BY ALEXANDER PAVLOVSKY, PARTNER OF A.T.LEGAL
Over the past six months, Jam has filed dozens of lawsuits against them, seeking compensation for infringement of exclusive rights to music; the claims are in the arbitration database and the Moscow City Court.
Alexander Pavlovsky, Partner at A.T.Legal, analyzed the high-profile case: is Jam as a whole successful in defeating platforms? Is it fair to say that no other music publisher attacks platforms in court like that? (Platforms themselves say that Jam is a chicaner and this is their way of making money). Is it possible to discuss the tactics with regard to platforms separately?
Alexander Pavlovsky: "At the moment it is impossible to give a reliable assessment of the success of the efforts made by Jam Publishing House LLC to recover compensation for copyright infringement from the largest domestic media platforms in court. This is due to the fact that a significant number of cases are still pending. At the same time, the judicial activity of the publishing house is above average: for 2020-2021, 30 lawsuits were submitted to arbitration courts by the said organization. All of them are related to the claim for compensation for infringement of exclusive rights, the right holder of which is the plaintiff. Therefore, it is safe to say that Jam Publishing House LLC considers filing lawsuits as a way to make money. Interestingly, the defendants are always leaders of the domestic media market (Vkontakte, Yandex), that is, organizations with significant financial resources.
The court battles of Jam Publishing House LLC end with varying success. Slightly more than half of the cases heard in 2020-2021 ended in partial satisfaction but all of these decisions are still being challenged. There are several cases in which the plaintiff's claim has been denied. To date, of the cases in this timeframe, there have been no cases in which the proceedings have been finalized. The plaintiff's tactic is very simple: to demand substantial sums of money as compensation for the violation of exclusive rights in the hope that the court will reduce the compensation to an acceptable level for the plaintiff. Indeed, in all of the cases won by the plaintiff, the claims were satisfied partially, because the initial claims were recognized by the court as excessive. For example, in one case the plaintiff was awarded about 400,000 rubles in compensation instead of the required 4 million rubles. Positions of platform defendants are not diverse. In this category of cases, they usually refer to the failure to prove that the plaintiff is the right holder, the failure to prove the violation of exclusive rights, the excessive amount of compensation not commensurate with the seriousness of the violation, etc."
See the article here https://www.kommersant.ru/doc/4870040
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