December 27 Main results of the day

The team of the Bureau of Lawyers “De jure” has won a long-awaited victory in the Supreme Court in the case of copyright protection for the song “Zimushka-Zima” against Channel One. The essence of the dispute was that in January 2021, a dance number with the participation of the ensemble “Podsolnuhi” to the musical accompaniment of the song “Zimushka-Zima” was shown on Channel One in the TV program “Pole Chudes”. Copyright and related rights belonged to the Principals, who did not transfer the rights to use the song to either Channel One JSC, or the Solnechny Club municipal institution, or TV Company VID JSC, whose possible guilt was pointed out by a representative of Channel One. Protecting the interests of the Principals in the Supreme Court of the Russian Federation in connection with the violation of their intellectual rights, the lawyers of the Bureau noted that the lower authorities made the same mistakes over and over again in the application or interpretation of the norms of substantive law. In particular, they pointed out that the inclusion of musical works in a TV program is not an independent method of use, but only the usual technological process of creating a complex object, and, consequently, the author’s rights are not violated in this case. Lawyers of the Bureau of Lawyers “De jure” consistently defended the position of copyright infringement, since the inclusion of a copyright object in a TV program is an independent way of using it, which does not allow violation of exclusive rights to independent results of intellectual activity, legal publication and deposit (statement of authorship) rights to a musical work and a phonogram. On December 27, the arguments of the cassation appeal were supported by the Supreme Court of the Russian Federation by canceling the judicial acts of the lower courts and sending the case for a new trial to the court of first instance. During the new consideration of the case, we hope that the lower courts will take into account as much as possible not only the arguments of the cassation appeal considered, but also certain instructions of the Supreme Court of the Russian Federation, which will be set out in the judicial act. The interests of the Principals were represented by Nikita Filippov, Head of the Bureau of Lawyers “De jure”, and Rashid Gitinov, Head of the Intellectual Property Dispute Resolution Practice at the Bureau of Lawyers “De jure”.

The Ninth Arbitration Court of Appeal reversed the decision of the court of first instance and refused to collect the debt from our Principal. Lawyers of the Bureau managed to convince the three experienced judges of the appellate instance of the legitimacy and validity of the Principal’s arguments and the complete absence of grounds for recovering money from him. The interests of the Principal were represented by Dan Khorolets, lawyer of the economic dispute resolution practice of the Bureau of Lawyers “De jure”.