`Soyuzmultfilm` suing `Comedy Club` because of Cheburashka

`Soyuzmultfilm` suing `Comedy Club` because of CheburashkaFSUE "the film Fund film Studio Soyuzmultfilm" intends to ask the creators of "the best film", the company Comedy Club Production, to pay compensation for using the image of Cheburashka.In the event of failure of the FSUE ready to go to court. Experts believe that following the "Soyuzmultfilm" with claims to a Comedy Club Production, whose project broke the Russian record box office in the first weekend, will start to contact other companies, reports RBC Daily.As stated by the official representative of the Federal state unitary enterprise "the film Fund film Studio Soyuzmultfilm" Arnold Tatarintsev, using the image of Cheburashka in "the best film", its creators have violated copyrights of "Soyuzmultfilm". "We are the successor of the Soviet film Studio "Soyuzmultfilm", and we hold rights to use the cartoon and its individual elements, including characters that were created in the Studio. Comedy Club Production had to get permission to use the image of the Cheburashka cartoon, which is issued for a fee," he explained.According to Tatarintseva, next week the representatives of FSUE intend to contact the creators of "the best film" for compensation. "The amount of compensation must be significant, given the popularity of the film (for the first four days the film has collected 16.5 million dollars in Russia) and the nature of the violation. If we fail to agree, the state will likely appeal to the court against the creators of the film. And it will probably take the decision on prohibiting the use of the film," warns Tatarintsev.Director filmmaking Comedy Club Production Denis Nikiforov sure that all rights to use the image of Cheburashka in the film "cleaned". "We vossos Dali painted the image of Cheburashka with the help of computer graphics. And rights to use the image we acquired from its author - artist Leonid Shvartsman," said he.The General Director of the FSUE "film Fund film Studio Soyuzmultfilm" Vasily Shilnikov immediately noted that the artist the right to use the image of Cheburashka not belong. "The rights to use the characters belonged to the Soviet film Studio. Now these rights belong to us. But we are now giving credit to the authors paid a percentage from the sale of rights to use cartoons", - he noted.According to experts, the dispute FSUE and Comedy Club Production will end in court. "Cause of action is obvious, since any character from the film, can not be used without the consent of the copyright holder. And find out who is the copyright holder, have the authors of their rights "Soyuzmultfilm", and if so, under what conditions, can only be in court on the basis of documents", - says head of Department of intellectual property UNESCO Mikhail Fedotov.He also notes that parody works subject to other legislation. "In world practice on making a parody consent of the right holder is not required. We have the 4th part of the civil code also States that the creation of works in the genre of parody based on another original work is permitted without the consent of the copyright holder. But to recognize the "best movie" parody, again, only the court," he explained. Source: "Soyuzmultfilm" suing "Comedy Club" because of Cheburashka.

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