Sergei Shilovsky is the son of Bulgakova. The descendants of Mikhail Bulgakov are suing over his inheritance. “Bulgakov’s works did not make me a millionaire”

The film "The Master and Margarita", shot in 1993 by Yuri Kara, is still not available to the public: its producers and the heirs of the writer's copyright cannot find a common language. We invited both sides for a discussion so that the viewer could finally win this argument.

The “council of experts” includes director Yuri Kara, representatives of the TAMP company Irina Mineeva and academician Oleg Melik-Sarkisov, managing partner of the law firm “Tulubyeva, Osipov and Partners” Irina Tulubyeva, vice-president of the author’s council of the Russian Authors Society, writer Sergey Yesin, deputy head of the contractual and legal department of RAO Lyudmila Maksimova, lawyers Maria Starostina and Elena Shirokova, director of the publishing house "Khudozhestvennaya Literatura" Sergei Kolesnikov, journalist Tatyana Trubnikova.

The “council” is chaired by RG deputy editor-in-chief Yadviga Yuferova.

Russian newspaper| Before the advice of experts in Rossiyskaya Gazeta, we watched your film with great pleasure. The film is interesting. It is enough to list its actors to make it clear: this is a national treasure. In the role of Pontius Pilate - Mikhail Ulyanov, Woland - Valentin Gaft, Master - Viktor Rakov, Margarita - Anastasia Vertinskaya, Yeshua - Nikolai Burlyaev, Koroviev - Alexander Filippenko, Homeless - Sergei Garmash, Rimsky - Sergei Nikonenko, Levi Matvey - Lev Durov.. The film is controversial, but any attempt to film the “enchanted novel” is doomed to be controversial. However, the time for heated aesthetic debates has not yet come, because the time for insoluble legal disputes has dragged on.

We will ask the film's director, Yuri Karu, to outline his vision of the conflict.

Yuri Kara| It is a pity that Bulgakov had no direct heirs - he had no children. His third wife, Elena Sergeevna, had sons, one of whom, after her breakup with General Shilovsky, remained with his mother, but Bulgakov did not adopt them. So the right of the descendants of E.A.’s children Shilovsky to inherit copyright is doubtful for me. Knowing for sure that in those years, according to the law, the novel was in public use, I began working on the film. The novel had many editions, the master improved it, but, alas, did not make the final version, and the meaning of many episodes changed from version to version. For example, in the first editions regarding the burning of Moscow, Woland says: “A powerful spectacle... To some extent it reminds me of the fire of Rome.” In the published version: “What an interesting city, isn’t it?” “Sir, I like Rome better,” Azazello answers. And this has a completely different meaning. Now let's figure out when all this happened. The homeless man was born in 1917 and is 25 years old. This means that we are facing 1942, and Moscow is really burning under German bombs. You see: Bulgakov sensed the future! He clearly saw places he had never been to: let us remember the description of the desert. It even seems that Bulgakov somehow visited Pontius Pilate’s balcony. We brought many such guesses into the film. Everything in the novel has a clear cause-and-effect relationship, but in the process of reworking it, many connections were broken, and we tried to restore them. Why am I telling you about this? Mr. Shilovsky, who has claimed the rights to Bulgakov's creative heritage, demands that we follow the canonical edition. But the director always had the right to interpretation. And Mr. Shilovsky is exceeding his authority here. Moreover, the canonicity of any edition of The Master and Margarita is conditional: no one knows what the final version would have been.

RG | What's stopping you from releasing the film to the screen?

Kara | The appearance of the heirs of Bulgakov's copyright after the end of production of the film with their unprecedented demands. And I would like to look at the documents on which the certificates of inheritance of rights were issued. As far as I know, Mr. Shilovsky’s grandfather, when Elena Sergeevna left him for Mikhail Afanasyevich, even tried to shoot. I don’t know whether it fired or not, but he pulled out the gun. That is, the descendant of the man who tried to shoot Bulgakov now has the rights to his literary inheritance! But this, in my opinion, is the same as if Pushkin’s legacy was given to Dantes’ relatives.

Oleg Melik-Sarkisov| Everything comes from the imperfection of our laws. For many years we have not been able to verify that Mr. Shilovsky’s demands are legitimate. When the Synergy publishing house published The Master and Margarita, Mr. Shilovsky filed a lawsuit. But the court requested an inheritance case - and he withdrew the claim. This raises doubts: is there a hereditary matter in nature? Second: Mr. Shilovsky is the chairman of the Mikhail Bulgakov Foundation and must promote the writer's legacy. But it’s the other way around: those who want to publish Bulgakov, make a film or stage a play are faced with obstacles. Anastasia Vertinskaya said that even the president, presenting her with the order, asked: “When will we see your Margarita?”

RG | When and by whom was the film made?

Irina Mineeva| At the beginning of 1991, general producer Vladimir Skory met with Yuri Kara and bought the director's script. On February 17, 1991, an agreement was concluded. The work was to be carried out by the Yalta studio, the TAMP company and Soyuzteleradio LLC. But Soyuzteleradio refused funding, the Yalta studio did not want to take on part of the resulting shortage of funds, and production in the south was closed. Then it was decided to film the Moscow scenes in Moscow, and the Yeshua - Pilate scenes in Israel. At the beginning of 1992, an agreement was concluded with the Gorky Studio, which was supposed to be a full partner of TAMP. But she wanted to immediately receive her share of the profits that did not yet exist, and then the TAMP company took over the financing and organization of the project. Film production services were provided by the Gorky Studio, Mosfilm, Sverdlovsk Film Studio, and Classica Studio.

RG | When was the film finished?

Mineeva| It was released on two films before August 1993, that is, before the new Copyright Law. And when we started the film, the legislation of 1964 was in force, according to which copyrights for Bulgakov’s works were not protected. We proceeded from this law when starting our work. By the end of 1993, both director's cuts of the film (2-hour and 3.5-hour) existed on the same film. And then the picture becomes hostage to the economic and legal situation. The beginning of the 1990s was a terrible time for our cinema: studios stood idle, distribution was destroyed. TV gave no more than 20 thousand dollars for the right to show the film. But this is a film, the production of which Vladimir Skory subordinated his business to!

RG | But it is known that there were conflicts between the producer and the director. What were they?

