"Deep Purple" did not sue themselves
Not so long ago, on Habré, I skipped the topic that RAO filed a lawsuit against Deep Purple for performing songs of Deep Purple.
This news was picked up by many sites on the Internet and some media (Google gives something like this ). Although in the comments to Habratopic were explanations on the topic, I decided to give the floor to the lawyer.
Everything that is written under the habrakat is carefully typed from the words of Marina Kiktev - a wonderful person and lawyer.
Attention: nobody tries to whitewash RAO with this text (they have enough jambs). This post is intended to explain how the situation with DP falls in the Russian law box and what was the mistake of people crying that RAO filed a lawsuit against Deep Purple on behalf of Deep Purple.
06/15/09 The Kirovsky District Court issued a decision, which awarded the concert organizer (Yug-Art LLC) to pay compensation for copyright infringement to the group “Deep Purple”, which itself sang its own songs as part of this concert. At first glance, this decision may seem absurd, and it is this, with screaming headlines, that was presented in most Russian media. However, if you carefully read the decision itself, as well as the articles of the law on which it is based, it becomes clear that the decision is absolutely logical and, moreover, legal.
')
So, the lawsuit was filed by RAO [ 1 ] against Yug-Art LLC for the recovery of compensation for copyright infringement of the members of the Deep Purple group.
First, let's figure out what the violation was. The Deep Purple group owns the copyright of their songs, which means that the members of the group can use them in any way that does not contradict the law. [ 2 ] If the Deep Purple songs want to be used by another person, they must enter into a licensing agreement with the group. It will indicate how another person can use the specified music and what reward for this use is to be paid by Deep Purple members. [ 3 ]
One of the possible ways to use songs is their public performance. In the law, the concept of "public performance" and "performance" differ. Public performance is the presentation of the work in a live performance in a place where there is a significant number of people (a concert), and the performance is singing directly. [ 4 ] The person who can use the songs through their public performance is the concert organizer (Ug-art LLC ), not the band members themselves (they do not organize a concert, but directly perform, that is, their musical works). [ 5 ] Yug-Art LLC does not hold copyright to the songs, so it had to enter into a licensing agreement with Deep Purple and pay them an award. Such an agreement between the group and Yug-Art LLC was not concluded, the remuneration was not paid, therefore, there is a copyright infringement of “Deep Purple” in the form of the non-contractual use of their works.
Now let's see why the lawsuit was filed not by the group members, but by the RAO. In addition to the owners of copyright, there are also special organizations that are created to manage such rights of their members. In the interests of their members, these organizations conclude licensing agreements, collect royalties, protect the rights of authors in court. [ 6 ] These organizations exist in the Russian Federation and exist in other countries. Deep Purple members are just members of two such foreign organizations (PRS and BMI). PRS and BMI have the authority to manage the copyright of the group on the territory of the Russian Federation transferred to the Russian organization (RAO). [ 7 ] Now RAO manages the copyright of Deep Purple. It means that the licensing agreement with LLC Yug-Art should have been concluded not directly with the group, but with radioactive waste. Therefore, the claim filed by RAO, and the award of compensation for copyright infringement must be paid to RAO. And RAO will then distribute this compensation among the participants of Deep Purple.
[ 1 ] RAO - All-Russian public organization "Russian Authors' Society"
[ 2 ] Art.1270 of the Civil Code of the Russian Federation
[ 3 ] Articles 1229, 1235, 1286 of the Civil Code of the Russian Federation
[ 4 ] Art. Article 1313, 1270 of the Civil Code of the Russian Federation
[ 5 ] P.32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation No. 5/29 of March 26, 2009, “On Certain Issues Arising from the Enactment of Part Four of the Civil Code of the Russian Federation”
[ 6 ] Art. Articles 1224, 1243 of the Civil Code of the Russian Federation
[ 7 ] Art.1242 p.3 of the Civil Code of the Russian Federation, Agreement between RAO and BMI of January 10, 1996, Agreement on mutual representation of interests between RAO and PRS of January 1, 1995.
The news itself is here.
PS Marina is not registered on Habré. But if you have questions about her on this topic, she will read them, try to answer them, and I will post these answers in the comments.
UPD : DP can perform their songs as they please !!! .. DP and other artists themselves can perform their songs without any radioactive waste. An artist can go out and sing his songs - no one will demand money from him (he can also do it in the shower and friends with a guitar).
