Interview with Honorary Academician of the Russian Academy of Arts, Vice President of the TSKhR Konstantin Markov

A series of training seminars "The Rights of Authors of Works of Art: How to Use and How to Protect" is held at the Russian Academy of Arts. Conducts seminars Markov Konstantin Vladimirovich - Honorary Academician of the Russian Academy of Arts, Vice President of the Creative Union of Artists of Russia on Legal Issues, Ph.D. in Law, Candidate of Technical Sciences, Associate Professor of the Department of Art History, Moscow State Art and Industrial Academy named after S.G. Stroganova, member of the Moscow Regional Bar Association.

KV Markov specializes in copyright and legal support of creative activities. Since 2004, he has been participating in the work of working groups of the State Duma of the Russian Federation on the preparation of draft legislative acts, meetings of round tables and parliamentary hearings, including on issues related to the legal support of creative activity.

Gallerix, in connection with the active and relevant support of educational programs in Russia and other countries, arranged an interview with Konstantin Vladimirovich Markov.

- Konstantin Vladimirovich, thank you for agreeing to give an interview! Please tell us how old your teaching has been, how did the idea and concept of the course come about?

KV Markov: Works of fine art are created by an artist - a man endowed with a special gift of seeing the world around him. With his works, the artist affects the feelings and emotions of people, making them think, rejoice, laugh and cry.

For the most part, creative people have little knowledge of legislation. As a result, artists, designers, photographers and representatives of other creative professions often have questions of a legal nature and, especially, related to the use of copyright.

The rapid development of digital technologies and the information and telecommunication network Internet has greatly simplified the processes of copying works of art and their use in violation of the rights of authors.

Under these conditions, the tasks of protecting and protecting the copyright of the creators of works of art become more relevant than ever.

In matters of protecting the results of intellectual activity, a special role is given to the Russian Academy of Arts (PAX).

In 2014 and 2016, two international conferences “Art and Law” were held at the Russian Academy of Arts, at which topical copyright issues in the field of fine art were discussed.

It was then that the idea was born of holding seminars, consultations, or as we say now "trainings" on copyright issues. This idea was supported by the vice-presidents of the Russian Academy of Arts, Konstantin Vasilyevich Khudyakov and Tatyana Alexandrovna Kochemasova.

Thanks to the cares and support led by Tatyana Alexandrovna Kochemasova of the Scientific and Organizational Directorate for the Coordination of Fundamental Research and Innovation Projects of the Russian Academy of Arts, its staff, Maria V. Vyazhevich and Nadezhda Nikolaevna Mukhina, since May 2016. Consultation seminars are held at the Russian Academy of Arts under the general title: “Rights of Authors of Works of Art: How to Use and How to Protect”.

The seminars somehow immediately became visited by artists, designers, photographers and other representatives of the creative professions.

- What is the structure of your course? Does it change from year to year in accordance with the new provisions in the law of the Russian Federation or is the course simply expanding in time?

K.V. Markov: In the course of our seminars, the participants get acquainted:

• with how to properly use and effectively manage their rights to works of art;
• with typical legal errors made by the authors in the field of artistic creation and design, as well as recommendations on how to avoid them;
• with features of contracts in copyright;
• with how to act if copyright is violated.

All issues of the seminars are considered on real life situations and examples from judicial practice. At the same time, the participants in the seminars have the opportunity, through dialogues and discussions, to actively participate in their discussion.

As for the formation of the topics of the seminar. The workshop is called a consultation workshop. The topic of the next seminar, and sometimes several, participants propose themselves.

For example, at a workshop on October 1, 2019. The question arose of how the right to process works of art differs from the right to inviolability of works, what is considered processing and what is borrowing? As a result, the theme of the seminar, which will be held on October 29, was: “The right to process works of art (Practical recommendations”). ”

Of course, some topics are repeated and this is natural. For many participants, issues related to contractual relations in copyright, with violations of their copyrights, including in the information and communication network INTERNET, are urgent issues that they encounter in their creative work.

