The court for intellectual property rights (SIP) on Tuesday upheld the decision of the lower court, at the suit of the author of songs of group "the Disco failure" Alexey Ryzhov has banned the ex-soloist Nikolay Timofeev to perform 3 songs written Ryzhov, but canceled the collection Timofeev with monetary compensation, the information on the Internet office of the court.
Ryzhov in a private lawsuit had sought to recover from the former soloist of 2, 8 million rubles compensation for copyright infringement for the songs " Christmas ", "If you want to stay" and " Sky ".
The arbitration Court of Ivanovo region in March has satisfied the claim completely not - ordered Timofeev to pay the plaintiff 1, 7 million rubles and banned him from singing songs. In July, the Second Arbitration appeal Court in Kirov reversed the decision, leaving the ban on the execution in the power, but to abolish to recover from the former soloist of money. As found by the courts, Timofeev, leaving the team in 2012, then three times performed the disputed work, as well as among them at "Slavianski Bazaar" in Vitebsk.
Cassation in m & as on the court of appeals decision filed and Ryzhov, and Timofeev, however, the court of cassation on Tuesday threw judicial act without change.
In the fall of 2013 Ryzhov filed the same claim for copyright infringement, Timofeyev in district Court, but the Court of General jurisdiction dismissed the case, As a composer and performer of songs that have the status of individual entrepreneurs and their discussions must be resolved by arbitration.
Classmates Timofeev and Ryzhov in 1990 in Ivanovo founded the group " Disco Crash ", which later gained nationwide popularity and has won many musical awards. In 2012, Timofeev left the band, his place was taken by participant of the 3rd season of the Ukrainian show "X-Factor" Anna Khokhlova.