07.12.2021, 12:23
The Court Refused to Get Money from "Argumenty i Fakty" Because of the Photo of "Zhdun"
Source: OREANDA-NEWS
OREANDA-NEWS. The Moscow Arbitration Court dismissed the claim of the owner of the rights to the work with the code name Zhdun of the CD Land Company, which demanded to collect about 59 million rubles from the weekly Argumenty i Fakty, according to the court ruling published on Tuesday.
The plaintiff considered that the newspaper violated his rights to the work by placing on the first page of one of the issues in May 2018 a revised photograph of "Zhdun" as an illustration to the article "Holidays are dead ... And veterans are still waiting for housing." The copyright holder calculated the amount of the claim as two times the cost (21 rubles) of all copies of the newspaper (circulation - more than 1.4 million).
The court, rejecting the claim, referred to the provision of the Civil Code, which permits the creation and use of works in the genre of literary, musical or other parody or in the genre of caricature without the consent of the copyright holder and payment of remuneration to him.
"The photo collage ... has an ironic, comic effect with elements of satire. The image under study ... belongs to the genre of caricature," the court noted.
CD Land is conducting numerous legal proceedings with companies and entrepreneurs who in one way or another violate its rights to the image of "Zhdun". The most famous of them - disputes with "Megafon", the toy manufacturer "Igramir", the social network "VKontakte", the hockey club "Spartak", the Internet retailer "Ozon". CD Land's claim against "Arguments and Facts" is currently the largest in the history of the proceedings.
CD Land owns in Russia the exclusive rights to the work "Zhdun" on the basis of a license agreement concluded in April 2017 with its author, Margaret van Brifort. "Zhdun" is a fantasy creature with the head of an elephant seal and the body of a larva, performed in a sitting position without legs, but with human hands. The sculpture symbolizes patient, passive expectation. On the Russian-language Internet, sculpture has become a popular meme and the object of jokes.
The plaintiff considered that the newspaper violated his rights to the work by placing on the first page of one of the issues in May 2018 a revised photograph of "Zhdun" as an illustration to the article "Holidays are dead ... And veterans are still waiting for housing." The copyright holder calculated the amount of the claim as two times the cost (21 rubles) of all copies of the newspaper (circulation - more than 1.4 million).
The court, rejecting the claim, referred to the provision of the Civil Code, which permits the creation and use of works in the genre of literary, musical or other parody or in the genre of caricature without the consent of the copyright holder and payment of remuneration to him.
"The photo collage ... has an ironic, comic effect with elements of satire. The image under study ... belongs to the genre of caricature," the court noted.
CD Land is conducting numerous legal proceedings with companies and entrepreneurs who in one way or another violate its rights to the image of "Zhdun". The most famous of them - disputes with "Megafon", the toy manufacturer "Igramir", the social network "VKontakte", the hockey club "Spartak", the Internet retailer "Ozon". CD Land's claim against "Arguments and Facts" is currently the largest in the history of the proceedings.
CD Land owns in Russia the exclusive rights to the work "Zhdun" on the basis of a license agreement concluded in April 2017 with its author, Margaret van Brifort. "Zhdun" is a fantasy creature with the head of an elephant seal and the body of a larva, performed in a sitting position without legs, but with human hands. The sculpture symbolizes patient, passive expectation. On the Russian-language Internet, sculpture has become a popular meme and the object of jokes.
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