The Russian Ministry of Culture declined to authorize the release of Barbie and Oppenheimer under compulsory licensing, arguing that these titles fail to serve the aim of safeguarding and strengthening traditional Russian spiritual values. The response came in relation to a proposal by Vladislav Davankov, a Deputy Chairman of the State Duma, who suggested giving Russian viewers access to the two films.
According to the ministry, the films recommended for the public do not align with the presidential directive focused on preserving traditional Russian spiritual and moral values. The ministry’s communication drew on the perspective of the Ministry of Justice, which views compulsory licensing as a constraint on the exclusive rights of the rights holder. Civil rights are cited as the basis for such rights and may be limited only by federal law and only to the extent necessary to protect constitutional order, morals, health, rights, and legitimate interests, with a broader aim of safeguarding the country and state security.
In early August, Davankov discussed with the Cabinet the possibility of launching an experimental compulsory-licensing mechanism for films from non-friendly countries during August 2023. The goal was to give Russian audiences a chance to watch Barbie and Oppenheimer, as proposed by a member of the New People party.
The initiative did not garner support from the Film and Television Producers Association (APKiT). In a letter to Olga Lyubimova, the head of the Culture Ministry, APKiT stated that compulsory licenses conflict with Russian law. The association also highlighted a positive trend: a reduction in the distribution of foreign films can stimulate domestic cinema. It added that import substitution would drive more Russian film and TV production, contributing to the growth of national cinematography.
Meanwhile, amid ongoing tensions involving Ukraine, major studios including Disney, Paramount, Warner Bros., Sony, and Universal Pictures announced a halt to releasing new films in Russia and reduced their activities there. Their films likewise exited Russian streaming platforms. Previously, parallel import had addressed the availability of Hollywood titles, but the lack of a clear legal framework complicated the process. For example, films are not listed on the Ministry of Industry and Trade’s parallel-import list because they do not qualify as goods under the TN VED classification in the EAEU. A shift in responsibility was proposed to rest with the Ministry of Culture.
What are the traditional values in Russia?
On November 9, 2022, the Russian president approved a policy foundation aimed at preserving and strengthening traditional Russian spiritual and moral values. The policy describes traditional values as the spiritual, historical, and cultural values of Russia’s diverse population, which shape the worldview of citizens, transmit across generations, underpin civic unity, and define the country’s unique cultural space. These values are said to guide the national identity and the shared space of Russian life.
Spiritual and moral values include a respect for life and dignity, human rights and freedoms, patriotism, citizenship, service to the Fatherland, and a sense of responsibility for the country’s destiny. They emphasize high moral ideals, family strength, creative labor, and the priority of spirituality over material wealth. Humanism, compassion, justice, collective care, and mutual respect are highlighted, along with a reverence for historical memory and the unity of Russia’s peoples.
The decree also identifies the United States and other so-called unfriendly nations as a threat to Russian values. It classifies the promotion of unconventional sexual relations and selfishness as elements of subversive ideology that run contrary to the country’s traditions.