Aspectum. managed to once again defend the rights of the famous Russian composer Sergei Petrovich Banevich in the Moscow City Court. This time we challenged the appeal deadline recovery by the Presnensky District Court, which was initiated by our opponents to appeal the court decision that was in favor of the composer (Aspectum. client).
Sergei Petrovich transferred exclusive rights on the edition of music for the Opera “The Story of Gerda and Kai” composed in 1980 to Svetlana Kossovkaya in 2000. Later in 2009, the composer prepared another musical version of the opera called “The Story of Kai and Gerda” (or “The Snow Queen”).
Svetlana Kossovskaya appealed to the composer, the Russian Copyright Society, and the Federal State institution “Novosibirsk state academic theatre of Opera and ballet”, stating that the version of the Opera “The Story of Kai and Gerda” (“the Snow Queen”) from 2009 and the version of the Opera “The Story of Gerda and Kai” from 1980, are one and the same music piece.
In 2015, Presnensky District Court of Moscow ruled against the claim of Svetlana Kossovskaya to S. P. Banevich. In February of 2016, the Moscow City Court upheld the decisions of the first circuit court, leaving the decision in force. The courts of the first, appeal, and then cassation instances, found that the versions of the music for the Opera are different music pieces. S.P. Banevich had not opposed or infringed upon the exclusive rights of Svetlana Kossovskaya for “The Story of Gerda and Kai” Opera of 1980. The courts also refused to satisfy the claims of the plaintiff on the prohibition of S. P. Banevich right to use the original music (1977) in his works, and recovery of million rubles in penalty.
Decision of the Supreme Court of the Russian Federation of 24.06.2016 ruled against Svetlana Kossovskaya’s request to transfer her cassation appeal with the case for consideration in court session of the Judicial Board on Civil Cases of the Supreme court of the Russian Federation.
However, on 07.09.2016, Svetlana Kossovskaya appealed to the first circuit court with the claim for restoration of the missed procedural deadline to file another claim under section 3 of article 381 of the Code of Civil Procedure of the Russian Federation. She submitted the cassation, according to which, asked to overrule the ruling of the judge of the Supreme Court of the Russian Federation from 24.06.2016, and to transfer a civil case on her claim for consideration in court session of cassation.
The Presnensky District Court of Moscow restored procedural term missed by the plaintiff by its decision of 24.10.2016.
The Judicial Board of the Moscow City Court considered on 14.08.2017 our private claim and overturned the decision of the first circuit court of 24.10.2016 and ended the appellation procedure.