Mineeva | In 1993, Yuri Kara and the producers took a 3.5-hour version to the Los Angeles Film Market. But the conditions dictated by global film distribution are strict: no more than two hours. Having arrived from the USA, the director edited a two-hour version that raised questions. We wanted to re-edit the film, but without the participation of the director. It was wrong, I admit, and we regret it. But the director immediately took drastic steps, and the conflict dragged on for several years.

RG | And when did Mr. Shilovsky present his claims as an heir?

Mineeva | He called at the end of 1994, when the film already had distribution certificates. We did not suspect its existence because, I repeat, we acted within the framework of the 1964 Law. And they did not take Mr. Shilovsky into account.

Sergey Esin| How was this not accepted if literary rights are protected by law all over the world?

Mineeva | Even at the very beginning of my work, I consulted with the Russian Society of Authors, but at that time Bulgakov’s legacy was not protected in our country and there was no information about the Shilovskys either in RAO or Roskomkino. Today no one questions that Bulgakov's legacy must be protected. But we do not consider Shilovsky and Daria Pisarchik to be the heirs of Bulgakov’s copyright. They are the heirs of the property of Elena Sergeevna Bulgakova and Evgeniy Aleksandrovich Shilovsky. But they could not inherit Bulgakov's copyright.

Yesin | If you are so sure of this, go to court. There are a lot of illegal actions and lawsuits going on in the field of copyright, and there will be even more. Newspapers use stereotypes belonging to certain authors, and borrow the names of companies and food products. But all disputes on this matter are within the competence of the court alone. I understand the moral side of the issue, and in this sense I am entirely on the side of the defenders of the national heritage. Of course, heirs sometimes forget that they are not inheriting a bag of flour, but works of art. And with their own hands they destroy the valuables they own. This is how, for example, the name of a major Soviet poet who wrote many favorite songs, Isakovsky, disappears from memory. Because the heirs surround everything with such difficulties that no one wants to deal with them anymore. But talking about the moral side of the matter is almost pointless here. Only the court can decide everything. There is a law, and the Russian Authors' Society will always be on the side of authors and honest heirs.

Lyudmila Maksimova| Representatives of the TAMP company said that for them the Shilovskys are not heirs. And I saw a document on the right to inheritance.

Elena Shirokova| Since Sergei Shilovsky was not adopted by Bulgakov, according to the law he was not a direct heir. He is the heir of his mother, Elena Sergeevna Bulgakova, who inherited the rights to Bulgakov's works as his widow. Naturally, there is no Shilovsky in Bulgakov’s will. Copyright was for 15 years, then it was extended to 25. According to the 1993 Law, its term was increased to 50 years from the date of death of the author. But by the time Mr. and Mrs. Shilovsky came to formalize their rights, the copyrights transferred to Elena Sergeevna had already expired and were not included in the estate. How he was given a certificate of inheritance of these rights is unclear.

Yesin | This is what needs to be challenged. We are all for the film to be released. And I don’t understand the position of the producers: why is the case still not in court? So much time has passed that suspicions will inevitably arise in court: it means that something is wrong here if they have waited so long.

Irina Tulubieva| I can comment on the question of how Mr. Shilovsky could inherit copyright if at the time of Elena Sergeevna’s death, Bulgakov’s copyright was not protected by law. But it was protected all over the world. Therefore, the argument that the heir could not inherit the copyright because it did not exist is baseless. Bulgakov's heirs periodically have trials - for example, when other relatives of the writer appeared as contenders. All documents were then carefully checked, but it was not possible to challenge Mr. Shilovsky’s rights. Of course, it may seem unfair that some people own a national treasure without being its creators, but this is a common thing. And if someone doubts someone's rights, he must prove otherwise. But discussing the million or two million dollars that the heirs demand is incorrect. There is freedom to conclude an agreement: if you want, you can conclude it, if you want, you can’t.

Trubnikova | But the requirements must be reasonable. And Mr. Shilovsky at one time sent a letter to TAMP, demanding amendments to the film! He had a complaint: a lot of nudity. But what to do: Bulgakov’s Margarita flew naked!

RG | Question for lawyers: are the rights of heirs limited by law? They can demand ten million dollars, twenty... Are there limits?

Maria Starostina| Indeed, in this case the law received retroactive force and the producers found themselves in a difficult situation. The works were considered national treasures, and people used them legally, after which the law said: you are no longer in your right. And the question of the boundaries of the heirs' claims is complex. For example, they have the right to protect the author’s reputation, protect the work from distortion, from using it in obscene forms, etc.

Starostina | The only way is to negotiate.

Tulubieva | Sergei Sergeevich Shilovsky knows about our meeting at RG and asked me to convey that he is ready for negotiations. The film is a huge work of the creative team, and it must see the light of day.

Sergey Kolesnikov| I'll try to take the conversation in a different direction. Recently, publications of Bulgakov's works have decreased. Many publishing houses cannot print them because they are not able to pay their heirs that kind of money. But this is a national treasure.

Yesin | This is demagoguery. You can buy Bulgakov in any bookstore. It is published.

Kolesnikov | During the ten years of my work at the Khudozhestvennaya Literatura publishing house, we did not publish Bulgakov - we could not afford to pay the heirs the fees they demanded. Previously, we published Bulgakov: no one used copyright. When the magazine "Moscow" first published "The Master and Margarita", the editors paid the writer's widow a fee for purely moral reasons. Because Elena Sergeevna did not have the rights of an heiress.

Tulubieva | But then the law determined that she was an heir.

Mineeva | In 1996, we tried to come to an agreement with Mr. Shilovsky, without delving into his pedigree. They tried to convince him to admit that the film was made when the Copyright Act was not in effect.

Yesin | If the film was created before August 3, 1993, go ahead and release it. But if it suddenly turns out that it was completed after August 3, you will have problems.

RG | How many years must pass before the film can be released without the intervention of the heirs?

A family affair.

A comment

heir

Sergey Shilovsky| M.A. Bulgakov died in 1940 without leaving a will, and the demands of my opponents to show the will are therefore impossible. According to the law, his heirs could be his widow, children or parents. Bulgakov had no children, and his parents died, and his wife Elena Sergeevna became the heir to the property, including copyright. She had two sons. The eldest died during her lifetime, leaving the youngest, Sergei, my father. By the way, he lived in Bulgakov’s house and was adopted by him. After the death of Elena Sergeevna, the daughter of her eldest son and my father became the heirs. After his death, a certificate of inheritance was issued to me; it is dated 1978.

