Yekaterinburg court dismissed the action for waste Philharmonic

Kirov District Court in Yekaterinburg dismissed the action of the Russian public organization "Russian Authors' Society" (RAO) on the recovery of the Sverdlovsk State Academic Philharmonic 510,000 ruble debt, said the Philharmonic. The court dismissed the complaint because the amended 8th December 2011 amendments to the Code of Arbitration Procedure of the Russian Federation on the referral of organizations for collective management of copyright to the competence of commercial courts. According to the source, a conflict arose between the parties after the introduction in 2008, the civil law rules on the free movement and free use of works in the public domain. Philharmonic, approved by the Union of concert organizations method was royalty on the playing time of copyrighted works transmitted calculated, the report said. Previously, similar provision to cease production Lenin and the October Revolution district courts Yekaterinburg brought claims drop to the movies "Salute" and the movie "South West", "Standard" and "Dawn". RAO lawsuit with the Moscow Philharmonic RAO also requires a court to collect from FGUK "Moscow State Philharmonic Society" over 4 million ruble debt to royalty. The suit says that in 2002, RAO signed a licensing 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 noted by RIA Novosti Director Philharmonic Elena Zubarev, "according to RW Philharmonic underpays remuneration for the performance of music that elevates the company to the authors." Reported Philharmonic was in turn ensure that all sums due to the authors, it has full amount paid. After Zubareva, "play music, the Philharmonic will be required to contribute royalties composers - this service collects waste on behalf of composers, but after 70 years after his death, is his work in the public and may require any person without permission and without paying Compensation will be executed. " She stated that "for the execution of works by Piazzolla Philharmonic Sviridov and is required to pay compensation, and for Mozart and Tchaikovsky - No." Set Zubarev, that "the problem is when Sviridov (protected) and Mozart (not protected ) occur together occurs in a concert. " Adopted in 1994, Government Resolution "On the minimum rates of remuneration for certain uses of works of literature and art" by which waste rewards are not clear, which is the fee for the entire performance of a work calculated, including non-protected collects, said the director of the Philharmonic. Philharmonic also believes that. This interpretation is not consistent with the applicable law, in particular the 2006 fourth part of the Civil Code In this regard, according Zubareva "Philharmonic is required to pay and pay royalties only works protected and should not be paid for the work she has to use the right under the law, without payment of compensation." According to her, "despite the fact that the claim is declared, royalties collect, how it is, to protect the interests of authors, one can not even say that the authors' rights were violated something, because everything which strictly by us of the authors, Philharmonic has been paid. "Who pays and what is the future of compensation for Mozart and Bach Philharmonic unknown collected. RIA Novosti