"Deep Purple" did not condemn themselves
Not so long ago , a topic slipped on Habré that RAO filed a lawsuit against Deep Purple for performing Deep Purple songs.
This news was picked up by many sites on the Internet and some media (Google gives out something like this ). Although in the comments to the habratopik there were clarifications on the topic, I decided to give the floor to the lawyer.
Everything that is written under the habrakat is neatly typed from the words of Kikteva Marina - a wonderful person and lawyer.
Attention: no one is trying to whitewash the radioactive waste with this text (they have enough stocks). This post is intended to explain how the situation with DP lies in the box of Russian legislation and what was the mistake of those who shouted that RAO filed a lawsuit against Deep Purple on behalf of Deep Purple.
On 15.06.09, the Kirovsky District Court ruled that it awarded the concert organizer (Yug-Art LLC) to pay compensation for copyright infringement to the band Deep Purple, which itself performed its own songs as part of this concert. At first glance, this decision may seem absurd, just like that, with screaming headlines, it 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 to recover compensation for copyright infringement of members of the Deep Purple group.
First, let's figure out what the violation consisted of. The Deep Purple group owns the copyright to their songs, which means that the members of the group can use them in any way that is not against the law. [ 2 ] If the song Deep Purple wants to be used by another person, it must conclude a license agreement with the group. It will indicate how another person can use the indicated music and what kind of reward for this use the Deep Purple members need to pay. [ 3 ]
One possible way to use songs is to publicly perform them. In the law, the concepts of “public execution” and “execution” are different. Public performance is a performance in live performance in a place where a significant number of people are present (concert), and the performance is directly singing. [ 4 ] The person who can use the songs through public performance is the organizer of the concert (Yug-Art LLC ), not the members of the group themselves (they do not organize a concert, but directly perform it, that is, their musical works). [ 5] LLC “South-art” does not have the copyright for the songs, so it had to conclude a license agreement with “Deep Purple” and pay them royalties. No such agreement was concluded between the group and Yug-Art LLC, no fee was paid, therefore, there is a violation of the Deep Purple copyright in the form of an uncontracted use of their works.
Now we will understand why the lawsuit was filed not by the members of the group, but by RAO. In addition to copyright holders, there are also special organizations that are created to manage such rights of their members. These organizations in the interests of their members conclude licensing agreements, collect royalties, protect the rights of authors in court. [ 6] These organizations exist in the Russian Federation, exist in other countries. The participants of Deep Purple are just members of two such foreign organizations (PRS and BMI). PRS and BMI transferred the rights to manage the group’s copyright in the Russian Federation to the Russian organization (RAO). [ 7 ] RAO now manages the rights to Deep Purple. This means that the license agreement with LLC South-Art was to be concluded not directly with the group, but with RAO. Therefore, RAO filed a lawsuit, and the compensation awarded for copyright infringement must be paid to RAO. And then RAO will then distribute this compensation among the participants in Deep Purple.
[ 1 ] RAO - All-Russian Public Organization “Russian Copyright Society”
[ 2] Art. 1270 of the Civil Code of the Russian Federation
[ 3 ] Art. Art. 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 ] Clause 32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and Plenum of the Supreme Arbitration Court of the Russian Federation No. 5/29 of 03/26/09 “On some issues that arose in connection with the enforcement of part four of the Civil Code of the Russian Federation ”
[ 6 ] Articles 1224, 1243 of the Civil Code of the Russian Federation
[ 7 ] Articles 1222 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 from 01.01.1995.
The news itself is here
P.S.Marina is not registered on Habré. But if you have questions to her on this topic, she will read them, try to answer, and I will publish these answers in the comments.
UPD : DP can perform their songs as much as they like !!! .. DP and other artists can themselves perform their songs without any RAO. An artist can go out and sing his songs - no one will demand money from him (he can also do this in his soul and friends with a guitar).
This news was picked up by many sites on the Internet and some media (Google gives out something like this ). Although in the comments to the habratopik there were clarifications on the topic, I decided to give the floor to the lawyer.
Everything that is written under the habrakat is neatly typed from the words of Kikteva Marina - a wonderful person and lawyer.
Attention: no one is trying to whitewash the radioactive waste with this text (they have enough stocks). This post is intended to explain how the situation with DP lies in the box of Russian legislation and what was the mistake of those who shouted that RAO filed a lawsuit against Deep Purple on behalf of Deep Purple.
On 15.06.09, the Kirovsky District Court ruled that it awarded the concert organizer (Yug-Art LLC) to pay compensation for copyright infringement to the band Deep Purple, which itself performed its own songs as part of this concert. At first glance, this decision may seem absurd, just like that, with screaming headlines, it 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 to recover compensation for copyright infringement of members of the Deep Purple group.
First, let's figure out what the violation consisted of. The Deep Purple group owns the copyright to their songs, which means that the members of the group can use them in any way that is not against the law. [ 2 ] If the song Deep Purple wants to be used by another person, it must conclude a license agreement with the group. It will indicate how another person can use the indicated music and what kind of reward for this use the Deep Purple members need to pay. [ 3 ]
One possible way to use songs is to publicly perform them. In the law, the concepts of “public execution” and “execution” are different. Public performance is a performance in live performance in a place where a significant number of people are present (concert), and the performance is directly singing. [ 4 ] The person who can use the songs through public performance is the organizer of the concert (Yug-Art LLC ), not the members of the group themselves (they do not organize a concert, but directly perform it, that is, their musical works). [ 5] LLC “South-art” does not have the copyright for the songs, so it had to conclude a license agreement with “Deep Purple” and pay them royalties. No such agreement was concluded between the group and Yug-Art LLC, no fee was paid, therefore, there is a violation of the Deep Purple copyright in the form of an uncontracted use of their works.
Now we will understand why the lawsuit was filed not by the members of the group, but by RAO. In addition to copyright holders, there are also special organizations that are created to manage such rights of their members. These organizations in the interests of their members conclude licensing agreements, collect royalties, protect the rights of authors in court. [ 6] These organizations exist in the Russian Federation, exist in other countries. The participants of Deep Purple are just members of two such foreign organizations (PRS and BMI). PRS and BMI transferred the rights to manage the group’s copyright in the Russian Federation to the Russian organization (RAO). [ 7 ] RAO now manages the rights to Deep Purple. This means that the license agreement with LLC South-Art was to be concluded not directly with the group, but with RAO. Therefore, RAO filed a lawsuit, and the compensation awarded for copyright infringement must be paid to RAO. And then RAO will then distribute this compensation among the participants in Deep Purple.
[ 1 ] RAO - All-Russian Public Organization “Russian Copyright Society”
[ 2] Art. 1270 of the Civil Code of the Russian Federation
[ 3 ] Art. Art. 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 ] Clause 32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and Plenum of the Supreme Arbitration Court of the Russian Federation No. 5/29 of 03/26/09 “On some issues that arose in connection with the enforcement of part four of the Civil Code of the Russian Federation ”
[ 6 ] Articles 1224, 1243 of the Civil Code of the Russian Federation
[ 7 ] Articles 1222 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 from 01.01.1995.
The news itself is here
P.S.Marina is not registered on Habré. But if you have questions to her on this topic, she will read them, try to answer, and I will publish these answers in the comments.
UPD : DP can perform their songs as much as they like !!! .. DP and other artists can themselves perform their songs without any RAO. An artist can go out and sing his songs - no one will demand money from him (he can also do this in his soul and friends with a guitar).