… And will not listen – Russian newspaper

The Supreme Court of Russia defended TVs installed in hotel rooms, the lobby and throughout the public areas of the additional levies.

Review of judicial practice

The situation may seem absurd to people who are not privy to the legal technicalities. We will not argue: perhaps it was and is. But the right to free watch TV while strangers or even in hotel rooms was really under serious threat. The fact that the defenders of copyright seen in public television once a source of income.

One of the first strike took them a holiday house in the Kaluga region, who bought a package of satellite television. Soon after the hotel was attended by representatives of the company – operator of satellite television – and recorded the obvious: that the TV is in the rooms. On this basis, the operator of satellite television began to demand from the hotel 190 thousand rubles for violation of intellectual property rights. The logic is as follows: package purchased not for himself but for the customers. Hence, it is necessary to share the earnings of those who own intellectual property rights.

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If the sellers of satellite television managed to win, it would have been under threat not only to hotels and their guests. Leg plaintiffs could come to beauty salons, shops, restaurants, and so on: all crowded places where sometimes work televisions. Let’s say you want to watch football at the bar on the satellite channel? Please, but only if the owner of the bar alone who should pay. Is it fair? Who gets the money, to think that – yes.

Television tried to follow in the footsteps of music. For the defenders of copyright has achieved what good songs in a public area, we almost did not hear. Look around: in many beauty salons if radio is playing? Somewhere where agreed to conclude an agreement with the copyright societies, are still sounding songs. But in many places instead of music is now TVs. That’s on them and would strike another blow.

A court for intellectual property rights

There is an important legal subtlety. The law divides the copyright and related. It is better to avoid confusion. For example, the right of producers to broadcast a football match refers to related rights. Etc. In this case, the operator of satellite television is trying to recover compensation for the related rights, and his victory is threatened, we turn off the TV in public places.

But the Court of Intellectual Rights dismissed the claim. But Russia’s Supreme Court cited the case as an example in his review of the judicial practice on protection of intellectual property. Now, every lawyer should remember that seek compensation for the violation of related rights is possible only in the case when the TV was in place with paid entrance. Or the cost of television viewing was included in the room rate.

But when in the lobby, where TV works, can enter anyone, and watch as he wants, and the room price does not depend on the TV, it offers free to indulge It offers the latest news. Hooray? I want to believe.

The definition of the Supreme Court

It is possible that TV remains the last island of freedom from special allowances to be paid for the right to view and listen to something interesting among strangers. Provided, of course, if the air is not music. In their accounts of music to the audience.

As explained by the “RG” lawyer Tatyana Micon, in the case of satellite TV deals with the protection of related rights, which belong to the organization of air and cable broadcasting.

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– although these rights are similar to copyright but not identical, – says Tatiana Micon. – Moreover, some rights can not exclude the other, that is, can coexist right to broadcast television programs and the right to work, members of the TV show.

The exclusive right to telecast applies only to cases where the TV is in a paid position. For example, someone will sell tickets to watch satellite channels. And people will go specifically to the TV. But to watch music programs need a license from the copyright society. For example, if the hotel from 50 to 200 rooms, the average cost is from 3 thousand to 10 thousand rubles, the copyright society will require to pay 24 rubles per month per room. So if the hotel has 100 rooms in a month for the music in the lobby and rooms have to pay 2400 rubles.

At the same time for the music in the restaurant would have to pay separately. Separately, karaoke machines and music – 1000 rubles per month for each unit, and so on.

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