TeleSport Group, which owns the rights to display in Russia of the championship of Italy on football was accused of piracy “Yandex”. The company sued the search engine claims nearly 3 billion rubles for the indexed video from Italian football from the official TeleSport groups in social networks. Lawyers call the process of precedent: till now the Russian courts have considered similar requirements.August 21 the Moscow city court will consider the claim of JSC “Telesport group” (TeleSport Group) to “Yandex”, it follows from the records of the court. TeleSport believes that “Yandex” has violated her right to the highlights (cutting of the best moments) football matches of the Italian championship seasons 2018-2019, 2019-2020 and 2020-2021 years, exclusive rights to which the company owns in Russia. In the statement of claim (a copy is in “Kommersant”) contains 590 links on the search results “Yandex”. On the basis of maximum possible compensation of 5 million rubles for each, plaintiff asks the search engine to 2.95 billion RUB TeleSport filed a claim, including in respect of content that she posts on social networks. According to a source close to one of the parties, 73% of the disputed links index videos posted in the official group of TeleSport and its “Power TV” in “Vkontakte” and “Classmates”. Most of the links are posted in the “Yandex.Video” highlights of these groups, although viewing many now inaccessible marked “embedding forbidden by the rightholder”, and the user is encouraged to follow the link, for example, “Classmates”, made sure “b”. Official groups TeleSport and the “Power TV” in “Vkontakte” about 950 thousand subscribers in the “Classmates” — 410 thousand 22% links — custom video on YouTube, continues the source, and the remaining 5% links to third party sites (for example, Russia Today in Arabic), and even someone else’s content (the show “the Bachelor”).The plaintiff indicates that “Yandex” “illegally borrows someone else’s expensive media, capitalizing your business”. The lawsuit also says that in 2019 TeleSport led the search engine is negotiating the sale of the rights to the highlights and allowed to use them until 31 December of the same year, but then the license agreement has not been concluded. “Yandex.Video” and then indexed the content, and in April TeleSport has addressed in Moscow city court. The company has not commented on the “y” parts of the claims.”Yandex” considers the claim unfounded. TeleSport yourself have posted hundreds of videos, mostly in their groups in social networks, and search engine has indexed them as placed in the public domain and not closed from indexation, said “Kommersant”, the representative of “Yandex”. “TeleSport cannot file a complaint against social networking, but somehow delivers them to the side of the search engine,” he says, insisting that “Yandex” is not obliged to determine the legal status of the content. Details to regulate his actions in contentious situations Dolwives new anti-piracy law, created on the basis of a Memorandum of market participants, signed a year and a half ago. But the bill is still not introduced in the state Duma. “Until this happens, there will be situations when an unscrupulous copyright owners are trying to capitalize on the content twice, using the Internet, and through the court,” concluded in “Yandex”.TeleSport not tried to enter into the Memorandum and does not formally have access to its options, such as voluntary removal of controversial content from the search indicates Director of Association “Internet video” Alex Bardin. While earlier, the company has addressed with the claim about the highlights of Italian football posted on the “Cempionatam” (included in the Rambler Group). In July 2019 TeleSport demanded Rambler 234 million rubles. for 47 violations, in October, the court supported the demands of 1.4 million rubles, now the case is being appealed in cassation.Senior lawyer at Vegas Lex, Kirill Nikitin calls the case against “Yandex” case — still claims the Russian courts had not considered. Claims TeleSport, he said “at least unclear” as “Yandex” has indexed legitimately uploaded information. According to the lawyer, placing the content TeleSport automatically provided by “Yandex” rights to its reproduction within the limits specified in the user agreements of the social networks that may indicate the unreasonableness of the plaintiff.Anna Afanasyeva
