MOSCOW, July 15 (RAPSI) – The Ninth Commercial Court of Appeals has accepted a complaint filed by the Russian Organization for Intellectual Property (VOIS) against the court’s refusal on June 3 to collect 500,000 rubles ($15,320) in compensation from the Russian subsidiary of Metro Cash & Carry for copyright violations, the court told RAPSI on Monday.

VOIS stated that on Dec. 25, 2012 Metro Cash & Carry stores broadcast 10 soundtracks without signing a commission contract and without paying any royalties to performers or soundtrack producers.

The disputed soundtracks were broadcast by radio stations. According to the Civil Code, the copyright for publicly performing music only covers radio and television broadcasts in pay-entrance areas.

The entrance to the defendant’s malls is free, the court noted. Furthermore, the radio shows were broadcast by the equipment on sale at the stores. It is also unclear from the plaintiff’s video who switched on the equipment.

The defendant has testified that the equipment on sale at its stores is plugged in and that potential buyers switch it on to check its operation. The court thus concluded that the broadcasting of the music in this case cannot be considered a violation of the exclusive rights of the performers and producers of the disputed soundtracks.
Metro Cash & Carry is a trading division of the German METRO Group, a leading global cash and carry chain. It has 57 stores in Russia.