Before the adoption of the Law “On Copyright and Related Rights” in 1993, the generally accepted terms of copyright in Russia were suspended. In 1992-1995. Russia changed legislation, signed the Berne Convention and accepted international obligations under which copyright extended for 50 years after first publication if it occurred after the death of the author. Last year the period was extended by another 20 years.

Today, the heirs of the rights to Bulgakov’s work are Daria Shilovskaya (Pisarchik) - my niece through Elena Sergeevna’s eldest son, and I through her youngest son. For those who have doubts, I can answer this way. In the territory of the former USSR, approximately 50 publishing houses publish Bulgakov, among them EKSMO and AST. In terms of the number of publications, Bulgakov's works are in first place today. Over the past few years, three complete works have been published in Russia alone. Bulgakov's books have been published in all countries, not to mention theatrical productions, of which there are more than 60 in Russia alone. And each book has a copyright: M.A. Bulgakov is the heir. That is, publishing houses and theaters around the world recognize us as heirs. We are members of the Russian Authors' Society and a number of European copyright organizations, including the International Confederation of Societies of Authors and Composers, and none of the countries, without the permission of the heirs, will dare to publish or stage a work protected by the Copyright Law. The most recent example is the television series "The Master and Margarita", filmed on the basis of a concluded agreement.

Therefore, the statement of the director of the publishing house “Khudozhestvennaya Literatura” that someone is preventing the publication of Bulgakov sounds strange. In any bookstore you will find at least twenty such publications. When concluding contracts, the agreements specify the percentage of deductions from the wholesale price of the circulation, which is approximately the same for all publishing houses. As for “Fiction,” this publishing house has indeed not published Bulgakov’s works over the past ten years, but this is the result of his creative policy, and not the machinations of his heirs. I have not had a single contact with him over the years, so these accusations are unfounded.

RG | What is preventing the release of Yuri Kara's film?

Shilovsky | This is a question I have been asking myself for several years now and have not found an answer to. Personally, I did not contact either Mr. Kara or the producer Mr. Skory. But Mr. Kara probably forgot that when he began to have legal proceedings with the producers in 1994-1995, he called and asked if Bulgakov’s heirs could appear in court on his side. We refused him - we believed that the parties to the conflict should sort it out among themselves. The TAMP company, which is the producer and sole owner of the film, approached me in 1997. They showed me the film, which surprised me, because from press reports about the progress of the trial between the director and the producer, I knew that the film had disappeared. They explained to me that the film required re-editing and that they were looking for an investor. It was during that period that I signed an exclusive agreement with an American studio to shoot a film based on The Master and Margarita. I promised the people from TAMP that as soon as they were able to finalize their film, I would make every effort to come to an agreement with the Americans and not interfere with its release on screens in Russia.

RG | Who in America was going to direct the film?

Shilovsky | Almost all Hollywood stars have expressed a desire to participate in this project, from Spielberg to Dustin Hoffman and Al Pacino. But the project stalled: the studio could not raise enough money to pay these stars. And in 1999, the contract concluded with her expired and negotiations began with Most-Video - Vladimir Bortko was then planning to make his own series with NTV. Neither Mr. Kara nor Mr. Skory appeared and contacted me only on August 14, 2002, sending a draft agreement under which we, Bulgakov’s heirs, were to give the TAMP company permission to release the film. The word “heirs” was written there in black and white, i.e. Then they recognized us as heirs. The next day I sent them a letter, where I set the conditions that I always set: to submit for consideration by the copyright holder the final versions of the script and film, which should not contain eroticism or scenes not included in the work. This is a normal requirement: the task of the heirs of copyright is precisely to protect the text from distortions and additions. But I did not receive a response to this letter. But the press began to interview Mr. Kara with very unpleasant statements addressed to me.

In the meantime, we have entered into an agreement with the Rossiya channel and the Central Partnership company on the production of the television film The Master and Margarita, which in itself confirms that it is quite possible to reach an agreement with us. Mr. Kara and TAMP realized that with the release of the TV movie, the commercial value of their film would decrease. I want to emphasize that many of the acting works in Kara’s film are much stronger than in Bortko’s film. But it became clear that the fate of the film was sagging, because the producers of the TV movie, naturally, put forward conditions regarding their exclusive terms. Then my opponents questioned our rights as heirs and began to demand demonstration of a non-existent will.

In 2004, a trial was held to invalidate our rights. It is not difficult to guess who initiated it. The plaintiffs were two of Bulgakov’s nieces. At the same time, they did not hide the fact that they did not intend to sue - they were convinced to do so. All the necessary documents were raised in court, and the plaintiffs were forced to withdraw the claim - with such obviousness our rights were confirmed.

RG | What is now stopping the film from being released?

Shilovsky | There is no agreement between the heirs and the producers of the film: I did not receive a response to my 2002 letter, and the draft agreement remained a draft. But let's also think about whether the film can be released on screen in this form? Its sound and film quality do not meet modern standards, the film requires re-editing. To release it, you need to invest a lot of money. When the film was shown at the Moscow Film Festival without our permission, we did not raise a scandal - we thought maybe this would provide an opportunity to attract an investor. Alas, this did not happen.

RG | Isn't it possible to show the film in its original form? Like a historical artifact.

Shilovsky | Let's say. I even know people who are not only ready to release the film on the screen, but also to pay for it. But TAMP is not happy with that kind of money. So the problem is not with the heirs. If TAMP believes that we are incompetent, then why was the film not released? Let them release. But they understand that then they will have to explain not only to the heirs, but also to those to whom the film rights were transferred: to the Rossiya channel and Central Partnership. And apparently, I don’t want to explain myself to professionals of this level. Although I am ready to take on these questions myself.

RG | So what is it, a dead end?

Shilovsky | Although my opponents do not arouse my sympathy due to their disrespectful attitude towards me and my relatives, I understand that in terms of the acting, the film is very good, if not good. Therefore, I am ready to sign an agreement on acceptable terms. But I can talk to people who will actually be involved in releasing the film. Because the team of Messrs. Skory and Kara have done nothing in this direction for so many years, although every year the film loses its financial and aesthetic appeal. Taking this opportunity, I would like to inform my opponents that I have proposals for the production of a new full-length film “The Master and Margarita” in Russia, and if Yuri Kara’s film is not released in 2007, I, unfortunately, will no longer be able to help them, since I will is bound by corresponding exclusive obligations.

