Regulation of use of different types of soundtracks of pieces of music in live concert activity.
in Russia occur Today active process of cultural degradation. Especially the musical sphere suffers. And “The people which do not have pure and light music are doomed to degeneration. Destruction of any state begins with destruction of its music“ (Confucius).
One of the reasons of cultural decline is use by performers of pieces of music at concerts of a plus soundtrack (plywood, so calls it today).
Imperfection of the Russian legislation on regulation of concert activity allows any “singers“ to stamp songs under “plywood“ at various concerts, to deceive consumers and not to bear any legal responsibility for it.
This problem was tried to be solved for a long time. But bill of. Moscow “About an order of application of article 10 of the Federal law “About consumer protection“, concerning use of soundtracks when rendering entertaining services to consumers“, neither the act of the Russian Federation “About consumer protection“, nor the bill “About Implementation Gastrolno - Concert Activity in the field of Musical Show - Business“ introduced (in due time) by deputies Andrei Woolf, Iosif Kobzon cannot solve this problem.
Having studied various materials, I came to the following conclusion: laws do not work because legal concepts of different types of soundtracks are not defined (use of a plus soundtrack - violates the rights of consumers, and minus and partial - no if, of course, at the same time the performer sings alive).
In December, 2007. I defended the master`s thesis on the subject “Mechanism of Legal Protection of Constitutional Rights of Authors, Performers and Consumers of Pieces of Music“.
As a result of this research the bill of regulation of “live“ concert activity was developed. In it it is legally defined what is a plus, minus and partial soundtrack, vocal and tool imitation, live execution of the piece of music etc. of
by means of the bill it is possible to solve not only a problem of use of a plus soundtrack of the piece of music by performers at a concert, but also some other problems.
A basis of this bill is the described Automated system of collecting, processing and issue of information on authors and owners of pieces of music, organizers of concert activity and performers of publicly executed pieces of music. It allows: to keep the register of the accounting of pieces of music, their authors and owners; to keep the register of the accounting of performers of publicly executed pieces of music and organizers of concert activity and to start the mechanism of legal protection of the constitutional and other rights of authors, performers and consumers, publicly executed pieces of music.
According to this bill:
the author - has an opportunity to check illegal use of the work, payment of the fee for work use. The author has an additional opportunity to prove “authorship“ to work, in case of legal disputes. In special base works also will be stored in a musical look, and in the form of a soundtrack (record of sounds on a disk). Such base will be library - a record library on saving pieces of music;
the performer - can always check: where and when he acts and where and when the swindler acts, being covered with a name of the actor. In this case the performer can report on the website, by phone in special service or otherwise;
the consumer - will be able to learn where who and when acts with a concert, what concert program, who the responsible person (organizer) of a concert and the cost of tickets.
Any person will be able always to report about the violations connected with concert activity on the special website or otherwise.
According to the bill it will be legislatively forbidden to use a plus soundtrack, vocal and tool imitation (all terminology is defined in the bill) at a concert, and the minus and partial soundtrack can be used without special instruction.
Will control use of a plus soundtrack by performers at a concert the special commissions which are in Committees on culture in various cities and, of course, society i.e. all of us. In case of identification of the corresponding violations, performers will be obliged to pay a penalty, and in certain cases to lose an opportunity to be engaged in concert activity (more precisely, to deceive consumers) for different terms.
I consider that my law is necessary to Russia now. Of course, it needs to be finished and corrected still, but in general, it can be taken as a basis. I ask from the help at all Russian society who can promote in the solution of the problems lifted above. It is thought that this address will not leave you indifferent, and you will find an opportunity to discuss my bill.
Yours faithfully, Akhnina A. Yu.