19 November, 2019 Company news

Broadcast music correctly!

Attention business owners!

Everyone knows that to use of musical works in cafes, restaurants, stationary stores (clothes and other goods), supermarkets, entertainment shopping centers etc. owner needs to get a corresponding permission by concluding an agreement with the authors of all musical compositions that will be used in the institution, their attorneys or a collective management organization (for example, GS "Ukrainian League of Copyright and Related Rights ", NGO" The Commonwealth of Authors of Ukraine ").

Thus, ingenious Ukrainian entrepreneurs recently managed to circumvent such prohibitions by arranging one musical composition into several, speeding up and / or slowing down audio recordings, changing it in other ways, with the aim of using musical works in their activities and to avoid responsibility and the obligation to pay royalties.

However, judicial practice (the Supreme Court) is becoming widespread today to satisfy claims of copyright holders to ban the use of musical works without permission and to draw for violation of an adjacent right to a work.

So, according to the results of the examination of the audio recording in the court case, it was defined that the compositions of the violator are played one after the other, but the completion of one composition and the beginning of the other are played simultaneously and there are sections with slow recordings on separate fragments of the recording, and on others there are sharp violations of the melody. Such findings of the examination became the basis for the court to satisfy the requirements of the plaintiff, recovering the appropriate amount of compensation for violation of related rights, as well as the costs of paying the cost of the examination and the costs of paying the court fee.

This decision of the court of cassation is a good example for people using music as an entourage of their premises and indicates that the use of mixed compositions ceases to be unpunished.