms of the Civil Code of the Russian Federation", does not contain a single word about the conditions established by law. Accidentally, probably.
Source: https://habr.com/ru/post/119890/
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