RG | The filmmakers claim that they finished it in 1993, before the Copyright Law came into effect, and the law is not retroactive.

Shilovsky | There is a rental certificate: it is dated 1994.

Conclusion

Time passes, the film is getting old, some of its participants have passed away. The picture may also perish without ever seeing the screen: there is a danger that tomorrow this preserved cultural property will be of interest only to film historians. But the film has unique acting work, tens of millions of people would watch it with interest, it may still have a happy distribution fate. Therefore, from the pages of RG we turn to both Vladimir Skory and Sergei Shilovsky with an offer to sit down at the negotiating table in order to give a wonderful gift to both ourselves and our compatriots.

GOLDEN CALF: As you begin the story described below, you involuntarily recall an episode from a popular novel. A citizen in a cap with a white top and with a small obstetric bag in his hand knocked on the door of a certain executive office. - For what reason? – his secretary asked. “It’s personal,” the citizen said dryly and, approaching the office owner’s desk, asked: “You don’t recognize me?” The owner of the office absentmindedly stated that he did not recognize. Let us omit the scene described by Ilf and Petrov, during which the visitor tried to convince the owner of the desk how amazingly he, the visitor, looked like the Black Sea revolutionary Lieutenant Schmidt. The conversation of our heroes went in different tones and about something else.

SON OF LIEUTENANT BULGAKOV: I can even imagine what they were talking about - the director of a large publishing house (or, perhaps, the director of a famous theater) and a visitor who identified himself as the heir of the greatest Russian classic. Of course, about fees. About those that publishing houses and theaters are obliged to pay to the heir of Mikhail Afanasyevich Bulgakov. The director apparently asked, trying to be extremely polite: “On what basis, excuse me?” The guest smiled offendedly and put on the table a fairly crumpled copy of the certificate of the right to inheritance according to the law, issued to him on April 15, 1994 by the then private notary of Moscow E.N. Andryukhina. From this authoritative document, the director had to conclude that Sergei Sergeevich Shilovsky, sitting in front of him, is the heir of the mentioned classic.

INACCURACIES IN THE DOCUMENTS: The first thing that caught the director’s eye was the absence in the document of the names of works belonging to Bulgakov, for the publication of which he, the director, must pay royalties to Shilovsky. Somebody, but the director knew that when certifying such certificates, the notary is obliged to carefully check the composition of the inheritance to which the heir is claiming, in order to indicate exactly which works should be allowed to the copyright holders to collect coupons in the future. Since there was no such list in the copy of the notarial certificate, the director also politely asked to show him the original of the notarial document. The offended smile on Shilovsky’s face gave way to a sarcastic one: “I didn’t come to you for the first time and, I hope, not for the last. And I have never encountered mistrust anywhere.” “My demand is not a whim,” this time the director took offense. – Bulgakov’s legacy is a national treasure. Everything here must be strictly according to the law. And what’s the problem with showing the original notarial certificate?

NO ORIGINAL: This conversation took place ten years ago. There was a court that also demanded to see the original certificate. But I didn’t receive it either. There were other conflicts as well.

HEIRS?: He had the most heated argument with the producer of the first Russian film based on the novel “The Master and Margarita,” shot in the same 1994. The film was shown only... 13 years later, during the 2006 Moscow International Film Festival. The hall was full. Interest was fueled by the fact that such a long ban on him was imposed not by the terrible Goskino, then already disbanded, but by the same Shilovsky with his niece Daria Pisarchik, who joined him as another heiress of M.A. Bulgakov.

FILM BAN: The ban was surrounded by a palisade of conditions, which could be settled, as Larisa Dolina sings, with the help of an umbrella. The producer did not agree with one requirement - if the Shilovskys’ conditions were not accepted, he would be charged a significant penalty, as well as a fine of 0.5 percent for each day of late payment. “It wasn’t the threat of financial sanctions that outraged me,” explains the producer. – Moreover, we started filming in 1992, when the novel “The Master and Margarita” was unquestioningly considered as public property and there was no talk of any heirs.

ACTORS: Shilovsky's ban rudely negated the enormous creative work of director Yuri Kara and the actors involved in the film: Yeshua was represented by Nikolai Burlyaev, Pilate - Mikhail Ulyanov, Woland - Valentin Gaft, The Master - Viktor Rakov, Margarita - Anastasia Vertinskaya, Levi Matvey - Lev Durov, Korovieva - Alexander Filippenko. The music was written by the great Schnittke.

MELIKYANTS: Nevertheless, I (The story is told on behalf of Georgy Melikyants - head of the information department, propaganda department, literature and art department of the Izvestia newspaper. Special correspondent, executive secretary of Izvestia.) was ready to consider the claims of the newly-minted heirs. Of course, upon presentation of the relevant documents. But I didn’t expect any.

DISPUTED RIGHTS: In May 2004, Melikyants appeared in Literaturnaya Gazeta with the article “New Adventures of the Master and Margarita.” He spoke about the doubts of many publishers and theater workers regarding the legality of S.S.’s rights. Shilovsky and D.V. Writer on Bulgakov's legacy. Frankly, I was almost expecting a summons to court. But it worked out. Why? I think that with the documents Shilovsky had, it was pointless to go to court. S.S. Shilovsky, the grandson of Bulgakov’s adored third wife Elena Sergeevna, is just the heir of his father, and not of Mikhail Afanasyevich. As for D.V. Pisarchik, then she is just the great-granddaughter of Elena Sergeevna. According to the law, even having copyrights to a number of Bulgakov’s works, they are Bulgakov’s heirs only to the extent that Ostap Bender was the son of Lieutenant Schmidt.

WILL: It is known that literally in the last days of his life, Mikhail Afanasyevich executed a will in the name of Elena Sergeevna. But then Bulgakov was published and staged shamelessly little, and the validity period of copyright under the legislation in force at that time, namely the Fundamentals of Copyright Law of 1928, which is followed by today's judicial practice, was only 15 years.

