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CHAPTER 70 COPYRIGHT

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Russian Civil Code 4 part

CHAPTER 70. COPYRIGHT

 

Article 1255. Copyright

1. Intellectual rights in works of science, literature, and art are considered as copyright rights.

2. The following rights belong to the author of a work:

1) the exclusive right in the work;

2) authorship right;

3) the right of the author in his name;

4) inviolability of the work;

5) the right to make the work public.

3. In cases provided by the present Code, other rights belong to the author of the work along with the rights indicated in Paragraph 2 of the present Article, including the right to demand remuneration for the use of an employee’s work, withdrawal right, droit de suite, and the right of access to works of art.

Article 1256. Validity of the Exclusive Right in Works of Science, Literature, and Art within the Territory of the Russian Federation

1. The exclusive right in works of science, literature, and art shall extend:

1) to works made public within the territory of the Russian Federation or not made public but existing in some objective form within the territory of the Russian Federation and shall be recognized for authors (or their legal successors) regardless of their citizenship;

2) to works made public outside the territory of the Russian Federation or not made public but existing in some objective form outside the territory of the Russian Federation and shall be recognized for authors who are citizens of the Russian Federation (or their legal successors);

3) to works made public outside the territory of the Russian Federation or not made public but existing in some objective form outside the territory of the Russian Federation and shall be recognized, in accordance with international treaties of the Russian Federation, within the territory of the Russian Federation for authors (or their legal successors) who are citizens of other states and persons without citizenship.

2. A work also shall be considered first made public by publication in the Russian Federation if, within thirty days after the date of first publication outside the territory of the Russian Federation, it was published within the territory of the Russian Federation.

3. In the grant of protection to a work within the territory of the Russian Federation in accordance with international treaties of the Russian Federation, the author of the work or other initial rightholder shall be determined according to the law of the country within the territory of which the legal fact took place that served as the basis for obtaining copyright.

4. Provision of protection to works within the territory of the Russian Federation in accordance with international treaties of the Russian Federation shall be done with respect to works that have not entered the public domain in the country of origin of the work as the result of the expiration of the term of validity of the exclusive right in these works established in such country and have not entered into the public domain in the Russian Federation as the result of the expiration of the term established in the present Code for the validity of the exclusive right thereto.

In the grant of protection for works in accordance with international treaties of the Russian Federation the term of validity of the exclusive right in these works within the territory of the Russian Federation may not exceed the term of validity of the exclusive right established in the country of origin of the work.

Article 1257. Author of a Work

The author of a work of science, literature, or art is the person by whose creative labor the work was made. The person indicated as the author on the original or other copy of a work shall be considered its author, unless proved otherwise.

Article 1258. Coauthorship

1. Persons who have created a work by joint creative labor are coauthors regardless of whether such a work forms a single inseparable whole or consists of parts each of which has independent significance.

2. A work created in coauthorship shall be used by coauthors jointly, unless otherwise provided by an agreement among. In case when such work forms an inseparable whole, no coauthor shall have the right to prohibit the use of such work without sufficient basis.

Part of a work the use of which is possible independently, i.e., a part having independent significance, may be used by its author at his own discretion unless otherwise provided by an agreement among the coauthors.

3. The rules of Paragraph 3 of Article 1229 of the present Code shall apply respectively to relations of coauthors connected with the distribution of income from the use of the work and with the disposition of the exclusive right in the work.

4. Each of the coauthors shall have the right to take measures for the protection of his rights independently, including cases when a work created by coauthors forms an inseparable whole.

Article 1259. Objects of Copyright

1. The objects of copyright are works of science, literature, and art regardless of the value and purpose of the work as well as of the mode of its expression:

literary works;

dramatic and musical-dramatic works, screenplay works;

choreographic works and pantomimes;

musical works with or without text;

audiovisual works;

works of painting, sculpture, graphics, design, graphic stories, comics, and other works of figurative art;

works of decorative-applied and stage-set art;

works of architecture, city planning, and park and garden art, including in the form of plans, depiction, and models;

photographic works and works obtained by means analogous to photography;

geographic, geological, and other maps, plans, sketches, and plastic works related to geography, topography, and other sciences;

other works.

Computer programs are also considered as objects of copyright and are protected as literary works.

2. Objects of copyright also include:

1) derivative works, i.e., works that are a reworking of another work;

2) compiled works, i.e. works that constitute by selection or placement of the materials the result of creative labor.

3. Copyright also extends to works that have been made public and also to works that have not been made public that are expressed in any objective form, including in written, oral form (in the form of a public speech, public performance, and in any other form), in the form of a depiction, a sound or video recording, or in a three-dimensional form.

4. For the arising, realization, and protection of copyright, neither registration of the work nor the observance of any other formalities is required.

At the discretion of the rightholder computer programs and databases can be registered in accordance with the rules of Article 1262 of the present Code

5. Copyright does not extend to ideas, concepts, principles, methods, processes, systems, means, solutions of technical, organizational or other tasks, inventions, facts, or programming languages.

6. The following are not objects of copyright:

1) official documents of state bodies and bodies of local government of municipal formations, including statutes, other normative acts, judicial decisions, other materials of a legislative, administrative and judicial nature, official documents of international organizations, and also their official translations;

2) state symbols and emblems (flags, seals, insignia, money, and the like) and also symbols and emblems of municipal formations;

3) works of folk creativity (folklore) which do not have specific authors;

4) reports on events and facts having an exclusively informational nature (reports on the news of the day, program listings for television broadcasts, schedules for the movement of means of transport, and the like).

7. Copyright extends to part of a work, to its name, and to a character in the work if by their nature they can be recognized as an independent result of the creative work of the author and they satisfy the requirements established by Paragraph 3 of the present Article.

