Tver District Court of Moscow ordered the McDonald's company to pay the compensation in the amount of 3 thousand dollars to Ivan Sergeyev who is a grandson of the poetess Adelina Adalis for the illegal use of a his grandmother’s poem in advertising.
"The commercials were shown on television at least a thousand times and copyright of Adalis’s creations has been infringed in eight ways in only one video", - explained their position the representative of Ivan Sergeev. The lawyer added that the creation has been unlawfully revised and distorted.
The defendant's representative submitted that at the time of the commercials creation copywriters came from the fact that Yulia Sergeeva - Adalis daughter - was the only heir in respect of the rights to the creation. It has also been leaved in doubt that the applicant had all the necessary documents for the implementation of copyright as an heir at a time when his rights were allegedly violated.
The TV channels’ representatives drew attention to the fact that the advertisements come to the channel with the assurance of "clean title to materials" from the creators of the relevant audiovisual works.
Earlier, March 2015, an advertising clip commissioned by McDonald's was filmed and shown on a number of television in which the song "The Last Poem" on poems by the Indian poet, Rabindranath Tagore translated into Russian by Adelina Adalis, was sounded.
Under Russian law, the descendants of the author's works are the copyright for seventy years after his death, but nobody has received permission from the Sergeev..
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