Soyuzmultfilm Case: Films by Jove v. Berov (a US district court)

Essential reading:

The Battle for Cheburashka: Films by Jove, Inc. v. Berov and Copyright in Soviet Animated Films

https://yadi.sk/i/dDQrH3tNfwcDY

Read pages 343-350, 355-358, 362-364.

Additional reading:

The Battle for Cheburashka…

Read the rest of the article.

Technical reading:

Films by Jove, Inc. v. Berov, 154 F.Supp.2d 432 (E.D.N.Y. 2001).

http://law.justia.com/cases/federal/district-courts/FSupp2/154/432/2429458/

Films by Jove, Inc. v. Berov, 250 F.Supp.2d 156 (E.D.N.Y. 2003).

https://www.courtlistener.com/opinion/2381043/films-by-jove-inc-v-berov/

Films by Jove, Inc. v. Berov, 341 F.Supp.2d 199 (E.D.N.Y. 2004).

http://www.leagle.com/decision/2004540341FSupp2d199_1523

Issues for discussion:

1)      What court resolved the dispute? Who were the parties?  What was the subject matter of the dispute?

2)      Why did two different Soyuzmultfilms take part in the proceedings?  How did they happen to find themselves adverse parties?

3)      Which country’s law did the US court apply to decide who the copyright owner was?  How did the court determine the meaning of unclear provisions of Russian law?

4)      Which of the two Soyuzmultfilms was recognized by the US court as the copyright owner? Why?

5)      What was the opinion of the Russian Supreme Arbitrazh Court on the matter?  Why did the US court refuse to follow Russian Supreme Arbitrazh Court’s ruling?

6)      Was the US court justified in making rulings on Russian law issues contrary to Russian highest court’s opinions?  Is it US court’s business at all? Why or why not?

7)      What was the outcome of the case? Was it fair as to the US licensee?  To the alleged copyright infringer?  To the Russian state?  To the creator of the animated films? Why?

8)      What happened after the judgment?  Who currently is the owner of copyrights in old Soviet animated films?