Paid taxes? The Russian Author`s Society (RAS) brought reasonings on copyright of
into court of the owner of the Nizhny Novgorod hairdressing salon for listening of radio “Dacha“ and seized from it 80 000 rubles in favor of the Russian authors of songs.
In December of last year the Russian joint stock company addressed the owner of a hairdressing salon with the offer to sign the contract and to pay 1000 rubles a month for use of copyright, but the owner rejected this offer, as brought it into the courthouse.
According to the owner of a hairdressing salon, radio sounded a background for a mood raising to the staff of salon and clients, but the additional fee for listening of radio was not raised from clients. However arguments were not taken into account by court, and the Russian joint stock company received monetary compensation. The same organization is ready to make claims and to other hairdressing salons, beauty shops and share taxis.
The employee of legal department of the Samara RJSC Denis Sorokin explained the created situation so: according to part 4 of the Civil code of the Russian Federation any reproduction of pieces of music with use of technical means in a circle of people which is not a family it is considered public execution and it has to be assessed with a tax for use of objects of copyright or be pursued under the law.
And here the owner of other beauty shop of Nizhny Novgorod is not going to refuse radio and television in the salon. He sincerely is perplexed why businessmen have to pay Russian joint stock company taxes for copyright if owners of radio stations and TV channels already paid authors of music all remunerations which are due to them?
Agree, questions there is concerning similar situations a weight. Whether it is possible to consider use of music commercial if for its listening a fee is not charged? And what if you lawfully got a disk and decided to listen to it publicly? Imagine an office party with colleagues (they - that your relatives are not in any way) - you decide to listen to music or radio... And that then in this case: violation of the law or not?
Or, for example, the minibus taxi driver who, having paid for a license disk, decides to listen to it in operating time and passengers become involuntary listeners. By the way, they can not divide tastes of the driver and are in a share taxi for the only purpose: to reach to a certain stop. What in this case?
It turns out that, having paid for a disk, the driver has to pay once again for copyright? And who will protect then the rights of the driver who has to pay for the same production twice?
It is possible to imagine also other situation: you buy the book, read it and then decide to give it to the friend, and that, in turn, transfers it further. And if reads aloud? What occurs in this case and what the book will differ from music in?
It is thought, the Russian author`s society should watch more strictly that illegal production did not flood counters of our shops that the price corresponded to quality, and, above all... that the adopted laws were not led up to the point of absurdity.
Though as you understand to make control raids on hairdressing salons, beauty shops and share taxis and to make the become puzzled businessmen responsible much more simply, than to fight against illegal turnover of counterfeit production.