Vedomosti learned about the new procedure for payments for “sanctioned” content

The new procedure for fulfilling obligations under license contracts provides that payments will be made to the ruble account of a foreign copyright holder in a bank of Russia,writes edition

The Russian authorities plan to introduce a new procedure for fulfilling obligations under license contracts to right holders from unfriendly countries, which provides for making payments to a ruble account. This is reported by Vedomosti, citing two sources familiar with the discussion of the initiative.

Now a corresponding decree of the President of Russia is being prepared, they stressed.

In accordance with the new procedure, Russian legal entities and individuals, as well as authorities and organizations that have licensing contracts with copyright holders from unfriendly countries, will be able to make payments to a ruble account in an authorized Russian bank.

Moreover, payments will also be made for intellectual property objects that foreign copyright holders have banned from using in Russia after the start of the special operation in Ukraine. The newspaper's sources explained that thanks to this, the obligations of the Russian licensees will be considered fulfilled.

According to the interlocutor of Vedomosti, the measure is being introduced to enable theaters, cinemas, video services, and trading companies to use these facilities through collective rights management organizations. It will also allow not to violate the rights of the licensor and pay him remuneration.

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At the same time, the right holder will be able to withdraw funds from the account only with the permission of the government commission for the control of foreign investment.

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The following will not be covered by the new payment scheme:

individuals who use these objects for personal needs; those who import medicines and medical devices, industrial, agricultural, food products into Russia; those who use intellectual property for communication services, development of computer programs; foreign companies fulfilling obligations to Russian partners.

This payment procedure will be in effect until the lifting of sanctions and the removal of bans on the use of intellectual property, the source said.

The absence of premieres in cinemas increased the audience of video services Technology & Media

The head of the Center for Legal Protection of Intellectual Property, Vladimir Entin, explained that the shutdown of payment systems and SWIFT led to the fact that Russian licensors were technically unable to make payments.

“These measures hit both the Russian licensees and the right holders themselves, who to some extent were forced to act against their economic benefit,” he stressed.

Also, this decree, in fact, cross out the ability to block the use of intellectual property in Russia, the expert noted.

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Alexander Zhuravlev, managing partner of the EBR law firm, in turn, pointed out the need to include in the draft decree a condition that this applies only to cases where there were concluded agreements or open offers.

He explained this by the fact that if the copyright holder does not agree with the new scheme, he can go to court because of the partner's failure to fulfill obligations under the contract. Zhuravlev recalled that in terms of the hierarchy of laws, the decree is lower in force than the Civil Code of Russia, which refers to the unconditional protection of the rights of the copyright holder.

In early March, the Paramount film studio, following other Hollywood majors - Warner Bros., Sony Pictures and Disney - canceled spring premieres in Russia. Thus, the rental will lose The Lost City with Sandra Bullock and the second part of Sonic the Movie.

American WarnerMedia (it owns CNN, Warner Brothers studio and HBO television network) on March 10 suspended its work in Russia due to hostilities in Ukraine. The company's CEO Jason Keelar said in a letter to employees that the decision involves ending broadcasting of TV channels, licensing all new content and suspending all releases in Russia.

The media company Discovery Inc. also announced the suspension of work in Russia. She owns 15 channels, including Animal Planet and Eurosport. Streaming platform Netflix also suspended operations in Russia and froze Russian original projects.