Trading networks sent a list of recommended music for May 9. What you need to know
Representatives of the retail business were faced with discrepancies in the implementation of the new law on the free use of military songs on Victory Day and other memorable dates. They note that the list of compositions was never formed, it is also unclear whether background music in public places belongs to the law. Representatives of the Russian author’s community recall that the work of shopping centers does not apply to non -profit activities, respectively, payments for companies will be maintained.
On the eve of May 9, the city administrations, in particular St. Petersburg, Nizhny Novgorod, etc., began to send letters to the heads of trading enterprises recommended for reproduction in the premises by musical compositions, “Kommersant” got acquainted with one of them. At the same time, the surveyed representatives of the networks say that they were faced with difficulties in implementing the order due to the law on the free execution of military songs on Victory Day and other memorable dates.
The corresponding changes were made last year in the Federal Law « On the perpetuation of the victory of the Soviet people in the Great Patriotic War of 1941-1945. » The law itself was signed by Russian President Vladimir Putin and entered into force on the date of adoption on December 28, 2024. The document involves the free use of musical and other works, published before December 26, 1991, without the consent of the copyright holders and paying his reward on certain days. We are talking about events dedicated to Victory Day, the defender of the Fatherland, as well as the days of military glory.
The list of works for use should have been formed by the government. However, the latter was never officially published, the interlocutors interviewed by Kommersant say in the musical market. It was to be prepared by the Russian author’s society (RAO).
The appeals of municipalities also do not explain who should transfer possible payments if the musical work does not fall under the aforementioned law, the interlocutors note: “In addition, the“ other events mentioned in the law ”leave the question of the possibility of classifying background music in shopping centers, shops, cafes.” The amount of deductions for the use of background music in public places depends on a number of factors – the region of activity, the type of institution, its area, etc.
RAO specified that the formation of a public list of works « not an obligation, but the right of the Government of the Russian Federation. » To predict when such a list appears and the relevant regulatory act would be incorrect from both RAO and other organizations, says Natalya Polyianchik, representative for legal issues of the organization. The list of works itself is prepared with the participation of societies on the collective management of rights (PUPPU), she recalled, and not exclusively RAO. Representatives of Okups became part of the expert body under the Ministry of Culture of the Russian Federation, Ms. Polyianchik noted. The work of shopping centers and cafes does not apply to official events, the representative of the organization indicates: “Therefore, for them, the situation with payment does not change in any way.”
Alexandra Sagalovichhead of Yandex Music, December 20, 2024 In an interview with Kommersant:
« We believe that the path to the transparency of the industry is important and significant. »
The law directly indicates the possibility of free use of works only within the framework of measures organized by non -profit structures and for non -profit purposes, notes Alexander Stenhauer, the head of the legal service organizer of the musical broadcasting “Cube Media”, “we can conclude that the provisions of this Law are not applicable to background music for commercial purposes, and therefore it is necessary to pay for copyright rewards.” However, due to the lack of official clarifications and the list of musical works, uncertainty remains, requiring eliminating the interests of business and excluding legal risks.
The Union of shopping centers confirmed that the recommendations on the eve of May 9 are sent. At the same time, the amount of possible deductions to the authors of musical works is relatively small against the background of expenses related to scenery, installation work and jewelry that shopping centers organize for the holiday, says the vice-president of the Union Pavel Lyulin: “There is no doubt that these expenses are carried by the owners of shopping centers.”
