In August, the Ministry of Communications and Mass Media prepared the first version of the draft law on the complete abolition in Russia of the non-contractual collective management of copyright and related rights. According to the developers of the draft law, the current system is non-transparent, and rightholders have claims to it. Deputy Minister of Communications Alexey Volin believes that the author should independently negotiate with a collective management organization and stipulate conditions. The Ministry of Communications and Mass Media also hoped for the emergence of many competing collective management societies in the country.
The new version was finalized by the Expert Council under the government, it was coordinated by representatives of operators, copyright holders and Internet companies. The Ministry of Communications and Mass Media proposed to leave the opportunity to work without a direct contract when collecting remuneration for reproducing phonograms for personal purposes - a
“tax on blanks” , it is collected by the Russian Union of Rightsholders, headed by Nikita Mikhalkov. There will be no talk of competition, for this area there will be state accreditation for organizations. For other areas this accreditation will be canceled.
In Russia, four societies are accredited by the Ministry of Culture for the collective management of copyright - the
Russian Copyright Society , the
All-Russian Intellectual Property Organization , the
Russian Union of Rights Holders and the
Partnership for the Protection and Management of Rights in the Field of Art .
Top managers of copyright societies on the new bill will not have to occupy the same post for more than four years in a row and hold senior positions in several organizations of this type at the same time. Top managers will not simultaneously manage the copyright society and the company-owner. Now the general director of RAO Sergey Fedotov is the director of the RSP, the director of the WIPO Andrei Krichevsky is the first deputy general director of the RSP and the head of Firms Melodiya.
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Artemy Karpychev, Director General of RAO, believes that the restriction on the occupation of posts violates the rights of managers, because they are not state employees. He does not understand why the Civil Code should regulate issues of labor law.
At the moment, copyright societies
represent the interests of all authors regardless of the existence of a contract, citizenship and place of residence. In June 2009, the court
fined the organizers of the Deep Purple concert for 450,000 rubles for performing their songs: “The court decided to collect from Deep Purple in favor of Ian Gillan, Roger Glover, Steve Morse and Ian Pace 450 thousand rubles for the unauthorized public performance of Ian Gillan, Roger Glover, Steve Morse and Jan Pace. ” The organizer of Yug-Art LLC entered into an agreement with the group to organize a concert, but did not enter into a licensing agreement with the Russian Authors ’Society, to which foreign organizations PRS and BMI transferred management of rights to Deep Purple works in Russia.