Court allowed the "mill" not pay for waste Elton John concert

Ninth Arbitration Court of Appeal, the appeal of the concert agency "Mills Concert" vacating the decision of the court on the payment of the Russian Authors' Society (RAO) royalties for Elton John concert, the "mill" organized. Booking Agency needed to realize not completed his contract with RAO, signed the day before the concert, the subject of inconsistency - a list of songs in the performance of which temporary license has been applied for. Agency representatives also said that the Court of Appeals agency abandoned its second requirement for waste to compel the plaintiff to enter into an agreement on the terms of payment of remuneration and consent to the use of published works through public performance. Elton John concert in December 2010 at the "Crocus City Hall". As it turned out after the show, Elton John played only original songs are the copyright of which he. A contract under which plaintiff was, in the event that the works are signed by other musicians perform. The position of the first instance of the Arbitration Court of Moscow on 12 October 2011 dismissed the concert agency "Mills concert." Judge Natalia Moscow Arbitration Court Karev dismissed the claim of "Mills" and pointed out that "the issue of non-completion of the contract due to the uncertainty of his subject should be discussed before the full or partial implementation, as uncertainty that condition may cause incapacity to perform the contract. " In the same case, if the contract is wholly or partially, should the patient's condition is not a contradiction, and the contract - not closed, according to the court's decision. Partial fulfillment of the contract Karev judge considered, in particular the provision of a report by the plaintiff to the defendant on the basis of the concert, one of the points of the disputed contract was provided. The dispute over the Muse concert appeal against the decision of the Moscow Arbitration Court 12th October was issued 2011th On 21 October last year, took the. Opposite the Moscow Arbitration Court decision on a similar suit "Mill" to the waste held in the Muse concert groups and We Are Scientists, in May 2011 in the "Olympic" in Moscow In that dispute, the court gave the "Mill" with out wasting a fee for his own band, Muse and the song We Are Scientists. Judge Tatyana Vasilyeva not recognized signed a license agreement between the waste and the "Mill", signed two days before the show, the agreement with the arguments of the concert agency. According to the plaintiff, with the signing of a license agreement, the agency could not know what songs performed by musicians in concert. After the concert, it became clear that the two groups only his own works, for, according to "The Mill" No funds should RAO - authorized organization for collective management of copyright. Royalties for the public performance of their works were directly to the musicians organized the concert paid. As mentioned in the decision of the judges Vasilyeva, agreed not the subject of the contract by the parties, it is not complete. The decision also states that "the true common intention of the parties was at the signing of the contract in the light of the purpose that the songs for the concert of Muse is made and We Are Scientists, not the LLC" Mill XXI Century ", which on this way, and do not intend, and could not use what works otherwise its way to a public appearance has. " RAPS