{"id":1458,"date":"2017-09-01T08:06:45","date_gmt":"2017-09-01T08:06:45","guid":{"rendered":"http:\/\/www.dekuzu.com\/en\/?p=1458"},"modified":"2017-09-01T08:06:45","modified_gmt":"2017-09-01T08:06:45","slug":"thin-edge-between-legal-succession-and-heritage-or-the-matter-of-copyright-and-commercial-exploitation-of-brand","status":"publish","type":"post","link":"https:\/\/www.dekuzu.com\/en\/2017\/09\/thin-edge-between-legal-succession-and-heritage-or-the-matter-of-copyright-and-commercial-exploitation-of-brand.html","title":{"rendered":"Thin edge between legal succession and heritage or the matter of copyright and commercial exploitation of brand"},"content":{"rendered":"

The last few years the administration of Kazan annually organizes \u201cAksenov festival\u201d in the memory of Russian writer Vasily Aksenov. For this event, \u201cAksenov Fest\u201d, theatrical performances have been funded and Aksenov\u2019s literary works have been published in Tartarian language. But Aksenov heirs are not involved in it. They did not receive royalties and were not asked about any permission to exploit Aksenov\u2019s intellectual property. That is what the heirs of Aksenov don\u2019t like.<\/span><\/p>\n

<\/p>\n

Aksenov\u2019s nephew Aleksandr Zmeyl intends to file three lawsuits against Kazan\u2019s department of culture. \u201cThis department during few years organized tenders to host \u201cAksenov Fest\u201d. In this lawsuit we will require to admit the exploitation of Aksenov\u2019s name as illegal in accordance with 1267 article of Russian civil law\u201d, – stated Zmeyl. The second lawsuit will be filed against the stages, where theatrical performances have been organized without right holder\u2019s consent. And the third lawsuit will be filed for illegal reproduction of Aksenov\u2019s works, published in Tartarian language without right holder\u2019s permission.<\/span><\/p>\n

The sum of compensation in all three lawsuits will be 1 Rouble, as it was stated. The purpose of lawsuits is to \u201cprove the rights of heirs, the right holders, to make decisions in relation to \u201cAksenov Fest\u201d, which in current form does not have anything in common with Aksenov\u201d. Aksenov\u2019s nephew believes the organizers of festival don\u2019t have any interest in Aksenov. The interest is in \u201cAksenov brand\u201d. For brand it is possible to be funded, to organize \u201cliterary party\u201d in Kazan, to communicate with governor of Kazan, believes Zmeyl.<\/span><\/p>\n

The position of heirs is simple \u2013 they want to participate in organization of \u201cAksenov Fest\u201d. They want to participate in choosing the supervisor of festival, to grant a permission to exploit \u201cAksenov\u2019s personality\u201d. Aksenov\u2019s heirs have noticed that the price of tender to organize and host Aksenov Fest is approximately 5.5 million Roubles. Heirs were not notified of Festival and were not invited.<\/span><\/p>\n

But Kazan\u2019s administration did not discover any copyright infringement. \u201cVasily Aksenov has (wrote) beautiful works, and I believe they\u2019ve \u201covergrown\u201d copyright, they belong to our country, to whole world. Nobody ignores copyright\u2026 it must be abided. We work in accordance with law. We don\u2019t have any problems with it. Our festival is public and we invite everyone,\u201d \u2013 said the chief of department of culture in Kazan.<\/span><\/p>\n

Aleksandr Kabakov, the member of Festival\u2019s Board of Trustees, has stated<\/a> that the rights to organize a festival belong to its creators. \u201cWe created the program of festival, and nephew claims his rights. The right holder holds the rights only in text\u201d, – underlined Kabanov. The other member, Irina Barmetova, has also underlined that creation of festival is an \u201cact of civil society\u201d. \u201cIt is not about the succession of Aksenov, we don\u2019t claim it, but we work with legacy\u201d, – she said.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

The last few years the administration of Kazan annually organizes \u201cAksenov festival\u201d in the memory of Russian writer Vasily Aksenov. For this event, \u201cAksenov Fest\u201d, theatrical performances have been funded and Aksenov\u2019s literary works have been published in Tartarian language.<\/p>\n

Continue readingThin edge between legal succession and heritage or the matter of copyright and commercial exploitation of brand<\/span><\/a><\/div>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,6,18,17,1],"tags":[],"class_list":["post-1458","post","type-post","status-publish","format-standard","hentry","category-copyright","category-intellectual-property","category-law","category-litigation","category-uncategorised","entry"],"_links":{"self":[{"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/posts\/1458","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/comments?post=1458"}],"version-history":[{"count":0,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/posts\/1458\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/media?parent=1458"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/categories?post=1458"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/tags?post=1458"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}