Not only Russian copyright, broadcast and digital law
BMI promptly sought a declaratory judgment that the Consent Decree does not require 100% (“full-work”) licensing. Nothing in the Consent Decree gives support to the Division’s views. If a fractionally-licensed composition is disqualified from inclusion in BMI’s repertory, it is not for violation of any provision of the Consent Decree.
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Right holders should be permitted to grant ASCAP and BMI rights other than those of public performances. The right holders will be allowed to confer the administration of their repertoires to the same Collecting Society for both performing and mechanical rights, and consequently the Collecting Society will be able to provide users with a “one-stop shop”, thus facilitating their job.
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Any restrictions on ASCAP or BMl’s ability to administer PRS’s repertoire effectively in the US will directly prejudice the royalties flowing to PRS’s members and undervalue PRS’s members’ musical works in the US.
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A comparison between the licensing of public performance rights and the licensing of synchronization rights further illustrates the problem faced by music users who rely on PRO licenses. Producers of movies or television programming have traditionally entered separate synchronization licenses with each owner of a fractional interest in a song the producer seeks to include in his or her television show or movie, generally on a song-by-song basis.
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If PROs offer fractional licenses, a music user, before performing any multi-owner work in a PRO’s repertory, would need a license to the fractional interests held by each of the work’s co-owners. A full-work license from a PRO, on the other hand, would provide infringement protection to a music user seeking to perform any work in the repertory of the PRO.
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1st of August, 2016 in Russian Gazette under advertisement rules has been published a call to RAO’s members to organise extraordinary conference, i.e. meeting. For these purposes RAO members were proposed to complete and file some “anonymous ballot paper”. Agenda was simple: to fire Sergey Fedotov, CEO of RAO, his first deputy Vera Fedotova, his mother, dissolution of authors council and dissolution of audit commission.
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Many musical works have multiple authors. Under the copyright law, joint authors of a single work are treated as tenants-in-common, so “[e]ach co-owner may thus grant a nonexclusive license to use the entire work without the consent of other co-owners, provided that the licensor accounts for and pays over to his or her co-owners their pro-rata shares of the proceeds.” Copyright holders may, however, depart from the default rules under the Copyright Act.
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The group of right holders has written a petition to stop anarchy in Russian Authors Society (RAO). This petition is to be signed electronically by 50000 persons; almost 47 thousands already did it. This petition will be delivered to Russian prime minister Dmitry Medvedev, to his first deputy Igor Shuvalov, to director of Federal Security Service (FSB), to minister of internal affairs, to chairman of investigation committee, to attorney general, to minister of culture, and to members of RAO.
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The American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI) are “performing rights organizations” (PROs). PROs provide licenses to users such as bar owners, television and radio stations, and internet music distributors that allow them to publicly perform the musical works of the PROs’ thousands of songwriter and music publisher members.
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RAO is ready to create special technical platform in order to automatically track using of musical works in public places (restaurants, outlets and other different venues) and on television channels and radio stations. The purpose is to allow authors and right holder to be able to check how often their music is performed and how much they should receive.
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