Asters has successfully defended the copyrights for the songs of “Kuzma”
On 28 March 2023, the Northern Commercial Court of Appeal dismissed the appeal Moon Records LLC and upheld the decision of the first instance court to recognize that the copyright in the lyrics of musician and the leader of Skryabin band Andriy Kuzmenko (Kuzma) belongs to Kuzma Skryabin LLC. The rights were acquired under an agreement with Andriy Kuzmenko’s widow. Importantly, the courts have also confirmed Andriy Kuzmenko’s authorship for the lyrics.
In 2021, Moon Records LLC applied to the court against Kuzma Skryabin LLC and Folio Publishers Ltd (Kharkiv) claiming infringement of copyright in “Rocky Road to Berlin” book, which was first published in 2006 and comprised the texts of songs. The plaintiff relied on the alleged recent acquisition of copyright in the songs from other band members and sought compensation. However, in September 2022, the Commercial Court of the city of Kyiv rejected the claim ruling that the plaintiff and other band members failed to prove their copyright.
Asters’ team working on the case consisted of partner Julia Semeniy, senior associate Olena Kozhokar and junior associate Tetiana Melnyk.