The court refused to recover 5 million rubles from the blogger for using the “Zhdun” meme
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The Arbitration Court of the Moscow Region refused to recover 5 million rubles. from blogger Dmitry Portnyagin for using the “Zhdun” meme in a YouTube video. The copyright for the image of Zhdun in Russia belongs to the company C.D. Land Contact.
“CM Land Contact filed a claim with the Arbitration Court of the Moscow Region against individual entrepreneur Dmitry Sergeevich Portnyagin to recover compensation for the illegal use of a work of fine art with the code name “Zhdun” (Homunkulus Loxodontus) in the amount of 5 million rubles. By the decision of the Arbitration Court of the Moscow Region, the stated demands were denied,” the court’s decision says. It was published in card cases on the Arbitration Court website.
The case materials indicate that Dmitry Portnyagin used the “Zhdun” meme in his video from 2018. Telegram channels write that the copyright holder of the image of “Zhdun” has filed almost 500 cases of copyright infringement with the courts, of which more than 50 are currently under consideration. In total, “CD Land Contact” demands to recover about 48 million rubles.
The “Zhdun” meme became popular on Russian social networks in 2017. The image of the character, who looks like a seal with the head of an elephant, is based on the sculpture of Marguerite van Brevor. In May 2016, it was installed next to one of the hospitals in the Netherlands; it symbolizes patients waiting to see a doctor. “CD Land Contact” entered into an agreement with the artist and owns the exclusive rights to use Zhdun in Russia.
About other legal disputes with Zhdun – in the Kommersant material “Zhdun knocked on the Supreme Court”.
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