Is Allofmp3 Legal? Non-Contractual Licensing Under Russian Copyright LawJournal of High Technology Law (2007)
AbstractLately, Russian copyright law has attracted keen interest of foreign media and law review authors. The interest is mostly related to the activity of several Russian web sites (such as AllofMP3) selling copyrighted music at low price and without piracy protection. Russian law in principle allows collective right-management organizations to issue licenses for musical works without having respective right holders’ permission. The statutory law does not clearly indicate when exactly this is possible. However, courts do not enforce this provision against unwilling right holders. Foreign right holders covered by the Bern Convention or other international treaties of Russia can get protection if they are ready to sue relevant management organizations and their licensees in Russia. The upcoming intellectual-property-law reform may enhance protection of right holders in this particular respect. Answering the title question (Is AllofMP3 legal?) we can conclude that, because of a certain loophole, the activity of the web site and its licensor (a right-management organization) is arguably legal under Russian law but only unless and until it is challenged by a right holder.
- Intellectual Property,
- Russian Law
Publication DateJanuary, 2007
Citation InformationSergey Budylin and Yulia Osipova. "Is Allofmp3 Legal? Non-Contractual Licensing Under Russian Copyright Law" Journal of High Technology Law 7.1 (2007): 1-17. ______________________OR___________________________________ Sergey Budylin & Yulia Osipova, Is Allofmp3 Legal? Non-Contractual Licensing Under Russian Copyright Law, 7 J. High Tech. L. 1-17 (2007). ______________________OR___________________________________ Budylin S., Osipova Yu. Is Allofmp3 Legal? Non-Contractual Licensing Under Russian Copyright Law // Journal of High Technology Law. 2007. Vol. 7. No. 1. PP. 1-17.