EXPIRED: So the publication of the novel “The Master and Margarita” in 1968 was carried out outside the scope of copyright, the work was at that moment in the public domain. Its publication did not entail the emergence of E.S. Shilovskaya rights to this work according to the legislation in force at that time. And even more so - Sergei Sergeevich has the right to ban the screening of a film. A few years later, Elena Sergeevna no longer had the rights to many of her husband’s works, especially unpublished ones. Her grandson tells everywhere that he and his niece will inherit their grandmother and great-grandmother. Is it possible to inherit rights that the grantor no longer has?

BULGAKOV’S SON: And it’s absolutely ugly that Sergei Sergeevich, at every opportunity, claims that his father, Sergei Evgenievich, was adopted by Bulgakov. There was no such thing. Such a fact would have become known at least in the Bulgakov family, but none of their relatives mention it. But it makes a powerful impression on others!

SECOND EVIDENCE: The basis for his claims S.S. Shilovsky considers the very certificate of the right to inheritance according to the law, issued by the notary E.N. Andryukhina on April 15, 1994, the first and second copies of which have never been seen before. In 1998, the Shilovskys received another “irrefutable” proof of their rights to Bulgakov’s money. Notary of the 36th Moscow State Notary Office N.I. Ilyinskaya issues Elena Sergeevna’s great-granddaughter Daria a “Certificate of the right to inheritance by law” (as stated in the title of the document). And a completely new plot appears in it: a listing of Bulgakov’s creative works, constituting one-half of his copyright for the “following works” (30 plays, stories, diaries, opera librettos and other works are called). With an exact indication of the dates of their release from the pen of the author or their publication. True, in all subsequent copies in Shilovsky’s hands, these dates, capable of explaining the inexplicable, disappeared without a trace. Thus, with the innocence of an illusionist, Shilovsky gives the list, which includes almost all of Bulgakov’s work, the property of a “hereditary inventory.” The only basis for the appearance of this mysterious list was a certificate from the head of the Department of Documentation and Distribution of Royalties of the Russian Authors' Society V.I. Ivanova, confirming no more than the fact that Bulgakov’s fees were paid by the Shilovskys, but not their rights to his inheritance.

MONEY TO SHILOVSKY: And Ivanova’s list of accounts in the accounting departments of Russian cultural institutions went for a walk. And what’s interesting is that documents of such destructive power have struck down more than one publishing house and theater director for many years. And Bulgakov’s money flowed into the pockets of the Shilovskys, into various subsidiaries, the president of which was invariably Sergei Sergeevich.

NOT CONSIDERED IN THE THEATER: Our story would be incomplete without mentioning that copyright specialist Irina Tulubieva also actively participated in the controversy surrounding Bulgakov’s legacy that broke out in the 90s of the last century. In the newspaper “Book Review” No. 20, May 22, 1999, she emphasized that not every use of a work can be considered its publication. For example, in her opinion, a public performance of a play in a theater will not be considered as publication. As an example, she cites the play “Zoyka’s Apartment,” staged by the Vakhtangov Theater in 1926. However, according to Tulubieva, its release was carried out only in 1982, when it was published. The same, according to Tulubieva, applies to Bulgakov’s plays “Days of the Turbins” and “Running”. As for Tulubieva’s position regarding the play “Zoyka’s Apartment”, according to the then “Fundamentals of Copyright”, according to Art. 14, “...in relation to the calculation of deadlines, the following are equated to publication: public presentation of a dramatic and musical-dramatic work...”. If Bulgakov's play was staged, then it was released at the same time. Tulubieva’s interpretation of the law, with all due respect to a highly qualified lawyer, is a bitter misconception.

Wandering AUTHOR'S TIME: I. Tulubieva even denies public domain status to Bulgakov's most popular work "The Master and Margarita", the most frequently published or staged work. At the same time, she does not take into account that Elena Sergeevna acted during the publication of this novel no longer as the heiress of her husband, but as a publisher, having received the corresponding amount under the contract for transferring the manuscript to print. The Civil Code of the RSFSR of 1964 also did not provide for any special duration of copyright in relation to works that were not published during the author’s lifetime. In 1973, in connection with the accession of the USSR to the Universal Copyright Convention, changes were made to the Civil Code of the RSFSR. In particular, the term of copyright protection has been increased to 25 years. However, this period was introduced without retroactive effect, so this change did not play any role for Bulgakov’s literary heritage. Finally, the 50-year term of protection was introduced by the 1993 Law of the Russian Federation “On Copyright and Related Rights” with retroactive effect, provided that the 50-year term of copyright should not have expired by January 1, 1993. However, to M.A. This has nothing to do with Bulgakov, since he died in 1940 and, therefore, the 50 years established by law expired by January 1, 1991.

BULGAKOV'S SERVANTS: And a few more words about “The Master and Margarita,” from which the Shilovskys cut off a lot of coupons. Its publication was the result of the dedication of such remarkable figures of national culture as writers K. Simonov and E. Popovkin, Professor A. Vulis, the then director of the publishing house “Khudozhestvennaya Literatura” V. Kosolapov, the first editor of the novel Diana Tevekelyan and many others.

ELENA SERGEEVNA: The writer had no children. Parents died. In the 60s, when the attitude towards Mikhail Afanasyevich, thank God, began to change and his works made their way through the firmament of censorship, his deeply beloved third wife Elena Sergeevna, despite the fact that she no longer had inheritance rights, was paid worthy payments by special decisions of the state at that time, rewards for manuscripts submitted for printing. And she also took it with dignity, calmly, rightly believing that the law is the law.

MELIKYANTS' APPEAL: By the way, the 1993 Copyright Law states that violation of copyright entails civil, criminal and administrative liability. In particular, it is possible to fine violators and recover income from them to compensate for losses, including lost profits, by directing these funds to the appropriate budgets. This is not about cutting the incomes of Messrs. Shilovsky and Pisarchik, but exclusively about justice in relation to M.A. Bulgakov. How to restore it is a matter of inquiry, the prosecutor’s office, and the court. Therefore, I ask you to consider this article as an appeal to them. I think that then finally Bulgakov’s money will work for Bulgakov, and the long-awaited monuments to Bulgakov will appear in Moscow and Russia. Memorial “Bulgakov places” will be identified where we can come to worship one of the great writers of the Russian land. Information from an article published before 2007.

