On 3 June 2013 the Commercial (Arbitrazh) court of Moscow decided a case over the protection of exclusive copyrights to the painting of artist Vladimir S. Lyubarov and recovered a compensation from the individual entrepreneur Rotbort Victor Motelievich for the violation of exclusive copyrights to the painting by artist Vladimir Lyubarov “Strawberry”.
The core of the matter is that the individual entrepreneur Rotbort Victor Motelievich sold a reproduction of the painting by artist Vladimir Lyubarov “Strawberry” (created in 2006) without the permission of the owner of the exclusive right to the painting.
The court scrutinized the circumstances and the evidence presented by the attorneys of RVS and noted that the actions of the individual entrepreneur Rotbort Victor Motelievich were delinquent in the form of negligence, as the defendant, conducting commercial activity in sale-purchase of goods, that by their special designation and consumption, can contain results of intellectual activity as in general, and objects of copyrights in particular, did not demonstrate the duty of care and diligence that was required from him due to the character of the obligation and the conditions of the turn-over, and did not take all measures for due performance of this obligation.
We hope that after the entry into effect the decision of the Commercial (Arbitrazh) court of Moscow on the case of violation of exclusive right to the painting by Vladimir Lyubarov will become a precedent in the field of protection of copyrights of painters, photographers and other artists, whose rights are often infringed which remains unpunished.