Claims for compensation for infringement of copyrights, related rights, and damages, including lost profits
Civil cases involving claims by copyright holders against persons who unlawfully use objects of copyright and related rights for compensation or damage have a slightly different character. Plaintiffs in such disputes, as a rule, are public organizations that manage the exclusive rights of authors and performers on a collective basis, and the defendants are individual entrepreneurs and enterprises in the field of restaurant business and passenger transportation, which do not have license agreements for the use of works by domestic and foreign authors, performers, producers of phonograms, with which the plaintiffs have license agreements. contracts.
When considering such disputes, the position of the courts has developed into an unambiguous judicial practice, in which, if there is irrefutable evidence of the misuse of objects of copyright (related) law, such claims are satisfied, and in their absence, the claims are refused. When considering cases for the protection of infringed copyrights or related rights, the plaintiff, in accordance with Article 72 of the CPC, is obliged to prove the fact of the defendant's misuse of his rights, and the defendant is obliged to prove that the actions he has committed in relation to the object of copyright or related rights comply with the requirements of the Law and do not violate the rights of the author, performer, producer of phonograms or organization of broadcasting and cable broadcasting. Otherwise, the defendant must be recognized as a violator of copyright or related rights and brought to civil liability.
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