Sunday, September 29, 2013

Director of the Moscow Philharmonic Society: RAO not articulated claims

Russian Authors' Society (RAO) that collect a court of FGUK "Moscow State Philharmonic Society" requires about 4 million rubles debt on remuneration, are not clearly set out their claims and do not indicate the need for execution of public works money. This was reported by RIA Novosti Director Philharmonic Elena Zubarev. The lawsuit RAO says that in 2002, it has entered into a license agreement with the Philharmonic, and gave her a non-exclusive license for the public performance of RAW Roster of music on the site Philharmonic. As I said, Zubarev, "according to RW underpays Philharmonic remuneration for the performance of music that elevates the company to the authors." Philharmonic in turn insisted that all sums due to the authors, it has paid in full "RW as unjustified requires payment of damages for breach protected works and unknown, for its benefit." "The essence of the conflict is playing music, the Philharmonic is obliged to contribute royalties composers -. This service collects waste on behalf of composers, but after 70 years after his death to his work in the public and by any person without permission and without paying The compensation will be performed for the execution of the works by Piazzolla Philharmonic Sviridov and to pay compensation, and for Mozart and Tchaikovsky -. not ", - said the director of the Philharmonic. Zubarev stipulates that "the problem is when Sviridov (protected) and Mozart (not protected) occur together in a concert occurs." "The decision in 1994, that under the old law, the government resolution" to the minimum rates of remuneration for certain uses of works of literature and art ", which collects waste rewards are unclear which calculates the charge for all services works including unprotected. Philharmonic also believes that. This interpretation is not consistent with the applicable law, in particular the 2006 fourth part of the Civil Code "- She said so after Zubareva" Philharmonic pay and pay royalties only works protected and should not be paid for the work that she has to use the right under the law, without paying compensation. "" Although the lawsuit pending the recovery of compensation, which, like this, to protect the interests of authors, can not even say that the rights of the authors have been injured as anything because everything that makes us lies strictly with the authors , the Philharmonic has been paid. Who pays and what is the future of compensation for Mozart and Bach Philharmonic unknown collected. There is another process - Inland Revenue tax due to waste on the inverted waste in their favor unclaimed rewards. Considering that it is not excluded that these amounts are not distributed among the authors, and simply call RW in your income, "- yet the director explained Philharmonic According to her, today held three hearings, but is in the substance of the case considered been .. " During that RAO can not say clearly to show his claims for the performance of work required fee, to confirm the authority to bring an action and other boring, require work and effort, but necessary duty. Filed RAO claim does not meet the requirements of procedural law. RAO representative always repeats the sentence, "they have to pay a certain percentage of the concert" to listen and refuses to understand that comments Philharmonic and the court that the law shall not collect waste perform fee for the right to a concert, and a reward for performance licenses. That is why the demand for the payment of compensation for the use of works that she is paid to be given, "- said Zubarev She stressed that at the moment the plaintiff Philharmonic spends this work and prepare lists of work carried out shows purchase price and the calculation of the amounts claimed. Rao. Only one room Tchaikovsky, and concert halls in several Philharmonic, the document was 67 pages visible. "Apparently neposilen this work for an organization such as radioactive waste. This confirms the hypothesis, the Philharmonic, the question really is not about the amount by which allegedly deprived the authors and the reluctance waste management daily work on the calculation of the compensation that leads the Philharmonic Society. The position of "pay 5% for those who give money," is much less labor intensive and more profitable. Meanwhile the work of counting and calculating the remuneration RW writers, members of the public for such services from the provisions of the percentage of remuneration distributed ", has -. Lock the agency interlocutor hearing a suit is scheduled for February 20.

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