Usually a seminar is held as follows. I make a presentation on the topic of the seminar within 30-40 minutes, if there are any changes in copyright law, then I dwell on them, and then we begin to discuss practical situations proposed by the participants.

We try to adhere to the proposed topic, but it happens that the seminar participants want to get answers to other questions from the field of copyright. We answer them, because people came to the seminar for this. Moreover, I answer questions not only myself. We have reputable copyright specialists at the seminars, for example, Ekaterina Eduardovna Chukovskaya, Yuri Ivanovich Bundin and others who are happy to participate in discussions.

In a word, it’s never boring.

- What is your audience? Who comes to the seminars?

KV Markov: Seminars are popular with people in creative professions, and not only in Moscow.

Artists, sculptors, designers, photographers came from St. Petersburg, Saratov, Samara, Kazan and Ufa.

It is gratifying to note that in addition to the already held artists, photographers, designers, seminars began to be attended by teachers and senior students of creative universities, museum staff, and young authors of works of art.

Moreover, the communication with its participants is not limited to the seminar. By e-mail and by phone I am asked questions between the seminars.

Three years of experience in communicating with the participants in the seminars revealed a range of issues of particular interest. Conventionally, they can be divided into three groups.

1st group. Issues related to copyright infringement of designers and artists, identifying these infringements, in particular on the Internet, collecting evidence, working with copyright infringers to recover money and compensation in a judicial and pre-trial manner. This group should include recently frequented questions about borrowing, ideas that belong to them and their embodiment in the works of other authors.

2nd group. Questions arising from the relationship between the customer and the artist (designer). This mainly concerns copyright contracts for free artists (freelancers) and relations with the employer for designers and artists working under an employment contract. Often, artists are interested in relations with museums in terms of copying paintings and their further use.

Designers have questions regarding the design of relations with the customer regarding the implementation of field supervision.

3rd group. Questions regarding the organization of business in the creative sphere, especially at its initial stage.

Questions are asked about the content of the contracts that artists are invited to sign with organizations that implement their work.

Often they ask about the inheritance of exclusive rights, etc.

In addition to artists, designers and people from other creative professions, collectors, gallery owners and other representatives of the art market are asking questions about copyright.

- What are your plans, and, possibly, the plans of PAX? We saw two educational videos created by the TSHR media service, can we continue to count on a certain online course and thematic video podcasts on the topics of your seminars?

KV Markov: I believe that cooperation with the media service of TLC will continue.

Many thanks to Marianna Kornilova, who heads the media service of TSHR and her entire team. She is the author of the idea to use media technology to promote and popularize our projects.

Under the guidance of Marianne, we are thinking through an online course and podcasts on the legal support of creative activities. I believe that today this is a hot topic.

As for the Russian Academy of Arts, the seminars continue and interest in them only increases.

On the basis of the seminars that were held, with the support of the Russian Academy of Arts, a scientific and methodological manual entitled “The Rights of Authors of Works of Art: How to Use and How to Protect” was prepared.

Not being a textbook on copyright, the book has the goal - in an accessible form to give a general idea of the rights of authors of works of art and how they are protected by copyright. The book focuses on issues that aroused the greatest interest among the participants in the seminars.

Those who wish to receive a book can write to the author at [email protected] and I will send the book in pdf format.

The seminars “Rights of authors of works of art: how to use them and how to protect” are held in the “House Church” hall of the MVK RAX “Zurab Tsereteli’s Art Gallery” (Prechistenka, 19). Beginning at 18:00, admission is free.

The next workshop will be held on October 29, 2019. Topic: “The right to process works of art (Practical recommendations).” Details on the site: https://www.rah.ru/exhibitions/detail.php?ID=32378

See you at the seminar,
Yours sincerely,
Konstantin Markov