Claims of foreign copyright holders may fall under the moratorium

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The new draft law on compulsory licensing contains an amendment that restricts the right to appeal to Russian courts for authors of foreign films and music.

The draft law on the demonstration of foreign films in the absence of a license contains a ban on lawsuits from copyright holders from unfriendly countries. They will not be allowed to apply to the courts on the territory of Russia until the adoption of new documents by the government.

The bill provides in 2023 and 2024 not to use the provisions of the Civil Code on the protection of the rights of copyright holders of foreign films in case they are shown in Russia. This will affect copyright holders from unfriendly countries who did not grant the right to show films in Russia. Also, the provisions of the Civil Code establishing liability for violation of exclusive rights will not be applied.

In addition, the authors of the bill allowed the possibility of transferring unclaimed royalties to the state budget. It will be possible to import works to Russia under the terms of licensing agreements with foreign companies that have the right to use works in their own country. This will affect musical and film works.