• English
  • Кыргызча
  • Русский
The Russian Drama Theater is obliged to pay royalty
Publication date: 
16/03/2010

The Bishkek District Court sustained a claim of Kyrgyzpatent to levy royalty from the National Russian Drama Theater named after Ch. Aitmatov in the amount 63 063 soms. Thus the suit came to the end that was continuing more then one year.

The license agreement between Kyrgyzpatent and the Theater administration on right for public performance of public works was concluded in 2001 in accordance with the Law of the KR on Copyright and other normative acts. According to this document, the Theater was obliged to pay quarterly to Kyrgyzpatent royalty, which amount was defined by special Regulation. The Theater administration regularly deducted the specified sum for authors’ royalty until 2007. .

However after change of leadership new director strongly declared off to pay this money. Even more, new administration put in a counter-claim in response to Kyrgyzpatent’s claim to the Court to repay accumulated debt. Leadership of the Theater announced that licensing agreement was unlawful and mandated to return already paid royalty in the amount 846 700 soms. As a ground it was declared that “Copyright for works performing in the theater in substance belongs to the State – theater owner”.

Following to this logic neither Mar Baidjiev, nor Myrzabek Toibaev, Chingiz Aitmatov or other authors, whose plays has been staged in the Theater, do not have the right to pretend to royalties for their creations. But there are only emotions but the Court follows in own decision the Law, which successively protects the authors rights. Therefore the Bishkek District Court’s verdict was decisive.