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Judgment of the Plenary Session of the Supreme Commercial Court of 18 July 2014 № 51 “On Certain Questions Arising at Consideration of Disputes with Participation of Organisations Effectuating the Collective Management of Authors’ and Neighboring Rights” 

In this decree the Court resolved several issues of controversy regarding copyright collecting societies.

First, it ruled that collecting societies, when presenting suits in courts in the interests of copyright owners (“right-holders’), must give information on right-holders which would enable one to identify them and send them a court notice. This opinion of the Plenary Session aims at suppressing the practice under which the amounts collected from users would remain with collecting societies for an indefinitely long time instead of being duly remitted to copyright owners. It is also held that collecting societies may receive a writ of execution only when there is no objection on the part of copyright owner.

Second, it is established that the amount of compensations for the violation of author’s and neighboring rights is to be calculated in accordance with the rules of the Civil Code and should not depend on the rates used by collecting societies themselves (the application of such rates enabled the collecting societies to inflate the amounts of compensations). The Court also emphasised that a violation of rights of several right-holders (e.g. coauthors or a music band) by a single action of an offender constitutes a single violation of IP-rights. Thus, it is no longer inadmissible to increase compensation through multiplying it by the number of persons whose rights have been infringed.

The decree does not apply to suits presented on behalf of an uncertain number of right-holders.

Document  (265.72Kb)

Subject areas: 
Civil law  IP-rights 

 

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