Media market asks to increase fines for violation of exclusive rights

Industry associations from musical, animated, film production and book spheres require an increase in the minimum threshold for violation of exclusive rights. Now it is 10 thousand rubles, it is proposed to increase it to 50 thousand for individuals and to 100 thousand rubles. For legal entities. Some market participants, however, are afraid of an increase in the number of unscrupulous statements for compensation.

“Kommersant” got acquainted with the proposals of industry associations from the musical, animated, film production and book sectors to the project of the Federal Law “On the Collection of Compensations for Violations of Exclusive Rights”, which amended the fourth part of the Civil Code of the Russian Federation. From the appeal of associations sent to the State Duma Committee on State Building and Legislation before considering the draft for the second reading (June 6), it follows that in the current version of the bill there is a provision that will contribute to the spread of piracy and counterfeit products and prevent the protection of intellectual property and the development of the creative economy as a whole.

The document retains the existing minimum threshold of compensation for violation of exclusive rights to the results of intellectual activity and means of individualization – 10 thousand rubles. The indicator itself did not change almost 21 years, the text of the sentences said. Moreover, this threshold is even lower than in Kazakhstan: there it is about 60 thousand rubles, from 100 MCI (monthly calculation indicator; equal to 3.7 thousand tenge), for violation, is noted in the appeal.

“Despite the fact that the bill increases the maximum compensation threshold (up to 10 million rubles), the courts, as a rule, appoint compensation on a minimum threshold or even lower,” they insist in associations. The authors ask to increase the size of fines from 10 thousand to 50 thousand rubles. for individuals and up to 100 thousand rubles. For legal entities. The appeal also notes that the actual recovery of the awarded funds also implies the expenses of the resources of copyright holders and in all cases may be crowned with success.

In general, in 2024, the number of judicial disputes due to violation of intellectual rights in Russia increased by 5% (See “Kommersant” from March 24). The number of proceedings due to violation of copyright and adjacent rights increased by more than 30%. Lawyers associated the trend with an increase in the number of copyright objects, in particular domestic software, and cases of illegal use of visual content.

Moreover, not all participants in the media market consider the proposal to increase compensation appropriate. “The increase in fines will not affect real pirates, and mistakes or unscrupulous claims will significantly affect a conscientious business,” says Kommersant’s interlocutor in one of the media holdings.

Julia Golubeva, deputy general director of Gazprom-Media Holding, agrees with him: “Earlier, the active market was absent, piracy flourished in many sectors of the creative economy, and to count, to justify the real damage to the courts was both an unusual and difficult task.” Now the situation is dramatically, but raising the minimum value is rather dangerous for the industry. Julia Golubeva calls this an incentive for “patent trolls” (a person specializing in the presentation of patent lawsuits), which, unlike real copyright holders, do not justify the amount of damage and are content with a minimum amount. The application of the minimum amount means that the copyright holder is not graceful enough and could not substantiate the damage or the courts reacted to the consideration of the consequences of the violation, Ms. Golubeva assures. At MTS Media, Eksmo-Ast, they did not respond to the request of Kommersant.

Julia Yurasova