Five facts about RAS: how the "business" of arrested Sergey Fedotov is organized

Main collector of royalties in Russia Sergey Fedotov has been accused of fraud by the Investigation Department of the Interior Ministry. RBC selected five stories about the structure of the Russian Authors Society (RAS), which is headed by Fedotov.
01.07.2016
RBC
Origin source
On Thursday, June 30 Fedotov was charged with fraud on a large scale. Fedotov himself not recognize his guilt and is ready to cooperate with the investigation.

Author's Board of RAO, which includes 16 composers, musicians and artists including Yuri Antonov, Igor Matvienko, Dmitry Malikov, Valeria Syutkina, on the same day, June 30, issued a statement saying that the very RAO not without accreditation, continues to work and It expects its partners' contractual obligations in full ". "Different periods have been in the history of the organization, but never the one artificially created hype and dirt that recent years poured into the press, is not marred its existence", - says the poet and member of the RAO Andrei Dementyev copyright advice. He believes that the question of responsibility to the authors Fedotov should be resolved within the organization, rather than from the inside heated "alien hunters to success."

Director and President of the Board of the Russian Union of right holders (CPR; Fedotov until the end of 2015 and was headed by the union at the same time RAW) Nikita Mikhalkov told about the availability of applicationsacce to mitigate the preventive measures to Fedotov. At the same time the director separately stressed that he "never worked" RAO, had him "irrelevant."

How does the work of UES and its competitors?

billions fees

Russia has a so-called collective rights management system since 2007. Now four organizations are accredited by the Ministry of Culture, which allows them to collect money from users of music, text, software and other objects of copyright and distribute the money among the owners.

Russian Authors' Society, the oldest organization, donates money to the authors of music and texts. Russian Organization for Intellectual Property (WIPO) distributes funds between performers and authors of phonograms. The Russian Union of right holders (RSP) collects the so-called tax on billet - 1% of the value of technology to producers and importers for the performance and copying of phonograms and audiovisual works for personal purposes. the protection and rights management in the arts Partnership (UPRAVIS) manages the rights in respect of the fine arts and authors' manuscripts.

To collect waste, whose members are more than 27 thousand. The authors, significantly ahead of the CPRs and WIPO. At the end of 2015 the company has collected about 4.5 billion rubles., Of which the holders transferred 3.6 billion rubles., CPR in the form of remuneration transferred 1.5 billion rubles. from the received 2.2 billion rubles, the WIPO -. about 0.8 billion rubles. of 1 billion rubles. These data were given in response to the request of the capital Prosecutor's deputies of the State Duma Sergei Obukhov, who in March 2016 requested by law enforcement agencies "to achieve transparency of expenditure of funds collected."

At the same time the FPR had a chance to get ahead: in late 2014 and directed it Fedotov offered Mikhalkov collect "taxes" from all owners of devices that have access to the Internet. Was supposed to collect the money will be telecommunications operators on the basis of 25-30 rubles. monthly from each device, and in return the user would get unrestricted access to content on the web - videos, music, and books, which would be covered by the single global licenseand. So CPR supposed to solve the problem once and piracy on the Internet, and the problem of payments to authors whose works are distributed online.

But "a tax on the Internet" have met fierce resistance on the part of market participants - and the operators and officials Ministry of Communications, Ministry of Justice, Ministry of Economic Development and the Federal Antimonopoly Service (FAS). In June 2015, the administration of President "buried" project, recognizing its inappropriateness.

"Family business"

A graduate of the Faculty of Economics of the Russian State University for the Humanities (Russian State Humanitarian University) Sergei Fedotov began "Russian credit" a career in the bank. RAO he led in 2004, this was preceded by four years when he was the CEO of RAO music publishing.

"For me it is [RW] very special organization, because the whole life of my family and my life are associated with it," - he said in an interview with RBC. businessman's mother, Vera Fedotova, "in the market" since the late 1970s; She has gone from head of department to the chief accountant of the All-Union Copyright Agency, the successorwhich became waste. Now formally Fedotov is the first deputy chairman of the RAO Board of Directors, ie the deputy of his son. Several RBC sources close to different societies, often pointed out that in the absence of radioactive waste Fedotov, in fact, his mother managed.

