Heirs of copyright who have left Russia may be limited in their ability to control the fate of the work. This prospect was discussed by the participants of the St. Petersburg International Legal Forum (SPBILF). According to supporters of the measure, including Justice Minister Konstantin Chuychenko, it is necessary to ensure public access to cultural works and minimize the impact of geopolitical restrictions on the field of intellectual property.
The Minister of Justice stated that he considers it possible to restrict the rights of the heirs of famous authors in the event of their refusal to provide permission to use a particular work in Russia, summing up the results of the discussion that took place at the St. Petersburg International Law Forum. The topic was asked by the head of the Union of Theater Workers, Vladimir Mashkov, saying that the Tabakov Theater cannot obtain permission from the heirs of playwright Alexander Volodin living in the United States to stage his play: they consider it incorrect to grant rights in the current situation, the People’s Artist complained.
Developing the idea, Mr. Mashkov gave an analogy. Russia has a strict law on the export of cultural property: icons, paintings and ancient manuscripts cannot be taken abroad without hindrance – this is common property, and the state protects it. But why does such protection not apply to literary works? Why can an heir, who is not even the author, dispose of the work as his personal property and deny access to it? Moreover, he has the opportunity to sell the right to our heritage to unfriendly countries, the actor lamented.
Lawyers have found ways to solve this problem. Deputy Chairman of the Supreme Court of Belarus Irina Tylets said that a rule on compulsory licenses recently appeared in the legislation of the republic. It is issued to a government agency for a specific work if required by a project of national, historical or ideological significance. Chairman of the Russian Center for the Circulation of Rights to the Results of Creative Activity Andrei Krichevsky recalled that compulsory licenses are quite widely used in industry, but in relation to copyright there is no such experience anywhere except Belarus. Several years ago, this measure was discussed in the Russian presidential administration, but then it was considered “dangerous,” added Mr. Krichevsky.
Now the situation is such that the state and its values may suffer, warned Konstantin Chuychenko. “Now someone will buy up all the rights from the heirs – I think it’s not that much money – and carry out a total ban,” he intimidated. According to the minister, a search for a new balance of interests is necessary: “Nobody is saying that it is necessary to affect the rights of authors. But we need to create mechanisms that will allow society to have fun and allow the state to promote views and, in a sense, certain beliefs. Especially in the times we live in.”
The minister added that he is not yet ready to discuss a specific mechanism – whether it will be an administrative judicial procedure, the introduction of a compulsory license, or inheritance will be limited exclusively to property rights, which will allow receiving only fees and deductions. The issue has already been raised at the Presidential Council for Culture, so we should expect an order from the president in the near future, concluded Konstantin Chuychenko, and then it will become clear who will be involved in its implementation and in what manner.
