Russian Ministry of communication, treating collective management in Russia, tempers justice with mercy

Russian Ministry of Communication can change its mind in relation to non-contractual collective management in Russia if the collective management organisation will work transparently. If there will be drastic positive changes good for right holders and if they mention it and speak out about, in that case changes in Mincom’s project are possible. According to Alexey Volin, deputy of Russian minister of communication, right holders don’t understand how royalties are distributed among them. The purpose of mincom’s project is to distribute collected royalties among right holders, but not to spend them as CMO’s operational costs. It would be right to reduce percentage the CMO leaves for itself. Volin could arrange about “greater transparency” with Russian Union of right holders (RSP) and All-Russian Organisation of Intellectual Property (VOIS).

Originally Mincom intended to abolish non-contractual management for public performance and for private copying levy, but later decided to retain it for private copying levy due to its nature, as it believes, which is too similar to fiscal fee and therefore it will be very difficult for collecting societies to compete with each other. VOIS’ CEO Krichevsky believes non-contractual collective management is also necessary for public performance right. He says RAO and VOIS are ready to provide right holders with more control over the accredited CMO operations. But it is possible only if main principles will be established. First of all it must be prohibited for beneficiaries and owners of companies, owners of copyright, to manage accredited CMO. So it means right holders receive control over accredited CMO as much, as it is necessary for accredited CMO to manage public performance right without relevant right holder’s authorisation.