Agency "Mill" won the case of RAO

Agency "Mill" was the first to prove that if the artist. Their own songs at the concert, a contract with the Russian Authors' Society (RAO) is optionally enter The Moscow Arbitration Court ruled that the "Mill" should not pay for waste Muse concert. Moscow concert of the British band Muse was in the "Olympic" 22 In May 2011, led the opening act for American rock band We Are Scientists. Previously, the "Y" on 24 May was accompanying his performance of "superanshlagom" tickets were sold in the first half of April, and the crowd of about 25,000 concert was a record number of viewers. In early July, the organizer of the concert agency "Windmill" (LLC "Mill XXI Century") filed in the Moscow Arbitration Court, the non-finalized agreement with RAO recognize "to license the right to use published works by public power." By this Treaty, 5% of the waste is from the proceeds from ticket sales, the public feels that the amount could be closer to 4 million rubles. As from the application itself, the agreement with RAO 20th May, which means it was made before the concert, when it was not clear what kind of work can be performed. After the concert, it was clear that all the works of artists - Matthew Bellamy, Chris Wolstenholme and others - who the author was. They received royalties directly from the "Mill", the statement said. The Moscow Arbitration Court agreed with the arguments of the plaintiff and 21 October is not a treaty, said: "b" in "mill". The corresponding decision was published on the website of the Court. The Court referred to Art. 432 of the Civil Code, under which the contract is concluded when the parties. Agreement on all essential terms of the contract In the case of the "mill" and RAO subject of the contract is not agreed by the parties. It is important that the matter be taken into consideration in bankruptcy court, said the representative of the "Mill" Anatoly Semenov developed in court has long-standing practice of considering such cases in favor of RAO. Following amendments to the Code of Arbitration Procedure (the creation of an intellectual property court, and in October, the State Duma adopted on first reading -. "B"), as of 2012, are all similar cases under the jurisdiction of only arbitration. RAO plans to appeal the decision. Windmills "by Elton John concert", "order. The reasons for the Court, such a decision is not possible, especially before the same Moscow Arbitration Court rejected a similar assertion can understand" - Says CEO of RAO Sergey Fedotov. In the case of compensation payable Muse concert not only the group, but the publisher and its records - by Warner / Chappell, he recalls, and the evidence that the money is actually paid and received the rights holder, the court was presented. A similar case in Tushino district court in Moscow: RAW trying to recover from the "Mill" to 4.3 million rubles. Deductions for holding concerts Valeria Kipelov, Grigory Leps, Garik Sukachev and "Time Machine". In March, the court ruled in favor of RAO, but in May, "The Mill" and Garik Sukachev appealed to the Moscow City Court on an appeal in cassation, arguing that the matter involved is the owner. 6th October Tushino Moscow City Court annulled the decision of the court and ordered a new trial, the date of which was not yet set. "Kommersant"