If the court recognizes the existence of plagiarism, Kirkorov is no longer threatened with sweeping yards, but with more tangible punishments - the article provides for a fine in the amount of 400 to 800 minimum wages or other income for a period of 4 to 8 months, or arrest for a period of 4 to 6 months, or imprisonment for up to 5 years.
According to the lawyer, within 2-3 weeks the Prosecutor General's Office will decide whether a criminal case will be initiated against the well-deserved remaker. However, "judging by the reaction to the trial in Rostov-on-Don", Tyukalov believes that this is very likely. At the same time, he does not disclose which particular performer (or performers) are his clients in this case. Theoretically, any author from the list given in the lawyer's statement (see below) can be a plaintiff. But at the same time, as the lawyer notes, according to the law, the criminal process can take place without a statement from the injured party.
Recall that yesterday the same accusation was brought against Kirkorov by the songwriter Ilya Reznik, whom the offended Philip called Judas for refusing to support him in. Reznik.
Here is a list of borrowings that lawyer Tyukalov found in Kirkorov's work:
| 1. | Scarlet Flower (Sinbad the Sailor, 1990 and You, You, You, 1991) | Orna & Moshe Datz - Kan |
| 2. | You are not more beautiful (Sinbad the Sailor, 1990, Heaven and Earth, 1991) | Zdravko Colic - Ti Si Mi U Krvi (Ti Si Mi U Krvi, 1984) |
| 3. | You, you, you (You, you, you, 1991) | Vasil Naydenov - Telefonna Lyubov, 1982) |
| 4. | These eyes are opposite (So-and-so, 1992) | Valery Obodzinsky - These eyes are opposite, 1967) |
| 5. | Sad Angel (I am not Raphael, 1994) | Blue system (Dieter Bohlen) - Romeo & Juliet, (Hello America, 1992) |
| 6. | Only the day before yesterday (I am not Raphael, 1994) | London Boys - London Nights (The Twelve Commandments of Dance, 1988) |
| 7. | Magic Symphony (I'm not Rafael - live) | Blue System - Magic Symphony (Twilight, 1989) |
| 8. | Twist, hello (Tell the sun: "Yes!", 1995) | Chubby Checker - Let's Twist Again (1961) |
| 10. | My mother spoke quietly to me (Tell the sun "Yes!", 1995) | Chaim Moshe - Toda (Thank you) - (Greatest Hits, part 2 1988); George Dalaras - Ola kala, ola orea (1969) |
| 11. | Diva (Oh, Mom, Chic Ladies, 1998) | Dana International - Diva (Diva Ha "Osef, 1998) |
| 12. | Oh, mom, chic ladies (Oh, mom, chic ladies, 1998) | Tarkan - Hepsi senin mi? (A-Acayipsin, 1995) |
| 13. | Salma (Oh Mom Chic Ladies 1998) | Dalida - Salma ya Salama |
| 14. | It's Summer (Oh, Mom, Chic Ladies, 1998) | Serdar Ortac - Terelelli (Gecelerin adami, 1998) |
| 15. | You are with me (Oh, mother, chic ladies, 1998) | Serdar Ortac - Ne olur gitme (Gecelerin adami, 1998) |
| 16. | Silk thread (Oh, mother, chic ladies, 1998) | Dalida - Helwa ya Balady |
| 17. | Flamenco (Oh, Mom, Chic Ladies, 1998) | Dalida - Flamenco Bleu (1956) |
| 18. | Kiss (Oh, Mom, Chic Ladies, 1998) | Tarkan-Simaric |
| 19. | From love turn (Oh, mom, chic ladies, 1998) | Mustafa Sandal |
| 20. | Delilah (Love to the One, 1998) | Tom Jones - Delilah (1967) |
| 21. | Summer was leaving (With love for the Only One, 1998) | Baccara - Cara Mia (single, 1977) |
| 22. | Fly away, cloud (With love for the only one, 1998) | Alla Pugacheva - Fly away, cloud |
| 23. | I met a girl (Old songs about the main thing 1, 1996; With love for the only one, 1998) | Jahon Saidmuradov - Didam Jamole (I met a girl, translated from Tajik) (Film "I met a girl", 1957) The song became popular performed by Rashid Behbudov |
| 24. | Mambo Italiano (Kilimanjaro, 2000) | Rosemary Clooney - Mambo Italiano (1954) |
| 25. | Chile Cha Cha (Kilimanjaro, 2000) | Jessica Jay - Chilly Cha Cha (1998) |
