Savinkov, being the sole heir and owner of exclusive copyright to works by the artist Bartolov, who died in 1999, filed a lawsuit against the publishing house ARGO for the recognition of some of his printed products as counterfeit, collecting a fine in the amount of 15% of the amount of the publisher’s income and moral harm . The plaintiff argued that the defendant, without his permission and without paying the appropriate remuneration, carried out the distribution of Bartolov’s works by selling catalogs and reproductions of his paintings.
Savinkov insisted on the recognition of printed materials as counterfeit and its withdrawal from circulation, arguing that the color gamut of reproductions did not correspond to the originals of Bartolov´s works, and in some cases the images were significantly distorted. In addition, the catalogs incorrectly indicate the years of creation of some canvases.
The publisher did not recognize the claim, citing the fact that the publication of catalogs and reproductions was associated exclusively with the holding of exhibitions and pursued only cultural and educational purposes, and the distortions of images and typos in the catalogs are insignificant and do not affect the popularity of Bartolov’s artistic heritage.
Analyze the arguments of the parties and decide the case.
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