Song precedent: how and why Povaliy lost the rights to her hits
11 September 14:42
The Ukrainian National Office of Intellectual Property and Innovations (UKRIPI) has registered the property rights to nine songs belonging to the Putinist singer and former MP from the Party of Regions Taisiya Povaliy with the State of Ukraine represented by the State Property Fund of Ukraine. This was reported by the press service of the State Property Fund of Ukraine, "Komersant Ukrainian" reports
This is the first case in Ukraine when the property rights to musical works belonging to a sanctioned person became the property of the state. Information about this was published in the official electronic bulletin “Copyright and Related Rights” No. 92 and in the Special Information System (SIS) of the Ukrainian National Agency of Intellectual Property Rights.
The list of songs to which the rights were transferred to the state:
- “I will hug you”
- “To love, understand and listen”
- “Guardian Angels”
- “Forever”
- “I just want to”
- “Beads of Love”
- “More than close”
- “I’m flying into the distance with you blue”
- “Good morning”.
The property rights to these works were transferred to Taisiya Povaliy by the songwriters under alienation agreements.
What was the reason for the transfer of rights to the state
The registration of property rights took place pursuant to a decision of the High Anti-Corruption Court (HACC) by a resolution of the HACC Appeals Chamber. This became possible due to the application of the Law of Ukraine “On Sanctions“, which allows for the recovery of assets of individuals or legal entities supporting Russia’s armed aggression against Ukraine into the state’s revenue.
“These are some of the first state copyright registrations by the State Property Fund of Ukraine for works recovered as a result of sanctions. They demonstrate how the sanctions mechanism really works and allows turning the assets of sanctioned persons into a resource for the state,” commented Liubov Maydanyk, Deputy Director of URNIPI.
What it means for Povaliy and her music
The property rights of an author (or other person holding copyright) include
a) the exclusive right to use the work;
b) the exclusive right to authorize or prohibit the use of the work by other persons.
The transfer of property rights to the state means that Povaliy has lost the ability to dispose of these songs independently.
She cannot profit from the performance or use of these tracks without the permission of the state, in particular the State Property Fund, which now controls the commercial use of music and lyrics.
There is no doubt that the Putinist singer will continue to perform these songs at her concerts in Russia. Ukrainian producers have repeatedly documented similar violations and emphasized that it is currently almost impossible to bring such performers to justice.
So far, neither the singer nor her husband and producer Igor Likhuta have spoken out about this situation. At the same time, Povaliy continues to give interviews to Russian media.
What is known about Povaliy’s case
It has been established that the singer moved to Russia in 2014, now lives in Moscow and conducts creative and entrepreneurial activities there. In 2023, she received Russian citizenship.
“Having conscious anti-Ukrainian ideological motives, the artist actively supports the President of the Russian Federation. In particular, she participates in various political actions,” the statement said.
Povaliy readily gives interviews to propaganda media, in which she praises Russian military and political ideals and humiliates Ukrainians, calling them “zombie Nazis.”
According to the Prosecutor General’s Office, Povaliy will be tried for:
- Collaboration activities (Part 6 of Article 111-1 of the Criminal Code);
- Public calls for aggressive war (Article 436 of the Criminal Code);
- Justification and glorification of the Russian military (Part 1 of Article 436-2 of the Criminal Code).
Confiscation of Povaliy’s property
As you know, the day before, the High Anti-Corruption Court decided to confiscate a BMW car, 7 land plots in Kyiv region, a residential building and household property from the Putinist. In addition, she was deprived of the rights to 9 songs.
The HACC confiscated the assets belonging to the singer to the state:
- Seven land plots in Kyiv region (total area of 9.3 hectares);
- A residential building (442 square meters);
- Household (101 square meters);
- Two cars;
- Four weapons;
- Property rights to music and lyrics of nine songs.
The sanctions were imposed pursuant to a lawsuit filed by the Ministry of Justice of Ukraine and the Law of Ukraine On Sanctions.
As a reminder, the Security Service of Ukraine notified the singer in absentia of suspicion of collaboration, public calls for war and justification of Russian aggression against Ukraine.
Investigators found that Povaliy had moved to Russia, where she obtained Russian citizenship and publicly supported the Kremlin. During an interview with a Moscow-based online publication, she praised Russian President Vladimir Putin and called for the seizure of the entire territory of Ukraine.
She also tried to discredit Ukrainian defenders who took part in the battles for Kyiv.
In September 2023, at the invitation of the terrorist Pasichnyk, Povaliy performed at a concert in the temporarily occupied Luhansk. During her performance, she expressed support for the Russian invaders and glorified their participation in the war against Ukraine.
An examination initiated by the SBU confirmed the facts of Taisiya Povaliy’s subversive activities in favor of the aggressor country.
What punishment does Povaliy face?
Procedural actions are currently underway. If the court finds Povaliy guilty, she faces up to 12 years in prison.
Sanctions against Povaliy
It should be noted that Ukraine proposed to revoke Povaliy’s title of “People’s Artist” back in 2018. Despite the fact that Russia seized Crimea and invaded Donbas, after 2014 she continued to travel to Russia and thanked the Russians for their reception. Moreover, immediately after the annexation of Crimea, Povaliy traveled there to perform a concert on the occasion of Russia’s Day.
In October 2022, artists of Ukrainian descent who live and perform in Russia – Ani Lorak, Taisiya Povaliy, and Anna Sedokova – were sanctioned by the National Security and Defense Council of Ukraine. The sanctions include blocking assets, restricting trade operations, preventing the withdrawal of capital from Ukraine, suspending the fulfillment of economic and financial obligations, revoking or suspending licenses and other permits, prohibiting participation in privatization, leasing state property, and more.
