Court of the first instance sustained the claim of Mr. Baliyev without any proofs of violation from the Kcell and delivered decision to collect 670 million tenge in the plaintiff’s favor.
At the present time the DL Construction LLP has claims to the Kcell company for the total amount of 40 billion tenge. Mobile operator does not agree with claims of Daniyar Baliyev’s company and expresses doubt concerning impartiality of court proceedings.
The DL Construction LLP, belonging to Daniyar Baliyev, submitted claims to the Kcell JSC and its Partner Terraline LLP in the court about alleged infringement of copyright, transferred to the DL Construction LLP. According to the DL Construction LLP infringement was committed by the Kcell company and its Partner when 49 videos were allegedly broadcasted within 18 days on the Muzlife TV channel, included in one of the Mobi TV package, whereas the Muzlife TV channel did not confirm in the court the right to broadcast them.
Court of the first instance found violation of copyright from both the Kcell JSC Service Provider and Terraline LLP and authorized to collect 1300 MCI for every case of playback for the total amount of 670 million tenge.
At the present time Daniyar Baliyev’s company has submitted 2 more pre-trial claims for the total amount of more than 5 billion tenge to the Kcell JSC. Besides that, the DL Construction LLP intends to collect about 40 billion tenge from the Kcell JSC as compensation for allegedly infringement by the mobile operator and its Partner of all copyrights transferred to the Company of Mr. Daniyar Baliyev.
The Kcell JSC does not agree with copyrights infringement. The Company will continue to appeal against the court judgment and states the following.
The Kcell JSC works in strict compliance with the Legislation of the RK and fully committed to the policy of copyright protection in Kazakhstan. 2 years ago the company set the objective towards itself and the market: change consumer behavior and make consuming of the legal, respecting the copyrights content, accessible, convenient and profitable for mass consumer.
In order to implement this objective the Kcell JSC thoroughly elaborated and concluded all necessary documents in compliance with the Legislation of the RK. These legal documents, including all necessary contracts, provide access of company’s clients to the legal content, distributed by the Terraline LLP.
In terms of legislation of the RK, the Terraline LLP has all necessary documents, which provide legal access to the content.
Both under the contract and legislation of the Republic of Kazakhstan, responsibility for observance of copyrights of the video content used by the Muzlife TV channel is imposed on this TV channel, which develops its TV listings and is obliged to use and include in it only those objects of the right of intellectual property, necessary rights to which are obtained by this TV channel.
No satisfactory proofs of actual broadcast of the video content with infringement of copyright, transferred to the company, belonging to Daniyar Baliyev was provided in the court.
According to the logics of Daniyar Baliyev both the TV channel and tele-radio broadcasting operator, and in our case, also the mobile provider, are obliged to receive permission and pay licensing fee at second and third time, for the video content, which the TV channel used in the broadcasting network.
Such decisions and actions of judicial authorities have negative impact on development and distribution of the legal content in the country with observance of copyrights. They also contradict to the norms of international and national legislation in the field of intellectual property.