| 26. | Both fire and water (Single, 2000) | Antique - Dynata Dynata (Opa-Opa, 1999) |
| 27. | Livin "La Vida Loca (Old songs about the main thing. Postscript, 2000) | Ricky Martin |
| 28. | I will die for you (Single, 2001) | Antique - I Would Die For You (Single, 2001) |
| 29. | Give Me Freedom (In Love and Crazy Lonely, 2002) | Stevie Wonder - Free (Characters, 1987) |
| 30. | My Victoria (In love and insanely lonely, 2002) | Baccara - Somewhere in paradise (Single, 1978) |
| 31. | Bunnies apart (Stranger, 2003) | In-Grid - Tu Es Foutu (Rendez-Vous, 2003) |
| 32. | Give Fire, Baby (Stranger, 2003) | DJ Mendez - Adrenalin (Adrenalin, 2002) |
| 33. | Soul in Love (Single, "Jurmala 2003", duet album, 2003) | Pernilla Wahlgren & Jan Johansen - Let your spirit fly (Single, Eurovision 2003) |
| 34. | The Show Must Go On (Duets, 2003) | Queen - The Show Must Go On (Innuendo, 1991) |
| 35. | Mouse (Mouse, 1999) | The Doors - People are Strange (Strange Days, 1967) - melody partially borrowed |
| 36. | Would You Believe (Single, 2001) | Robbie Williams - Supreme - this is where the opening loss comes from. And the melody is partially borrowed from Pakhmutova's song "Tenderness |
| 37. | Tough Love (Stranger, 2003) | Westlife – Soledad (Coast to Coast, 2000) Arrangement borrowed |
| 38. | And You Say (Duets, 2003) | Rolling Stones – Anybody Seen My Baby (Bridges to Babylon, 1997) Very similar chorus |
The singer was sued for copyright infringement for the song "Silk Thread". This was stated by the President of the Union of Lawyers of Russia Igor Trunov representing the plaintiff. According to the lawyer, the lyrics of the song "Silk thread" belong to the French songwriter Kassab Sinue. As compensation, the plaintiff requested 15 million rubles from Kirkorov.
The day before, Kirkorov's lawyer Alexander Dobrovinsky announced in his microblog on Instagram that they won a trial for plagiarism. In his post, the lawyer suggested that the action on the French side was just a scam.
"Dear friends! It's done. In the end, we met with another Frenchman who tried to rip off money fromPhilip Kirkorov in court. Because until this day there were only conversations and words both from the “Frenchmen from Bordeaux” and from their lawyers - Trunov and the former Tronuva, the current Aivar.Now all the chatter is over! WE WON! The court rejected arrogant claims for millions of rubles!The French and others who want to cash in, aren't you tired of it? Or is it just masochism?Then maybe not in court, but somewhere else?However, I still have one question, and it is still unanswered: Was it another French scam or just legal virginity?Thanks to everyone who helped us. And, of course, many thanks to my wonderful colleague Marina Dubrovskaya!Special thanks to the smartest lawyers Oleg Senotov and Andrey Sotnikov. Smart knowledgeable professionals. The pride of our advocacy!Clear victory!" - Dobrovinsky wrote (the spelling and punctuation of the author are given unchanged. - Note. ed.).
Philip Kirkorov and Alexander Dobrovinsky
Recall that earlier the king of pop was already involved in such proceedings. In October 2016, the leader of the Space group made claims to Kirkorov that he was illegally using his music. Those close to Kirkorov say that he was extremely surprised, because he is a performer, and not the author of a song, but he was ready to resolve the issue through the courts. The conflict between Philip Kirkorov and the French composer Didier Marouani continued in Moscow, where the leader of the Space band arrived to, as he thought, resolve the dispute over the song. Recall that the subject of the dispute was the famous composition "I didn't know that love can be cruel ...". Marouani also did not suspect that reality could be so cruel and he would end up in the police.
