The organised author`s communityAs became known “ “ the Russian author`s society (Russian Open Society), the agent of the most known musicians and composers, has submitted to arbitration court of Moscow the claim to the state broadcasting company VGTRK. The society demands 51,2 million rbl. for sounded on air of TV channel “ Russia “ pieces of music of the Russian and foreign authors, whose interests of the Russian Open Society represents under the contract with VGTRK. Experts consider good society prospects in suit, saying that music in a teleether “ promotes appeal of the channel to public and advertisers “.
As declare in the Russian Open Society representing interests more of twenty thousand of the Russian musicians and composers, in arbitration court of Moscow them has compelled to address “ brazen violation of the rights of authors by the largest telebroadcasting company “. In 2007 the society, according to in the Russian Open Society, has concluded the contract with a broadcasting company on 140 million rbl. However VGTRK by the present moment has paid only a part of this sum. “ negotiations went long and have ended with that VGTRK has offered us 20 million rbl., referring to financial crisis, - the general director of the Russian Open Society Sergey Fedotov has told. - But to us it in general is not clear, crisis has begun now, and money under the contract relies for 2007. It does not suit us “. Especially mister Fedotova is revolted with the fact that VGTRK, as he said, ignored all letters from the higher operating body of the Russian Open Society - author`s council into which patriarchs of domestic music Yury Antonov, Alexander Pahmutova, Andrey Eshpaj enter.
In VGTRK to make comments on the claim have refused. “ without comments “ - Victoria Arutyunov has declared the adviser of general director VGTRK, having conferred preliminary with lawyers of a broadcasting company. A source “ “ in management VGTRK also has declared only that the claim while “ did not see “ Also has expressed readiness to begin trial, and “ on its results all will be clear “.
we Will notice that it any more the first suit of a society with a broadcasting company. In 2004 of the Russian Open Society has spent whole series of trials with VGTRK with attraction of the most known clients, for example Yury Antonova and David Tuhmanova. However, then the Russian Open Society pursued other aims, combating in a similar way a competing Russian society of authors and other legal owners for control over deductions VGTRK. However now the society connects the contract with a broadcasting company. Thus since January, 2008 when the part 4 - I of the Civil code of the Russian Federation has come into force, at the Russian Open Society actually does not remain competitors as the last actively used in the work legal openings in the legislation, nowadays closed.
the Russian author`s society, the successor of All-Union agency under copyrights, is the largest agent in the country on gathering of the awards which payment is provided by a part 4 - j the Civil code of the Russian Federation. The Russian Open Society renders services more than 20 000 Russian composers, writers, poets, musicians, collecting for them compensation, for example, for public execution of their products at concerts or in a teleether. Society incomes in 2007 - 1,53 mlrd rbl. (from them deduction from broadcasting companies - about 550 million rbl.) Deductions to authors - 806,7 million rbl. (the rest - expenses of the Russian Open Society plus the commission from authors for society services).
“ Not clearly, why the company in general has incurred obligations, without going to carry out them “ - mister Fedotov is perplexed. Experts name good Russian Open Society prospects in forthcoming suit. “ thanks to the Russian Open Society receive the fees professional authors for whom it is the basic source of the income, - the expert in the copyright the operating partner of the legal company " speaks; Tulubeva, Osipov and partners “ Irina Tulubeva. - TV channels use the objects protected by the copyright, - music, songs, dramaturgic products which promote appeal of the channel to public and advertisers “. Madam Tulubeva considers that the Russian Open Society “ arrives correctly “: “ VGTRK - the largest payer, the others look at it, for example radio stations in regions which too if something happens will refuse to pay “.
Mister Fedotov has added that the Russian Open Society is going to submit new claims to VGTRK. As he said, for 2008 with a broadcasting company the contract on other system of calculation has been concluded: VGTRK should pay the Russian Open Society not fixed sum, and 2 % from the income, or about 400 million rbl., by estimates of the general director of a society. This sum also will lay down in a basis of the new statement of claim. We will remind, what exactly the minimum rate of author`s deductions in 2 % from the income of speakers was supported by Minkult which have prepared the corresponding project of the governmental order of the Russian Federation (“ “ informed on it on November, 7th).
Thus in the Russian Open Society are afraid that VGTRK it can appear the difficult opponent in courts and consequently have called to the aid head of the Office of the President Sergey Naryshkin. Author`s council of a society has sent it the letter with the request “ to interfere with this situation and to help an objective legal investigation “.