This news was picked up by many sites on the Internet and some media (Google gives something like this ). Although in the comments to Habratopic were explanations on the topic, I decided to give the floor to the lawyer.
Everything that is written under the habrakat is carefully typed from the words of Marina Kiktev - a wonderful person and lawyer.
Attention: nobody tries to whitewash RAO with this text (they have enough jambs). This post is intended to explain how the situation with DP falls in the Russian law box and what was the mistake of people crying that RAO filed a lawsuit against Deep Purple on behalf of Deep Purple.
06/15/09 The Kirovsky District Court issued a decision, which awarded the concert organizer (Yug-Art LLC) to pay compensation for copyright infringement to the group “Deep Purple”, which itself sang its own songs as part of this concert. At first glance, this decision may seem absurd, and it is this, with screaming headlines, that was presented in most Russian media. However, if you carefully read the decision itself, as well as the articles of the law on which it is based, it becomes clear that the decision is absolutely logical and, moreover, legal.
')
So, the lawsuit was filed by RAO [ 1 ] against Yug-Art LLC for the recovery of compensation for copyright infringement of the members of the Deep Purple group.
First, let's figure out what the violation was. The Deep Purple group owns the copyright of their songs, which means that the members of the group can use them in any way that does not contradict the law. [ 2 ] If the Deep Purple songs want to be used by another person, they must enter into a licensing agreement with the group. It will indicate how another person can use the specified music and what reward for this use is to be paid by Deep Purple members. [ 3 ]
One of the possible ways to use songs is their public performance. In the law, the concept of "public performance" and "performance" differ. Public performance is the presentation of the work in a live performance in a place where there is a significant number of people (a concert), and the performance is singing directly. [ 4 ] The person who can use the songs through their public performance is the concert organizer (Ug-art LLC ), not the band members themselves (they do not organize a concert, but directly perform, that is, their musical works). [ 5 ] Yug-Art LLC does not hold copyright to the songs, so it had to enter into a licensing agreement with Deep Purple and pay them an award. Such an agreement between the group and Yug-Art LLC was not concluded, the remuneration was not paid, therefore, there is a copyright infringement of “Deep Purple” in the form of the non-contractual use of their works.
Now let's see why the lawsuit was filed not by the group members, but by the RAO. In addition to the owners of copyright, there are also special organizations that are created to manage such rights of their members. In the interests of their members, these organizations conclude licensing agreements, collect royalties, protect the rights of authors in court. [ 6 ] These organizations exist in the Russian Federation and exist in other countries. Deep Purple members are just members of two such foreign organizations (PRS and BMI). PRS and BMI have the authority to manage the copyright of the group on the territory of the Russian Federation transferred to the Russian organization (RAO). [ 7 ] Now RAO manages the copyright of Deep Purple. It means that the licensing agreement with LLC Yug-Art should have been concluded not directly with the group, but with radioactive waste. Therefore, the claim filed by RAO, and the award of compensation for copyright infringement must be paid to RAO. And RAO will then distribute this compensation among the participants of Deep Purple.
[ 1 ] RAO - All-Russian public organization "Russian Authors' Society"
[ 2 ] Art.1270 of the Civil Code of the Russian Federation
[ 3 ] Articles 1229, 1235, 1286 of the Civil Code of the Russian Federation
[ 4 ] Art. Article 1313, 1270 of the Civil Code of the Russian Federation
[ 5 ] P.32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation No. 5/29 of March 26, 2009, “On Certain Issues Arising from the Enactment of Part Four of the Civil Code of the Russian Federation”
[ 6 ] Art. Articles 1224, 1243 of the Civil Code of the Russian Federation
[ 7 ] Art.1242 p.3 of the Civil Code of the Russian Federation, Agreement between RAO and BMI of January 10, 1996, Agreement on mutual representation of interests between RAO and PRS of January 1, 1995.
The news itself is here.
PS Marina is not registered on Habré. But if you have questions about her on this topic, she will read them, try to answer them, and I will post these answers in the comments.
UPD : DP can perform their songs as they please !!! .. DP and other artists themselves can perform their songs without any radioactive waste. An artist can go out and sing his songs - no one will demand money from him (he can also do it in the shower and friends with a guitar).
Source: https://habr.com/ru/post/64727/
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