Performance of artists, whose music was used by Yandex. Photo: Dmitry Petelin, Dmitry Golinsky, RockTimes
Today it became known about the legal proceedings between the companies SO / Era Music and Yandex. The defendant is Yandex, whom the plaintiff accuses of violating copyright and related rights, demanding compensation of 5.4 million rubles. In the opinion of the representatives of the “SO / Era Music”, the services of “Yandex.Music” illegally housed the works of two Russian groups – 25/17 and “Led 9”. The license for all their works belongs to the plaintiff who previously tried to negotiate with the Internet company, but it was unsuccessful.
Originally works 25/17 and “Ice 9” were placed under license, according to which “SO / Era Music” provided Their catalogs “Yandex” for a certain period and certain conditions. After some time, the copyright holder learned that Yandex violated the terms and terms of using the songs, stipulated in the license, Izvestia writes. In particular, Yandex is accused of illegally placing albums on the Yandex.Music service and images of the artists of these groups for promotional purposes.
“Yandex.Music” received advertising revenue and paid subscription in a mobile application.For the mobile application, portraits of our artists were used, “said Maxim Kulkov, managing partner of the law firm Kulkov, Kolotilov and Partners, which represents the plaintiff’s interests in court .
A preliminary court hearing has already been scheduled, it will be held on May 23. According to experts, LLC “SO / Era Music” has every chance to win a court. “The court will need to prove only two facts: that the plaintiff really has rights and that” Yandex “does not have such rights. Usually it’s very simple. Use of other people’s works is prohibited. If the plaintiff in court proves the fact of the negotiations, that is, “Yandex” knew that he violated the law and did not do anything about it – this could become the basis for increasing compensation, “commented Lyudmila Kharitonova, managing partner of the law firm Zarcin, Yankovsky And partners. ”
According to Leonid Agronov, director general of the National Federation of the Music Industry (unites the rights-holders of music content), in Russia music publishers, especially small ones, very rarely apply to court for the protection of their rights. “I do not have a rational explanation why this happens, it’s strange and wrong. As a result, the whole industry suffers. The large rights holders understood this for a long time, “Leonid Agronov said.
Both groups whose copyrights were violated are founded by the same musicians – Andrei Pozdnukhov and Anton Zavyalov.