RAO appealed against the decision on the dispute over Elton John concert and Muse

The Supreme Arbitration Court of the Russian Federation registered the two statements of the Russian Authors' Society (RAO) of the supervisory review of decisions by which the concert agency "Mills Concert" was not allowed to pay royalties for RAO concerts by Elton John and band Muse. Demanded booking agency in the arbitration court of Moscow, not closed his contract with RAO before the concert by Elton John, signed the inconsistency object - a list of the songs on the performance of those temporary license has been applied for. Elton John concert in December 2010 at the "Crocus City Hall". As it turned out after the show, Elton John played only original songs are the copyright of which he. A contract under which plaintiff was, in the event that the works are signed by other musicians perform. On appeal Agency gave its second requirement for waste to compel the plaintiff to an agreement on the terms of payment of remuneration and consent to the use of published works by complete public performance. Lawsuit to stop the demand. In February upheld the Ninth Arbitration Court of Appeal dismissed the concert agency "Mills Concert" and set aside the decision of the court on the payment of royalties for RAW organized this concert from the "mill". The Federal Arbitration Court of the Moscow District in June upheld the appeal. RW asks RF revise supervisor these court records. The position on appeal by the Court of Appeal for the individualization of the subject explained in the contract must specify which laws about users and what specific product. In the absence of clear guidance on the subject of the contract can be concluded. Then the subject of the license agreement without a pre-defined list of such works do not comply with the provisions of Article 1235 of the Civil Code. The contract not to what his specific products right of use. The defendant did not present evidence that was performed in the concert hall "Crocus City Hall" Elton John team works in "repertory company" at the time the contract at issue contained. The conclusion of the Court of First Instance that the terms of the issue is consistent, since the disputed contract partly executed by the plaintiff - they may be endorsed by the report of the contract which contains information about musical works with publicly performed at Elton John concert - not be recognized as valid, because this fact is not a sign of an agreement between the parties on the list of the products that are right, and as a result, an agreement on the subject of the contract. Dispute over the Muse concert in October 2011, Moscow Arbitration Court has a similar action "Mill" to the waste decided to Muse concert groups and We Are Scientists, in May 2011 in the "Olympic" in Moscow. As part of the dispute, the court released the "Mill" with out a fee for wasting his own band Muse and the song We Are Scientists. The decision was upheld on appeal and the Court of Cassation. Judge Tatyana Vasilyeva not recognized signed a license agreement between the waste and the "Mill", signed two days before the show, the agreement with the arguments of the concert agency. According to the plaintiff, with the signing of a license agreement, the agency could not know what songs performed by musicians in concert. After the concert, it became clear that the two groups only his own works, for, according to "The Mill" No funds should RAO - authorized organization for collective management of copyright. Royalties for the public performance of their works were directly to the musicians organized the concert paid. As mentioned in the decision of the judges Vasilyeva, agreed not the subject of the contract by the parties, it is not complete. RAPS