What lawyers say about Leps vs. Litigation In contact with
According to the decision of the thirteenth arbitration court, the VKontakte social network is obliged to pay 750 thousand rubles. Studio “Nikitin Media Digital Content” for violating the rights of the copyright holder for 10 songs of Grigory Leps and 600 thousand rubles. - Soyuz Studios for violating the rights to the compositions of the groups Aria, King and the Fool and Hands Up. You can read about the details of both trials here .
In turn, to understand what is happening, Megamind asked for the opinion of Vitaly Selivanov, director of the IT-LEX law firm :
It is difficult to comment on this particular case. The dispute was considered in closed court.
In general terms, it can be said that the law has a special rule on liability for violation of intellectual rights in entrepreneurial activities (paragraph 3 of clause 3 of article 1250 of the Civil Code of the Russian Federation).
According to the indicated norm, the measures of responsibility for violation of intellectual rights committed by the violator in carrying out entrepreneurial activities are subject to application regardless of the fault of the violator, unless such a person proves that the violation of intellectual rights occurred due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions .
Further, the entrepreneur, in recourse, may submit a claim for compensation for losses incurred by a specific person who has committed a violation (Clause 4 of Article 1250 of the Civil Code of the Russian Federation).
This rule fully applies to information intermediaries. Therefore, the norm on the responsibility of the information intermediary in the presence of fault (Article 1253.1 of the Civil Code of the Russian Federation) and the grounds indicated therein for exemption from liability of the information intermediary are important only for determining whether in a particular case he has the right to recover losses from the user or not.
Vkontakte's fault was established in this case or not, only the solution will show, which, it seems, we will not see.
Megamind continues to follow the news on this case.