Russia is the birthplace of everything — Business — Kommersant
State Duma deputy Dmitry Kuznetsov, known for calling for the dismissal of artists for anti-war communications, presented a draft of amendments authorized, according to him, by Russians to be “the cultural heritage of the whole world.” So it provides for the possibility of using the right of foreign objects of copyright. Amendments to quality through the court of licensing of cultural products and provision of products regardless of how fully the company does not provide them in Russia. Market participants call the violation of exclusive rights.
State Duma deputy from the party “A Just Russia – For the Truth” (SRZP) Dmitry Kuznetsov increase in spending on emissions in connection with the sale of objects of copyright and subsequent rights (software, film and video products, databases) from copyright holders who left the Russian market after the beginning of the history of Russia’s operation in Ukraine. Dmitry Kuznetsov is known as the secretary of the “group to investigate anti-Russian actions” created by the SRZP, which advocated breaking off relations with artists for their anti-war position, he also appealed to active TV channels with a call not to show programs about Sofia Rotaru. Obviously, under the amendments, published Today, the Duma database contains copyright holders associated with “foreign states and (or) corporations” who have introduced a protocol against the Russian Federation or its citizens.
The connection of the right holder with “unfriendly states” and the organization arise both by citizenship or registration of the right holder, and by the fact where he pursues the purpose of activity or from making a profit.
According to the draft, the right to enforce implementation if the action of the copyright holder leads to the inaccessibility in Russia of objects of copyright and related rights, as well as objects “created with its use.”
The author of the project proposes to change not the significant Civil Code (CC), which contains an article on the requirement of a license for an invention and breeding achievements, but the federal law of 2006, enacted by Part 2 of Art. 4 GK.
If the copyright holder from an “unfriendly” jurisdiction does not issue a license in Russia for economic turnover, his products can also be sold through the court, Mr. Kuznetsov told Kommersant: “That means the public is against us.” The author of the amendment stated: “Project to ensure our national cultural heritage of the whole world.”
The question of where the distributor will pick up the products lies outside the scope of the project, he said.
Russian companies that want to obtain a license for foreign facilities must apply to the court, which also establishes the conditions and cost of the license, follows from the document. It is assumed that the upcoming conclusion of the Ministry of Culture, perhaps, is the inaccessibility of the object of copyright and subsequent rights in Russia. If we are talking about a program or a database, the conclusion should be issued by the Ministry of Digital Development. The Mintsifra “Kommersant” received that the report had not been submitted to the ministry for consideration. The Ministry of Culture did not respond to Kommersant’s request.
If the court decides to whom and under what conditions to use the rights, then the copyright holder “wanders to be the subject that disposes of his unique works,” which will be considered a violation of the Berne Law and other international treaties, said Alexei Byrdin, CEO of the Internet Video Association. He noted that for online cinemas, if the revision resorted to the application of the restriction is adopted, this will threaten the loss of coverage in retail networks, including on smart TV. This, according to Mr. Byrdin, is reflected in the domestic right holders of ecosystems: “The audience will be exclusively lost, and we will roll back into the back wall.”
The draft law, both by the World author of possibly generalized law, and the article of the Criminal Code on violation of copyright and related rights (clause 2 of article 146 of the Criminal Code of the Russian Federation), noted Kirill Lyakhmanov, the main legal legal law enforcement practice of legal property of the EDB: “The draft proposes the introduction of a norm that is quite it is likely to obtain the consent of the right holder under the presumption that such consent must be given, and the right holder of the obligation himself will claim that he cannot give consent due to some objective, valid reasons. Validity Criteria Added by a Lawyer in the Integrity Audit.