Lawyer Vera Fedotova was present at the hearing, after which the head of RAO under arrest until mid-August, and assured that it is not called in for questioning.

Over the years, Fedotov, according to SPARK, was listed as the founder or co-owner of more than 20 legal entities, including OOO "NAIS" (National Agency of Intellectual Property), LLC "The Hollywood Reporter Rus", LLC "Independend Pablisher Group" (publishing) and a number of trading companies . Most companies have ceased to exist, only five Ltd. had revenue for the years 2013-2014: total did not exceed several tens of millions of rubles a year.

"The Hollywood Reporter Rus" publishes Russian version of the American magazine of the world film industry The Hollywood Reporter (THR). In the US, THR is published weekly in Russia - once a month, asthere is the eponymous site. Sales Ltd in 2014 amounted to RUR 38.7 million. In 2012 Fedotov ceased to be enrolled in the company's owners, and the owner of 37% of the company was the "Studio" TriTe "Nikita Mikhalkov. Fedotov himself always pointed out that it is not a civil servant, so it can do anything and not be obliged to report.

Trying to unite

From the moment Fedotov headed RW copyright management market began to change dramatically. Fedotov has pioneered the creation of WIPO - the organization with the appearance in 2008 is headed by General Director of FSUE "Melody" Andrey Krichevsky. In turn, the RAO and WIPO in 2010, together with the Union of Cinematographers and a number of individuals have established ATN: President of the Council of the Union began Mikhalkov, and Fedotov until the end of 2015 was the first CEO (then he was replaced by Krichevsky).

In 2012, in an interview with Forbes Fedotov admitted that competition in the field of copyright "kills the very idea of ​​human control." "We wanted to build a kind of natural monopoly <...>. And she was in fact built right now, because really almost all the organizations that theyby the state accreditation in the country run and I established a team of specialists, "- said Fedotov.

In 2015 the RAO, CPR and WIPO agreed to merge into a single entity - the union of artists "Russian Authors' Society" (MPC "RAO"), and even filed the necessary documents to the Ministry of Justice. The idea of ​​combining companies supported the Minister of Culture Vladimir Medina.

As told RBC in early August 2015, the first representative of radioactive waste, set up a new organization, formed by governments and elected by the general director - it was Fedotov. But instead of creating a new structure of RAO simply rebranded: in the Unified Entry to rename appeared on 8 September while Krichevsky was authorized to act on behalf of the organization. As told RBC sources Fedotov is not satisfied, and he was one of the initiators of the action to the Ministry of Justice, submitted on 27 November.

Mikhalkov called collecting societies leaders "not to wash dirty linen in public" and to withdraw the claim, RBC said the source close to one of the companies. "RAO began complexity of an internal character, and Medzhment RAO saw for themselves some trouble, it was a joint decision to suspend the procedure of unification, "- said Mikhalkov RBC.

Attempts to reform

In 2015, the authors working with RAW, CPR and WIPO publicly talking about that unhappy management team, the Company's activity and the volume of fees. For example, songwriter Ilya Reznik has withdrawn all the rights to their works of waste management, and wrote a letter to Prime Minister Dmitry Medvedev that RAO "dictates and imposes onerous conditions are miserable, humiliating rates." For his work in 2013. Reznik received from RAO 12 kopecks., The letter said.

In November, a group of Russian producers appealed to the RAO and the WIPO proposal to reform these societies, the newspaper "Vedomosti": the letter was signed by representatives of producers Drobysha Victor, Konstantin Meladze, Igor Matvienko, Igor Krutoy and Maxim Fadeev. Matviyenko later said that societies are "civil war" account "actually frozen" organizations, and the authors do not receive payments. "I even imaginecould not imagine that such amounts can be displayed, there it is a sum of about 1 billion rubles ", -. the composer claimed. Fedotov offered to treat this statement "as an emotional act."

President Vladimir Putin said in his message, in August of 2015 called on the Government to increase the level of transparency in the area of ​​rights management; It has been identified and the period of performance problems - before September 15, but no bill has not been submitted to the Duma.