The fact is that Kirkorov wrote a statement to the police, in which he pointed out the fact that lawyer Igor Trunov and French artist Didier Marouani had extorted a large amount of money from him. As Kirkorov's lawyer Alexander Dobrovinsky explained, it was about one million euros, which Philip had to pay "so that he does not spread negative information about them." The police reacted promptly and detained the Frenchman and his representative. True, not even a day had passed since they were released, having figured out that there was no extortion. Law enforcement officers apologized to Trunov and Marouani.
Philip Kirkorov
Commenting on the story of the detention of the leader of the French group Space Didier Marouani. He stressed that he does not want blood, punishment of Marouani, but the French musician in Moscow was caught red-handed while extorting one million euros. "I don't sign settlement agreements," said Kirkorov. "I hoped it was a joke. But it went too far."
The Russian singer admitted that on October 29 he experienced real stress. He explained that he turned to law enforcement agencies to protect himself from unfounded accusations. People's Artist of Russia admitted that he was silent for a whole month, watching the situation from the sidelines. He was ready to forgive Marouani for the accusations if he apologized to the fans of the song "Cruel Love". “He will apologize, I will forgive. And I will even take the statement from the police,” Philip Kirkorov promised.
He recalled that under Article 163 ("Extortion on a large scale"). Everything that happens in the branch of Sberbank on Pokrovka is a special operation of law enforcement agencies.
Philip Kirkorov considers accusations of plagiarism in the song "Cruel Love" by Didier Marouani to his address as absurd. The conflict of musicians arose because of copyrights. Marouani, referring to the conclusion of experts, claimed that the song is a reworked version of the Symphonic Space Dream song.
Philip Kirkorov learned about the claims of the French musician from the media. 15 years after the song sounded, the real author suddenly “woke up”, the Russian singer joked. He was surprised that Marouani showed interest in the song on the eve of the start of his project in Russia, Kirkorov noted.
“But this is not so bad,” Kirkorov emphasized. “After comparing the documents for registering all rights, we came to the conclusion that the song“ Cruel Love ”was written three years earlier than Marouani’s song.”
"His hobby is to sue various musicians around the world," said Philip Kirkorov about Marouani.
Marouani, Kirkorov emphasized, has 12 such lawsuits around the world. and chose, at the suggestion of Trunov's lawyer, a victim in the form of Philip Kirkorov.
Philip Kirkorov admitted that he personally did not know Didier Marouani.
At the same time, Philip Kirkorov intends to persuade the songwriter Oleg Popkov to file a lawsuit in a French court, since it was Marouani who stole the song from Popkov, and not vice versa. The Russian performer also intends to seek from Didier Marouani the disruption of his concert show "I" in Kurgan. He promised that he would repay his fans and apologize for the concert that was disrupted through no fault of his own.
According to Philip Kirkorov, everyone will eventually find out the details of what happened, maybe even a film based on these events will be made.
"Yesterday I was a member of the militant", - said Philip Kirkorov.
He expressed the hope that this dirty story would not cast a shadow on his reputation, even if by chance a few notes in some two works coincide by chance. At the same time, Kirkorov is ready for any development of the situation.
At the same time, simultaneously with the interview of Philip Kirkorov on the air of Rossiya 24, a press conference was held in Moscow by Didier Marouani, his lawyers Igor Trunov and Lyudmila Aivar. On it, Marouani stated that he did not extort money from Kirkorov, they had to come to a settlement agreement regarding copyright infringement.
“Of course. It was like in a bad detective production. Of course, we all saw these films, but it’s not very pleasant to experience it for ourselves,” admitted Marouani.
He also stated that more than 60 letters from the correspondence with Philip Kirkorov inexplicably disappeared from his mailbox.
"Someone erased them. But I sent copies to my manager and lawyers in advance, saving it this way," the French musician said.
Alexander Dobrovinsky told Business FM how the dispute about "Cruel Love" between Russian and French singers will continue and whether sanctions will follow against pranksters
Philip Kirkorov. Photo: Valery Sharifulin/TASS
The police apologized to the leader of the French group Space Didier Marouani and lawyer Igor Trunov. On the evening of November 29, they were detained in the center of Moscow, allegedly for extorting 1 million euros from Philip Kirkorov. The French musician and lawyer were released only at 5:00.
