"Forbidden" Volski sounds on ANT TV-Channel
He is also likely to sue the channel with regard to copyright violation.
A 32-second extract of Lyavon Volski's song "Sun Will Help Us", before the vocal's start, was used in the Sunday programme "Contours". According to the musician, the TV-channel's administration did not contact him and the song went on air without his permit.
"This is a bit weird. Maybe, they wanted to revenge on me this way for my words that it is better to read books than to watch TV?" – Lyavon jokes.
The song "Sun Will Help Us" from the project "I was born here" sounds from 22th to 54th second. It is interesting that the song does not match the plot at all. Maybe this is a hint?
Copyright for this song has been protected so any use of this extract should have been agreed with the author.
"Usually, when some music extracts are used on air, they always call and discuss it, – comments Volski. – And this is just an ordinary piggy behaviour!"
Lyavon came across unauthorized use of his creative works in different TV-programs before, but, according to him, it wasn't done so insolently.
"There have never been such insolent incidents like this - they simply took the extract and inserted it into such an ideologically poisonous material, – Lyavon says. – There were cases which were not worth paying any attention to them. For example, some culinary or "nearly historical" TV-program with my song "Guests" playing in the end. However, there was no ideological background so we discussed it and decided not to pay attention, okay. This is the author's song. The song has an author of music and lyrics, and this author is me. It would be unreasonable not to prove at least this to them".
The fact that the TV-channel violated Lyavon Volski's right has been confirmed to Euroradio by the National Center of Intellectual Property. The Center's representative Alyaksej Bichuryn has advised the musician to consult a lawyer, taking into consideration that the law provides a wide range of possible actions in this regard:
"Starting from a simple demand to stop actions of the kind, ending with demand of compensation of certain expenses, which the musician had due to this situation. The musician can also demand that the TV-channel should declare that they had used his work illegally and apologize to him in public. There is also the aspect of moral damage, if there was any - moral sufferings which the musician went through in this regard", – Alyaksej Bichuryn explains.
Lyavon may receive 10-50 base fees as compensation from the channel's administration. In practice, says Alyaksej Bichuryn, this sum usually makes 10 base fees for a single case - br 350 thousand.
"It will cost about Br 1.200.000 to file an application, – Euroradio has been told in the specialized copyright law consultation No. 4 in Minsk. – And then in court it will be up to you to decide whether you need our help or not. If you decide in the positive, we will think what to do and estimate the scope of work and time, basing on the initial application".
It turns out that to defend one's rights it is necessary to spend a sum which is four times bigger than the possible compensation.
"Very few musicians make it to the court, exactly because this is a long, complicated and money-taking process, – agrees the representative of the National Center of Intellectual Property. - Those who violate copyright successfully use this moment".
Lyavon Volski is thinking about filing a claim on copyright violation to the court at the moment.
