In March of 2018 lawful heir of the famous playwright V.K. Konstantinov detected that one of the most popular works of Russian theatrical repertoire “Khanuma” created up by its father co-authored with B.M. Ratser is plaid on the stage of Omsk State Academic Drama Theater without its consent and payment of reward. Communication of the rightholder with the theater resulted in nothing. By this time performance had already plaid 156 times, about which the theater informed on the official web-site and in social networks, but refused to pay any award. All this was a cause for lawful heir to apply to us for juridical assistance.
As a result of evidence collection it was detected that the theater had the license agreement with the lawful heir of co-author of “Khanuma” B.M. Ratser. Nevertheless, the license agreement was not concluded with out client that indicated violation of his rights and interests and illegality of work use. We applied to Central District Court in Omsk with suit for compensation recovery. The Theater and the Ministry of Culture in the Omsk Region acting as the third party maintained the attitude that the theater acted in strict compliance with the law: as if the theater had concluded the license agreement with the Russian Authors Society, or, at least, the theater tried to conclude it, that the theater applied to the Russian Authors Society for this purpose, but the evidence of the agreement had not been submitted to the court, then the theater rolled the dice placing the proper right of our client for the work in doubt, claimed about omission of the period of limitation for applying to the court, as the first performance took place in November of 2011.
The court supported our submissions taking a decision concerning recovery of over 1,000,000 RUB from the theater to the benefit of our client.
The appeals instance also agreed with our position.