Igor Trunov, representing the interests of Marouani, filed a lawsuit with the Moscow City Court on November 1 demanding to recover 75 million rubles from Kirkorov for plagiarism of the song "Cruel Love", but the court rejected it. On November 28, Trunov said that the Russian singer agreed to pay compensation, but the next day he and Marouani were detained in the Moscow branch of Sberbank - Kirkorov turned to the police with a statement about extortion of 1 million euros. The reason was the correspondence between the prankster Vovan and Marouani on behalf of the Russian singer, in which Kirkorov's lawyer Alexander Dobrovinsky saw signs of extortion. What will happen next, Dobrovinsky said in an interview with Business FM.
Alexander Dobrovinsky: Today, as far as I heard, interrogations will continue. Marouani did not answer questions yesterday. He will answer only in the presence of the consul.
Can you explain the role of pranksters in this story, why are there no complaints against them?
Alexander Dobrovinsky: And what claims can be made against them?
As far as I understand, it was they who voiced the amount of 1 million.
Alexander Dobrovinsky: I guess I didn't go into details. They voiced or did not voice, a person came to get a million euros for silence, that's enough for me.
That is, did they help you, or was it, on the contrary, Vovan's own initiative?
Alexander Dobrovinsky: When you walk down the street, step on the sidewalk, does it help you walk or not? These people called me and said - this is the situation. I had to live with her and say something to Kirkorov, based on the situation that had developed. When I informed Kirkorov about this, he did not make claims against them - who are they at all? They have nothing to do with extortion or Kirkorov, they have never done this. He made claims against someone who extorted money from a certain Philip, whom they introduced themselves as. But since Philip Kirkorov is alone, then claims to Marouani.
When asked why the pranksters, who, according to Marouani's supporters, framed the musician, are not being investigated, answers Alexey Karpenko, Senior Partner at Forward Legal: “The filing of a lawsuit by Marouani in no case can be a fact of extortion. Filing a lawsuit in court has a so-called immunity: you have the right to defend your rights, and this is in no way considered an attack, a threat or an attempt to extort. In this sense, Marouani's actions are absolutely within the law. If Marouani, acting in good faith and assuming that Kirkorov's representatives were negotiating with him on the opposite side, went to Russia to conclude an agreement and receive money, there is no illegal act in this. I don't see any corpus delicti here, no extortion. Very often, in completely different cases, both in courts of general jurisdiction and in arbitration in Russia, the parties conclude a settlement agreement outside the courtroom, this is absolutely normal. As for the prankster, I don’t see any criminal offense in his actions, but as for civil law consequences, in my opinion, Marouani has the right to sue the prankster for losses related to the fact that he spent money on coming to Russia . If I understand correctly, he came to Russia precisely in order to resolve this situation, believing that the person who communicates with him has authority. Accordingly, since it deceived and did not have such authority, and Marouani, in connection with the invitation and the fact that he was misled, came to Russia, spent money on arrival, a hotel, and so on, I think he can try to sue for damages associated with this fraud, plus, of course, compensation for non-pecuniary damage.
Among the experts there are those who sided with Philip Kirkorov, because they believe that he was under pressure and he had the right to defend his good name if he considered the claims of plagiarism to be unfounded.
One of the main questions remains: was there plagiarism? The author of the hit "Cruel Love" Oleg Popkov claims that he wrote the song himself and he has drafts of it from 1996 to 1998. “It is still unclear who stole from whom,” says the composer. In the Russian Authors' Society, according to news agencies, Kirkorov's song was registered in 2000. The composition of Didier Marouani was released in 1999. dispute comments music critic Artemy Troitsky: “I think that most likely there is a banal plagiarism. Not only in defense, but in defense of Kirkorov, I can say that these plagiarisms happen all the time and with all artists. Any modern hit, if you check all the dossiers, it turns out that he has some kind of prototype. In addition, the amount of 1 million euros, of course, is absolutely inadequate. I think that Kirkorov simply offered Marouani some reasonable sum - 10 thousand, 20 thousand. For such a poor artist as Marouani, this would be a royal gift. But Marouani, apparently under the influence of his lawyer, may have decided that it was possible to earn extra money much more seriously, and accordingly, he set the matter in motion and was to blame himself. The greed of the fraer ruined, says a well-known proverb.