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With the participation of the grandson of Bulgakov’s wife Elena Sergeevna, an exhibition dedicated to the relationship of the writer with Stalin was opened at the One Street Museum in Kiev

Mikhail Bulgakov, the author of the popular works “The Master and Margarita”, “Heart of a Dog”, “Days of the Turbins”, did not have his own children, but there are heirs. One of them - 52-year-old Sergei Shilovsky, the grandson of Bulgakov's last wife Elena Sergeevna, who became the prototype of Margarita - brought almost all of Bulgakov's remaining items for display in Kyiv. They were exhibited for only one day at the exhibition “Romancing the Devil. Bulgakov and Stalin”, which opened last Friday at the One Street Museum. The exhibition will run until December.

“Bulgakov’s works did not make me a millionaire”

Journalists began to gather at the One Street Museum an hour before the opening of the exhibition to ask questions to the Moscow guest, the owner of the rights to publish Bulgakov’s works, Sergei Shilovsky.

My grandmother Elena Sergeevna was Bulgakov’s wife for eight years, until the writer’s death in 1940,” says Sergei Shilovsky. — Because of her love for Bulgakov, Elena Sergeevna divorced my grandfather, by the way, a high-ranking and wealthy man - he was a general in the Red Army (how can one not recall Margarita’s escape from her husband, a major Soviet official. - Author). The children were divided after the divorce. The eldest son - he is my uncle - stayed with his father, who then married the daughter of Alexei Tolstoy. My dad lived with Elena Sergeevna and Bulgakov. That’s why I became the owner of the rights to the works of Mikhail Afanasyevich. More precisely, there are now two owners - me and my niece.

Publishers continue to actively publish Bulgakov. Are the fees enough to ensure that you don’t deny yourself anything?

You are absolutely right about “actively publishing”: over the past two years, two complete works have been published, another one is being prepared, and how many separate editions of novels and plays are appearing! However, this did not make me a millionaire. Although I, like any other person, am not averse to becoming rich. The catch is in the amounts of royalties: a popular author can be paid a lot or even a lot, but the owner of the rights to the work is owed very modest amounts. The fee for foreign editions of Bulgakov is much higher than in Russia, but after taxes, there is still little money left.

Nowadays, dozens of writers are writing sequels to the novel “The Master and Margarita” (including in the genres of detective, thriller, and science fiction) and sending them to me. I have no right to prohibit the publication of these texts. It’s another matter when something is written into Bulgakov’s works. Let's say one famous playwright prepared the text of Bulgakov's play for production, adding parts of his own composition. An equally famous director recently called me: “I want to direct a film that has nothing in common with The Master and Margarita. I ask why he is telling me about this. It turns out that all the characters in the film project are taken from The Master and Margarita. It is clear that I cannot give consent to such liberties.

Did your grandmother tell you about how she had an affair with Bulgakov, how the relationship developed?

These are intimate topics that should not be discussed. I will only say that Elena Sergeevna believed that she continued to communicate with Mikhail Afanasyevich even after his death - in a dream. She often talked about “meetings”, not at all embarrassed that they were just dreams. One case was described by the famous Bulgakov scholar Yanovskaya. When she told Elena Sergeevna that the novel “The White Guard”, in her opinion, was not completed, my grandmother replied matter-of-factly: “I also wanted to ask Misha about this. I’ll definitely do it today.”

People who didn’t know her might think that the old woman was simply out of her mind. However, I can assure you: even in her old age she retained her sound mind, excellent memory and cheerful disposition. For example, she knew “The Master and Margarita” by heart. When the first edition of the novel was being prepared in the Moscow magazine in 1966, my grandmother caught a bad cold. November came, but the heating still wasn’t turned on. Elena Sergeevna was lying under two blankets with a high temperature when the proofs were brought to us for proofreading. I remember they were wet from the rain. I read the text aloud, and my grandmother, from memory, caught typos and deletions made by the censor (there were more than 50 pages of them). We were in a hurry, so we worked not only during the day, but also for two and a half nights in a row. I am proud that I, a 14-year-old boy, had the opportunity to help my grandmother edit the first edition of The Master and Margarita.

It was allowed to be published in Moscow; this magazine had not yet managed to win a wide audience. But when it began publishing Bulgakov’s novel, the circulation jumped tenfold. The most interesting thing is that someone took out the full text from the editorial office, without cuts, and copies of samizdat were circulating around Belokamennaya - issues of the magazine “Moscow” with pieces pasted into the text of “The Master and Margarita” that were crossed out by the censor. The first official edition of this novel without cuts was published by the Khudozhestvennaya Literatura publishing house only in 1972.

“Bulgakov died in the arms of my grandmother”

And the first complete collection of Bulgakov’s works was prepared by Tyupa, excuse me, my grandmother. That's what her close people called her, including me. How grandma got this nickname and what it means - no one knows. It was fashionable for her generation to give each other humorous names. So, in the late 1950s, my grandmother typed out all the texts of Bulgakov’s works, sewed them together, and the result was a complete collection of works.

Elena Sergeevna was Bulgakov’s typist - she typed out handwritten “doodles”. And when Mikhail Afanasyevich began to lose his sight, he typed from dictation. Having fallen ill, Bulgakov, as a professional doctor, knew that his condition would soon deteriorate greatly and he would have to go to the hospital. He didn’t want this and made his wife promise that she would not give in to the doctors’ persuasion - he must die in his bed in the arms of Elena Sergeevna. She kept her word to her husband.

I have a typewritten collection of Bulgakov’s works, and today I am exhibiting it at the One Street Museum. I also brought several photographs with inscriptions made by Bulgakov, his personal belongings, and a book published in 1925, which published Bulgakov’s “Diaboliad” and “Fatal Eggs.” By the way, an amazing, almost mystical story happened with this book. It was stolen - this was during Elena Sergeevna's life - from one of the exhibitions. The rare edition seemed lost forever, but three years later the doorbell rang. A man stood on the threshold, declaring that he had stolen the “Diaboliada” and wanted to return it to its owner.

