Music labels went as one on ROMS
Universal Music and Monolith record labels filed lawsuits against online music stores Jetune.ru and mp3spy.ru . This was the beginning of a concerted attack by right holders on Russian Internet pirates. The revitalization of record companies is explained by future changes in legislation, on the threshold of which the right holders decided to build up the necessary judicial practice, the Kommersant newspaper writes .
In the statement of claim of Universal dated September 5, it is said that the site of Jetune.ru was illegally reproduced and made public to the songs of the band “Banderos”. Jetune.ru works according to the scheme typical for semi-legal Russian Internet projects through the “roofing” organization of ROMS (Russian Society for Multimedia and Digital Networks), which appears in the lawsuit as a third party.
Labels united demand that the POMC license be null and void. In order to effectively lobby their interests, they formed a general association NFPF (National Federation of the producers of phonograms).
LLC Delia, the owner of the Jetune.ru website, must stop distributing the songs of the band Banderos and pay compensation in the amount of 100 thousand rubles. The requirement to revoke a POMC license will be considered in the framework of the same process, the preliminary hearing of which will be held on October 15.
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This is not the only process. A few days earlier, the recording company Monolith filed a lawsuit against LLC Nova, which owns an online music store mp3spy.ru. This resource is accused of distributing and reproducing the album of songs “Glucose”, the duet “Nepar” and Yulia Savicheva without the consent of the copyright holder. "Monolith" asks the court to recover from the "Novy" 450 thousand rubles. and also, most importantly, to recognize the license of POMC as void. Preliminary hearings on the case will be held on October 25.
The ROMS said that Universal is unlikely to achieve anything in the courts. “We have repeatedly acted as a third party in such processes. As a rule, labels, including Universal, cannot even confirm their exclusive rights to certain works. This confirmation is usually copyright transfer agreements. Therefore, Universal is unlikely to win this process, ”said Oleg Mesus, director general of ROMS, in an interview with Kommersant.
Independent lawyers cannot predict the outcome of a case. They say that the current legislation in the field of copyright can be interpreted in different ways, and recently the Russian courts have made diametrically opposed decisions on such matters.
In the meantime, right holders are determined and are going to file new lawsuits (for this they hired the law firm "Specto"). They place particularly high hopes on future changes in legislation, namely, the entry into force in the beginning of 2008 of Part 4 of the Civil Code of the Russian Federation , which involves state accreditation of organizations like ROMS. The accreditation procedure has not been established, so that from the new year on, POMC and its similar structures may simply cease to exist or switch to the normal form of work and finally begin to conclude direct agreements with the right holders.
The pressure on online stores can lead to the fact that users will go to peer-to-peer networks, and pirated music sharing will be free and free. He will no longer create an imitation of legality and bring millions of dollars to crafty businessmen, as is happening now.
In the statement of claim of Universal dated September 5, it is said that the site of Jetune.ru was illegally reproduced and made public to the songs of the band “Banderos”. Jetune.ru works according to the scheme typical for semi-legal Russian Internet projects through the “roofing” organization of ROMS (Russian Society for Multimedia and Digital Networks), which appears in the lawsuit as a third party.
Labels united demand that the POMC license be null and void. In order to effectively lobby their interests, they formed a general association NFPF (National Federation of the producers of phonograms).
LLC Delia, the owner of the Jetune.ru website, must stop distributing the songs of the band Banderos and pay compensation in the amount of 100 thousand rubles. The requirement to revoke a POMC license will be considered in the framework of the same process, the preliminary hearing of which will be held on October 15.
')
This is not the only process. A few days earlier, the recording company Monolith filed a lawsuit against LLC Nova, which owns an online music store mp3spy.ru. This resource is accused of distributing and reproducing the album of songs “Glucose”, the duet “Nepar” and Yulia Savicheva without the consent of the copyright holder. "Monolith" asks the court to recover from the "Novy" 450 thousand rubles. and also, most importantly, to recognize the license of POMC as void. Preliminary hearings on the case will be held on October 25.
The ROMS said that Universal is unlikely to achieve anything in the courts. “We have repeatedly acted as a third party in such processes. As a rule, labels, including Universal, cannot even confirm their exclusive rights to certain works. This confirmation is usually copyright transfer agreements. Therefore, Universal is unlikely to win this process, ”said Oleg Mesus, director general of ROMS, in an interview with Kommersant.
Independent lawyers cannot predict the outcome of a case. They say that the current legislation in the field of copyright can be interpreted in different ways, and recently the Russian courts have made diametrically opposed decisions on such matters.
In the meantime, right holders are determined and are going to file new lawsuits (for this they hired the law firm "Specto"). They place particularly high hopes on future changes in legislation, namely, the entry into force in the beginning of 2008 of Part 4 of the Civil Code of the Russian Federation , which involves state accreditation of organizations like ROMS. The accreditation procedure has not been established, so that from the new year on, POMC and its similar structures may simply cease to exist or switch to the normal form of work and finally begin to conclude direct agreements with the right holders.
The pressure on online stores can lead to the fact that users will go to peer-to-peer networks, and pirated music sharing will be free and free. He will no longer create an imitation of legality and bring millions of dollars to crafty businessmen, as is happening now.
Source: https://habr.com/ru/post/14578/
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