Ministry of Communications suggested completely abandon the rights management on non-contractual basis, to cancel the state accreditation, and thereby create competition among collecting societies - they would have to fight for the rights holders. At the same time collecting societies leaders could not hold positions for more than four years in a row, a number of organizations to manage both "have an interest in, the company owner." The same waste from 2012 through subsidiaries owns 80% in one of the oldest Russian record labels - "Union" studio, follows from the SPARK database.

In December 2015, a meeting of the representationItel CPR and WIPO Deputy communications minister Alexei Volin: after the meeting they took the course "to change." RAO staff at the meeting were not present.

Megaregulator to RAO

Ministry of Communications Initiatives immediately criticized the Ministry of Culture, noting that the scope of the regulation of copyright and related rights - taking care of this particular ministry. The Ministry of Culture objected to the move on a contractual basis of rights management, and instead proposed the creation of a special information system registry of rights holders and works with the "My Account", through which it will be possible to track accrued interest.

But in the future, the powers of the Ministry of Culture in the field of copyright may go to Rospatent: the end of July 2015 of the First Vice Prime Minister Igor Shuvalov commissioned to create a service based on a single regulator in the field of intellectual property, its head appointed former Deputy Culture Minister Gregory Ivliev.

Representatives of ministries and Rospatent explained that the devolution process will take some time. Meanwhile, from March Contact administrationand the president of the government apparatus (a copy is in the RBC) indicated that the market reform "premature."

At the beginning of June 2016 a government commission on administrative reform, has confirmed the need to establish on the basis of a single body of Rospatent in the field of intellectual property, the press service of Rospatent. Three copyright board member RAO told RBC that Fedotov was invited "to the high office," Rospatent. Rospatent representative said that he was unaware of such a proposal.

Real deal

June 30 the Investigative Department of the Ministry of Interior presented the head of RAO Sergei Fedotov charged with fraud in a large scale (in part 4 of article 159 of the Criminal Code of Russia). The investigation believes that Fedotov in 2012 misled the author's advice on the objectives of creating RAO subsidiary CJSC "Service-operating company" (SEC), which were later transferred to the balance owned by RAO real estate and automobiles.

The maximum penalty under part 4 of article 159 of the Criminal Code - ten years in prison. June 28 the court concluded Fedotovthe investigation custody, the defense is trying to soften measure of restraint and ensure its contents under house arrest for medical reasons.

General Directorate of Economic Security and Anti-Corruption (GUEBiPK) Ministry of Internal Affairs in August 2015, of the beginning of the test RAO "for embezzlement of royalties through the acquisition and subsequent output through front companies of real estate." Interior Ministry officials then become interested in the transactions carried out through subsidiaries of the organization. In 2007-2011, RAO has acquired four properties with a total area of ​​more than 2 thousand sq. M. m, after which they have been submitted to the authorized capital of JSC "SEC". In the next two years the premises were transferred to the balance of other companies, some of which were subsequently liquidated.

It is based on this test, the Interior Ministry initiated a June 17 criminal investigation into the embezzlement of radioactive waste resulted from the application department. The investigation insists that the SEC was established by deception, "an unknown person" provided in the Registration Chamber forged a positive decisione Board of copyright, it follows from the decision to institute criminal proceedings, seen RBC reports. In doing so, members of the Board of RAO in August 2015 stated in a conversation with RBC that supported the idea of ​​establishment of the SEC. The investigation evaluates the damage caused by these operations, more than 500 million rubles.

Fedotov insists that it is not involved in the operational leadership of the CEA - for him it was done by his deputy Andrey Krichevsky. Krichevsky denies it.

Lawyer Denis Fedotov calls Baluev creation SEC "absolutely legitimate" step as waste itself is a public institution and can not make a profit, for example, from leasing real estate for rent. The proceeds from the sale of real estate money as explained in an interview with "Izvestiya" in 2015. Fedotov, was spent on the creation of an electronic system to ensure the transparency of the distribution of royalties between authors in RAO. RAO representative did not answer the question of RBC, whether as a result of such a system is created.