There are always some dark stories happening around Mikhail Afanasyevich - either all attempts to stage a film based on “The Master and Margarita” fail, or it was not possible to erect a monument to Bulgakov on the Patriarch’s Ponds

In Russia there is still not a single monument to Bulgakov, not a single street named after him. They tried to erect a monument on the Patriarch's Street (remember, the first episode of the novel "The Master and Margarita" takes place there) on the initiative of the Bulgakov Foundation, which I head. With the support of Moscow Mayor Yuri Luzhkov, the necessary money was allocated. A creative competition was held (the commission was headed by Zurab Tsereteli). The victory was won by the famous sculptor Rumyantsev, who created the monument to Yuri Nikulin, which now stands near the circus. At the Patriarch's it was planned to install a composition: Bulgakov sitting on a bench. But it had to happen that just at this time the authorities started a major reconstruction of the Patriarchal Palace and decided to build an entire Bulgakov complex: a 15-meter can, a fountain, on the water surface of which Christ was supposed to walk Rumors spread that the residents of the first two floors in the nearby houses will be resettled outside of Moscow, and cafes and restaurants will be located in the place of their apartments. The more absurd the rumor, the more people believe it. The residents stood in a living ring around the Patriarch's, holding hands (and at night too), not allowing the bulldozers to pass. And Orthodox believers wrote to various authorities: “The monument to Satan does not allow the workers of the region to live in peace.” So there will be no monument at the Patriarch's. The option of installing it on the Sparrow Hills, from where Woland and his retinue left Moscow, is being considered.

Did you grow up in the apartment where Bulgakov lived?

No, that house on Shchepkinsky Lane was demolished a long time ago. But in Moscow there are two more apartments where Mikhail Afanasyevich lived, and in one of them - on Bolshaya Pirogovka, 35 - we want to organize his museum. But we refused an apartment in a building on Bolshaya Sadovaya for the reason that it is described in “The Master and Margarita” as “bad.”

The current exhibition is dedicated to the relationship between Stalin and Bulgakov. Did Elena Sergeevna tell you how the writer treated the leader?

With utmost respect. It’s not for nothing that Bulgakov wrote the play “Batum” about the young revolutionary Kobe. And even when the campaign to expose Stalin’s personality cult began, my grandmother said that time would pass and the attitude towards Joseph Vissarionovich would change for the better.

It is widely known that Stalin regularly went to the theater to watch “Days of the Turbins,” and when Bulgakov found himself in disgrace—the plays were no longer staged, his works were not published, and the writer remained unemployed—the leader called Mikhail Afanasyevich, who asked the government to let him go abroad. After the call, the situation changed dramatically, although only for a year and a half. Then the fall continued. It seemed that Stalin had forgotten about his favorite writer. And it turned out that just the next day after the writer’s death in 1940, the Kremlin called to find out how Mikhail Afanasyevich was living. I think that thanks to Stalin, it was then possible to bury Bulgakov at the “elite” Novodevichy cemetery. My grandmother is also buried next to Bulgakov. I take care of their graves. According to the tradition established by Elena Sergeevna, I plant begonias there.

Some strange theme of the institute of Jewish wives of the 20-30s. of the last century emerges:

Sifting through the essence, what do we learn from the daughter-in-law’s memoirs? And the fact that E.S. Nurenberg-Neyolova-Shilovskaya-Bulgakova divorced her son Evgeniy. Well done! - what can I say. Not only M.S. Bulgakov, but also A.A. Akhmatova, who during evacuation in Tashkent lived at the same address as Margarita: 54 Zhukovsky St., guessed about her abilities.
Mistress

E.S. The battle

There's a witch in this room
There was one before me:
Her shadow is still visible
On the eve of the full moon,
Her shadow still stands
At the high threshold
Both evasive and strict
She looks at me.
I'm not one of those myself
Who is subject to the spell of strangers,
I myself... but, however, for nothing
I don't give away my secrets.

Yes, we know your secrets with F. Ranevskaya and N. Mandelstam. That's not what this is about. About the technology of witchcraft. Like this? So that we could have everything, and we wouldn’t have to pay anything for it.

At first I thought: the separation of sons after divorce is a quirk. Figurines! What happened next? General E.A. Shilovsky, after all these sleights of hand, Yezhovism, black pistols under the pillow and freedom of sex, became hypertensive and died in 1952, buried at the Novodevichy cemetery in Moscow. His eldest son, Evgeniy, having tasted the full moon witches, also became hypertensive and died in 1957 in Leningrad under strange circumstances. Having met his mother Margarita at the Moscow station, he went with her to the Astoria restaurant, where he died of a heart attack, apparently making a toast to the ladies present. He was buried at the Novodevichy cemetery.

An ointment for immortality has not yet been invented; the main character dies in 1970. Margarita’s youngest son, S.E. Shilovsky, died on January 19, 1977 and was buried in Moscow at the Vagankovsky cemetery. What the hell? And after death the brothers did not unite?

And then I receive a letter from one professor. "How? - he writes. - You didn’t know that Sergei is the son of M.N. Tukhachevsky? Well-wishers from the Central Committee informed him about this, and he died of a heart attack near the House of Books on Arbat.”


If it were not for the awards, one would think that it was S.E. Shilovsky.

He was born in 1926. It remains to find out where and under what circumstances E.S. Nurenberg-Neyolova-Shilovskaya met with M.N. Tukhachevsky in 1925. Of course, the people holding the candle will not be found, but the boy Seryozha looks painfully like a failed marshal . And the subsequent motivation for the separation of the Shilovsky brothers by their mother appears.

On March 2, the Russian Song Theater in Moscow will present the musical “The Master and Margarita” based on the novel of the same name by Mikhail Bulgakov. The music was written by six authors: Anton Tanonov, Olga Tomaz, Sergey Rubalsky, Irina Dolgova, Oleg Popkov and Alexander Maev. Six people also worked on the libretto for the production, including the writer’s grandson, President of the Bulgakov Foundation Sergei Shilovsky-Bulgakov. The writer’s heir told the Izvestia correspondent about the secrets of the mystical novel.

- They say that not everything in this musical suited you.

My task as an heir is to popularize Bulgakov’s work and bring the main outline of his works to the audience. I almost constantly read various dramatizations, because the play “The Master and Margarita” is now being performed in 40 theaters. Every director tries to convey his own vision. I never make adjustments to someone else’s interpretation, but I have an iron rule: no ad-libbing. Many, unfortunately, believe that they have to add something on their own, change something.

The musical has several lines that do not contradict the main idea of ​​the novel, but are absent from it: for example, the love story of Gella and Woland.

