The court can deliver a landmark decision against the Russian Authors Society// Ekho of Saint Petersburg radio [on-line resource] - 14.02.2014

Natalia Zelentsova, an associate in Maxima Legal, gives explanations to Ekho of Saint Petersburg with respect to an action brought by the Saint Petersburg Academic Philharmonic Hall named after D.D. Shostakovich against the Russian Authors Society:  

"To put in simply we just want our agreement with the Russian Authors Society to comply to laws. We want those charges that we have to pay to the Russian Authors Society be proportionate to the actual use. In other words, when a copyrightable piece of music is played during a concert, we pay pro rata the time it was played.  

At the moment we pay according to unconceivable rates fixed by the Russian Authors Society. We must pay 10% of proceeds for the entire concert regardless what part of such a concert fell to share of the copyrightable work. Even though it was played for a minute at the end of a three hour concert, we have to pay 10% of total proceeds to the Russian Authors Society. We are sure that those rules are not in line with the proportionality principle approved by the Russian Civil Code.

In effect this case is crucially important for the Russian Authors Society itself.  If the court satisfies our demands the Russian Authors Society will start losing millions every year. Firstly, we will quit overpaying and the Russian Authors Society cease enriching itself unreasonably.  Secondly, in the wake of our decision all other philharmonic halls and concert organizations will go to court.  Our success in court is not, charitably speaking, of any benefit for the Russian Authors Society.

The previous court session was held on 11 February. That day judges indicated that everything would be very quick that day, as all the arguments had already been voiced. In fact it was hinted that if it is inconvenient for us to come from Saint Petersburg no need for us to come.  On 11 February we were sure that the decision would be made in the same day. It usually happens like that in case of cassation. However, when the judges left to the consultation room they all over sudden retuned back and announced a break until 3:00 p.m. on 14 February".

For the detailed version please see