The court found Delit.net copyright infringer
Russian justice has been on the record industry side in the litigation against semi-legal online music vendors. Gala Records , being a representative of EMI Music, won the trial from the owners of the mp3-site Delit.net , Kommersant reports.
Gala Records, having begun the process in September 2006, accused the companies “Delit” and “Delit.ru” for offering about half a million tracks on the Internet at a price of $ 0.1 per piece, without having the necessary licenses. The court agreed that the sites violated copyright and related rights - including the rights of Gala Records. But the amount of compensation assigned to the respondent turned out to be much less than what the plaintiff demanded - 60 thousand rubles instead of 800 thousand.
The fact of the presence at the process of representatives of one of the societies for collective management of rights is remarkable: those that make it possible for sites like Delit.net to exist in the country. The organization FAIR ("The Federation of Rights Holders for Collective Management of Rights when Using Works in an Interactive Mode") was recruited as a third party. In the course of the proceedings, she referred to Article 45 of the Law of the Russian Federation “On Copyright and Related Rights”, prescribing the possibility to issue licenses on behalf of all rights holders, including those who did not delegate authority to the organization.
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But Judge Yana Larina ruled in Gala Records. “Do you seriously think that you can issue licenses for everyone like this?” She asked representatives of FAIR before. The motivational part of the decision, which will interpret it, promises to appear soon.
Gala Records is not very happy with the amount of compensation, but they call the decision itself “a precedent for the market”. FAIR representatives are waiting for motivation to see if a decision can be appealed.
Gala Records, having begun the process in September 2006, accused the companies “Delit” and “Delit.ru” for offering about half a million tracks on the Internet at a price of $ 0.1 per piece, without having the necessary licenses. The court agreed that the sites violated copyright and related rights - including the rights of Gala Records. But the amount of compensation assigned to the respondent turned out to be much less than what the plaintiff demanded - 60 thousand rubles instead of 800 thousand.
The fact of the presence at the process of representatives of one of the societies for collective management of rights is remarkable: those that make it possible for sites like Delit.net to exist in the country. The organization FAIR ("The Federation of Rights Holders for Collective Management of Rights when Using Works in an Interactive Mode") was recruited as a third party. In the course of the proceedings, she referred to Article 45 of the Law of the Russian Federation “On Copyright and Related Rights”, prescribing the possibility to issue licenses on behalf of all rights holders, including those who did not delegate authority to the organization.
')
But Judge Yana Larina ruled in Gala Records. “Do you seriously think that you can issue licenses for everyone like this?” She asked representatives of FAIR before. The motivational part of the decision, which will interpret it, promises to appear soon.
Gala Records is not very happy with the amount of compensation, but they call the decision itself “a precedent for the market”. FAIR representatives are waiting for motivation to see if a decision can be appealed.
Source: https://habr.com/ru/post/3290/
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