But I never object - I only suggest. As a rule, the whole team discusses possible changes.

Moscow, for example, will see a new version of the musical: the beginning and some scenes have been redone. And, of course, there will be new artists - Anastasia Makeeva and Gleb Matveychuk.

With all due respect to the St. Petersburg audience, the Moscow scene is something completely different. Here, unlike the Northern capital, almost every theater has its own musical. The capital's public is spoiled; it has seen and knows a lot. St. Petersburg has been sold out for six months now, but here, it seems to me, there won’t be any at first. The Moscow viewer should take a closer look.

- How long will he look closely?

I think at least a few months. If we discard imported musicals, such as “The Phantom of the Opera” or “Beauty and the Beast,” then we look up to the Operetta Theater. We hope to compete with him.

- The musical is considered a frivolous genre. Would Mikhail Bulgakov approve of this version of The Master and Margarita?

Hard to say. Of course, “The Master and Margarita” is a serious work, and, in my opinion, not even a single film adaptation is done as it should be. On the other hand, the musical is a genre that is popular among young people. It’s no secret that interest in literature among this generation has fallen. If after the musical the audience wants to read a book, then our main task has been completed. However, Bulgakov, despite all kinds of oppression, is recognized as the most read writer of the twentieth century.

- Harassment?

Yes. Although Bulgakov’s aphorisms are heard in our speech almost every day, there is still no monument to him in Moscow. We have been dealing with this issue for a long time, there was a government decree, the monument itself by Alexander Rukavishnikov has already been cast, but we cannot erect it due to bureaucratic delays. Rukavishnikov’s project implied a whole sculptural ensemble: a bench on which Bulgakov sits, a fountain with Yeshua, statues of heroes, a primus stove, a car. It was impossible to locate all this on the Patriarch's Ponds. The project coincided with the drainage of the Patriarch's Ponds, and residents decided that the complex would almost replace the ponds. There were many complaints, and the project was closed.

Now we are only fighting for the bench, but this is not working yet. There is neither a street nor a metro station in Moscow in his honor. But there is Lermontovskaya and Lermontovsky Avenue! It's unexplainable. Bulgakov was disliked by the authorities at all times. What I didn’t like now, I don’t know.

- But there is a museum.

Even two. One is in apartment No. 50, the other is on the first floor of the same building. The private museum has good attendance, excursions, and performances. But in the state museum, to which huge amounts of money are allocated, nothing happens. I would, of course, like to unite the two museums. But for now these are just dreams.

- Let's go back to The Master and Margarita. You said you didn't like any of the adaptations?

Unfortunately yes. As for Yuri Kara's film, in my opinion, he is simply not a very talented director, although he has good actors. Kara has some kind of complex: he loves the naked figure and in “The Master” he went so wild that it simply became indecent.

If we talk about the film by Vladimir Bortko, then it does not have such actors as Gaft, Ulyanov. He contributed a lot of his own, which really spoiled the film.

We are currently negotiating with Hollywood. There is a competitive struggle between two major Hollywood film studios. I don’t care which one wins: both are an opportunity to attract good actors and a big budget. I have no doubt that they will be able to perfectly film the biblical line and the theme of love. But it will be very difficult to make Moscow in the 1930s.

- Who would you like to see in the role of Margarita?

We used to think about Natalie Portman, about a young Catherine Zeta-Jones. They wanted to invite Al Pacino or Jack Nicholson to play the role of Woland. But time is running out, so we’ll think about it after signing the contract.

- They say that Margarita had a real prototype - your grandmother, Elena Sergeevna Bulgakova.

This is true. My grandmother lived with Mikhail Afanasyevich for only eight years. As you know, Bulgakov did not have children, but he adopted my father, who was 7–8 years old at that time. Then Elena Sergeevna became the heir to all rights. She helped Mikhail Afanasyevich in everything, edited the texts with him, and knew “The Master and Margarita” by heart. Their love and devotion to each other ultimately became the basis of the romantic line of “The Master”. Elena Sergeevna was a fantastically smart, beautiful woman. When Bulgakov was dying, he called her to him and said: “I want them to know, to remember.” She gave him her word - and kept it, although it took 20 years! What she had to go through! She was even ready to become a witch ( laughs).

At first I rushed into the breach and tried to sue, but then I realized that it was useless. We have few judges competent in copyright issues, few people want to deal with this at all, and cases abroad take 3-4 years to be considered.

- So everyone can distort them as they want?

I don't want to believe it.

You can live on any money. But if Mikhail Afanasyevich had been alive, the amounts would have been much larger. The author receives some money, and the heir - others. The amount of royalties for books does not exceed 5–6%, and circulations are small. And there are two heirs - on the side of my older brother I have a niece. So if you divide the amount between two people and subtract taxes, it turns out to be quite a bit.

- Do you have to deal with piracy?

I no longer try to look for the guilty, because I clearly know one thing: everyone who touches Bulgakov with dirty hands will absolutely be punished. Sooner or later retribution will come to them. For example, why didn’t Kara’s films appear on screens for so long? Not everything was clean there either.

I first realized this back in 1966, when I lived with my grandmother. One day she got sick, and wet proofs of “The Master and Margarita” were brought to our house, which had to be edited and quickly sent to print. So she lay there with a high fever, and I read to her - that’s how we edited the text.

During this reading, I asked her - what is this novel about? She said: “You will grow up and understand, but for now I’ll just explain. A novel about good and evil. That evil will always be punished, and good will win.” An absolutely childish explanation, but over time I realized that this was really true. All the people who wanted to make money from Bulgakov in some dishonest way were punished.

- Do you still have the writer’s archive?

After Elena Sergeevna’s death, my father donated almost everything to the Lenin Library. I only have a small collection of works left that my grandmother printed. This table is Bulgakov's. There are several more books that Mikhail Afanasyevich dedicated to his grandmother and signed. I gave a lot to the Chekhov Moscow Art Theater Museum - a portrait, a magnifying glass, glasses.

- Now do you still feel like Bulgakov’s grandson?

When I was little, my grandmother always wrote down my double surname. And I always emphasize that I am the grandson of Elena Sergeevna Bulgakova. I am the successor of their work, and, of course, Mikhail Afanasyevich has become a dear person to me.

- So you are Margarita’s grandson?

Yes, that's right.