The pioneer of electronic music Didier Marouani found himself in a very unpleasant situation in Russia - he came to Moscow for compensation due to plagiarism, but ended up in the police as an extortionist.
The world-famous musician is suing Russian pop singer Philip Kirkorov over the song "Cruel Love", which, according to Marouani, is a plagiarism of his composition Symphonic Space Dream.
Korrespondent.net followed the adventures of the Frenchman Didier Marouani in Russia.
Reasons for the conflict between Marouani and Kirkorov
The conflict arose due to Marouani's demand, as the leader of the Space group, to ban the performance of the song "Cruel Love" through a Moscow court. The French performer estimated the damage from copyright infringement at 75 million rubles (one million euros).
According to experts, 41 percent of Marouani's work is borrowed in the song "Cruel Love", and the chorus matches 71 percent.
Space - Symphonic Space Dream
Philip Kirkorov himself calls the accusations of plagiarism against him absurd.
"Everything looks absurd. Why are there accusations against me when the song has an author? Why did all this suddenly arise after the 15-year performance of this song, which sounded in international competitions, was on the world air? Why all of a sudden now?", - Kirkorov says.
Philip Kirkorov - Cruel Love
On November 28, the lawyer of the French performer Igor Trunov said that the parties managed to reach an agreement in a pre-trial order. According to him, Kirkorov acknowledged the claims of Marouani and the Space group and even agreed to pay compensation.
However, according to the representative of the Russian singer Alexander Dobrovinsky, pranksters Vovan and Lexus corresponded with Maruani on behalf of Kirkorov, and the pop musician himself never contacted him.
"They were pranksters, but when they realized that things weren't going well, they contacted me and told me everything," Kirkorov's lawyer said.
The lawyer noted that Philip Kirkorov was not going to put up with Marouani, as the examination showed the absence of plagiarism in the song "Cruel Love".
"We took very serious experts, made an examination. The examination shows that these are two completely different songs. There is no borrowing there. It's all fiction," the lawyer said.
Kirkorov filed an application with the Main Investigation Department in connection with "desecration of reputation, slander and extortion."
Detention of Marouani
Marouani and his representative, Trunov, were detained on Tuesday evening at a branch of Sberbank in Moscow, where they were going to meet with Kirkorov to sign a settlement agreement.
Lawyer Lyudmila Aivar said that the police were already waiting for them at the bank branch and called the detention a planned provocation by Kirkorov.
“Without a criminal case, without detention, we voluntarily sat in the police station for 8 hours. They took the dossier on Kirkorov from us and still haven’t given it back,” says lawyer Trunov.
According to him, he and Marouani were treated rudely, and their mobile phones and documents were taken from them.
Trunov told reporters that he had already written a statement to the police about bringing Kirkorov and his lawyer Alexander Dobrovinsky to justice for a false denunciation.
How did Marouani react?
According to Marouani, after Dubrovinsky's lawyer's assistant took out two packs of 500 euros, 60 police officers burst into the premises.
"Of course, I was shocked. It was like in a bad detective production. Of course, we all saw these films, but it's not very pleasant to experience it for ourselves," said Marouani.
The musician also said that at the police station, where they were brought along with his lawyer Igor Trunov, all the police asked to take a selfie.
“I told them that at first you treated me badly, and now you are asking for a selfie,” Marouani said.
He also stressed that he was no longer considering the possibility of a settlement agreement with Philip Kirkorov after this incident.
"He had time to think everything over and accept the settlement agreement that was agreed upon. But yesterday his lawyer and he behaved like hooligans. Now he has to pay, but there will be no settlement agreement in court," Marouani said.
Later that evening, the French performer said he had a "very polite" conversation with Kirkorov and it went well.
“At the end of this conversation, he said that Oleg Popkov (author of the composition “Cruel Love”) is a rich man and the mafia helps him. Whether this was the beginning of intimidation, I can’t say. But I was not scared. And offered to pay compensation in cash. me, I say: "Let's not kiss!" - said Marouani.
Didier Marouani is a French musician, composer and keyboardist, leader of the band Space. One of the pioneers in electronic music.
In 1983, Marouani visited the USSR with a series of concerts, demonstrating laser shows. In 1992 he also gave a series of concerts in Ukraine and Russia.
It is worth noting that his Space Opera album was taken by astronauts to the Mir station.
