On the eve of the world Cup of young Moscow artists from the Heart of Moscow (with English “Heart of Moscow”) like a sword on the head whacked. As fans of the actual sport, they together with Vladimir Pantyliner created for the world Cup unique design and produced a series of first-class works under the name “Football Moscow 18”. When it came to the presentation of the project, it became clear that copyright a simple phrase recently became FIFA. How it happened and what to do now for young writers — says the founder of Heart of Moscow Alexander elzesser.
Mower and the woman with a rake Malevich, Ostankino tower, a pink Flamingo from the Moscow zoo and other images of the capital, outside the box and ironically beaten by the boys, brought them real fame. Cooperate with them, the Tretyakov gallery, the Museum of modern art “Garage”, Moscow Museum of modern art and many distinguished cultural institutions . And all because in addition to unconventional ideas and their successful implementation, the authors of the project strictly comply with the rules of intellectual property agreements, and agreements with rights holders, payment of a fee for using other people’s images… despite the fact that their story is essentially non-profit and lives thanks to the enthusiasm of people who “glorify the beloved city”.
– We initiated the project rather Moscow than the world Cup, says elzesser. In the palette, used the colour combination of Metropolitan clubs that are in our city five. Before starting to work, I consulted with lawyers, including those affiliated with FIFA On the issue, can we use the word “Football, Moscow and 18”, they replied in the affirmative, explained that the Civil code prohibits the registration of such trademarks. In General, we were assured that we may use them without restriction. And on the eve of the release of the series, it became known that contrary to logic, common sense and the law, especially for FIFA, an exception was made and they became holders of the phrase “Moscow 2018”. And it is written: “the holder: FIFA, FIFA-Strasse 20, 8044 Zurich, Switzerland”. All this, according to the law, has a fantastic wording — “the result of intellectual activity”.
That is now the law, the authors do not have the right to offer his work to promote them and even give. Violation of the law could lead them in a multimillion-dollar fines and a criminal case.
– All bodies including the Federal Antimonopoly service, according to lawyers, will take the side of FIFA – continues elzesser. To complain simply nowhere: it turns out that FIFA does not want to protect their income and not let the market competitors. Even if we would have bought an official license to use zabivki and official schedules of the world Cup, to release the series containing the word “Moscow 2018”, we would have no one has. I think it is unfair to associate the phrase only with the world Cup. Although this is certainly an important event and without such a reason we would hardly decided to devote his time and energy to creating a series about football in Moscow. We continue to knock on doors and looking for a legal way out of the situation. Otherwise, while “Moscow Swiss given” (paraphrase of Lermontov), will have to lay the work in the time capsule, bury it somewhere in the country and digging through eight years when the period of validity of exclusive rights to the result of their “intellectual activity” ends. Here, truly get retro-series!