Article 1260. Translations, Other Derivative Works, Compiled Works

1. The translator and also the author of another derivative work (reworking, motion picture version, arrangement, stage version or other similar work) shall own the copyright correspondingly to a translation done by him and to other reworking of another (original) work.

2. Copyright in the selection or placement of materials made by them (compilation) belongs to the compiler of a collection and the author of another compiled work (anthology, encyclopedia, database, atlas, or other similar work).

A database is the totality of independent materials (articles, accounts, normative acts, judicial decisions, and other similar materials) presented in an objective form and systematized in such a manner that these materials may be found and processed with the use of a computer.

3. A translator, compiler, or other author of a derivative or compiled work shall exercise his copyright on the condition of observance of the rights of the authors of works used for the creation of the derivative or compiled work.

4. The copyright of the translator, compiler, or other author of a derivative or compiled work shall be protected as the right in an independent object of copyright regardless of the protection of the rights of the authors of the works on which the derivative or compiled work is based.

5. The author of a work placed in a collection or other compiled work has the right to use his work independently of the compiled work unless otherwise provided by the contract with the creator of the compiled work.

6. Copyright to a translation, collection, or other derivative or compiled work shall not prevent other persons from translating or reworking the same original work, nor from creating their own compiled works by another selection or placement of the same materials.

7. To the publisher of encyclopedias, encyclopedic reference works, periodical and continuing collections of scholarly works, newspapers, magazines, and other periodical works shall belong the right in the use of such publications. The publisher shall have the right upon any use of such a publication to indicate its designation or to demand its indication.

The authors or other holders of exclusive rights in the works included in such publications shall retain these rights independently of the right of the publisher or other persons to the use of such works as a whole, with the exception of the cases when these exclusive rights were transferred to the publisher or other persons or went to the publisher or other persons in other cases provided by law.

Article 1261. Computer Programs

Copyright in all types of computer programs (including operating systems and program combinations), which may be expressed in any language and in any form, including source code and object code shall be protected in the same way as copyright in literary works. A computer program is a totality of data and commands presented in an objective from and meant for the functioning of a computer or of other computer facilities for the purpose of obtaining a specific result, including preparatory materials obtained in the course of development of a computer program and audiovisual representations generated by it.

Article 1262. Official registration of Computer Programs and Databases

1. The rightholder, during the term of validity of the exclusive right in a computer program or database may at his option register such program or such database at the Federal executive authority for intellectual property.

Computer programs and databases that contain information constituting a state secret are not subject to official registration. A person who has submitted an application for official registration (the applicant) shall bear responsibility for disclosure of information on computer programs and databases in which information constituting a state secret is contained in accordance with the legislation of the Russian Federation.

2. An application for official registration of a computer program or database (registration application) must relate to one computer program or to one database.

A registration application must contain:

an application for official registration of a computer program or database with an indication of the rightholder and also of the author if he has not refused to be mentioned as such and place of residence or place of location of each of them;

materials to be deposited identifying the computer program or database, including an abstract;

a document confirming the payment of the state fee in the established amount or the presence of basis for exemption from the payment of the state fee or for reduction of its amount or for extension of the time for its payment.

The rules for the formalization of the application for registration shall be established by the federal executive authority exercising normative-legal regulation in the area of intellectual property.

3. On the basis of an application for registration the Federal executive authority for intellectual property shall verify the presence of the necessary documents and materials and their correspondence to the requirements provided by Paragraph 2 of the present Article. Upon a positive result of the verification the abovementioned federal executive authority shall include the computer program or the database respectively into the Register of Computer Programs and into the Register of Databases, shall issue a certificate of official registration to the applicant and shall publish information on the registered computer program or database in an official gazette of this agency.

On request of the abovementioned federal executive authority or on his own initiative, the author or other rightholder shall have the right before publication of the information in the official gazette to supplement, clarify, and correct the documents and materials contained in the application for registration.

4. The procedure for official registration of computer programs and databases, the forms of certificates on official registration, the list of information indicated in them and the list of information published in the official gazette of the federal executive authority for intellectual property, shall be established by the federal executive authority exercising normative-legal regulation in the area of intellectual property.

5. Contracts for the alienation of the exclusive right in a registered computer program or database, and the transfer of the exclusive right in such a program or database to other persons without a contract shall be subject to official registration at the Federal executive authority for intellectual property.

Information on a change of the holder of the exclusive right shall be entered in the Register of Computer Programs or in the Register of Databases on the basis of a registered contract or other right-establishing document and shall be published in the official gazette of the federal executive authority for intellectual property.

6. Information entered into the Register of Computer Programs or the Register of Databases shall be considered accurate, unless it is proved otherwise. The applicant shall bear responsibility for the accuracy of the information presented for official registration.

Article 1263. Audiovisual Work

1. An audiovisual work is a work consisting of a fixed series of interconnected illustrations (with or without sound) and meant for visual and aural (in the case of accompanying sound) perception with the use of appropriate technical devices. Audiovisual works include cinematographic works and also all works expressed by means analogous to cinematographic (television and video films, and other similar works) regardless of the means of their initial or subsequent fixation.

2. The authors of an audiovisual work are:

1) the director-producer;

2) the author of the screenplay;

3) the composer who is the author of a musical work (with or without words) specially created for this audiovisual work;

3. In case of public performance or communication by wireless means or by wire of an audiovisual work the composer who is the author of a musical work (with or without words) used in the audiovisual work shall retain the right to demand remuneration for the abovementioned types of use of his musical work.

4. The rights of the producer of an audiovisual work, i.e., of the person who organized the creation of such work (the producer) shall be determined in accordance with Article 1240 of the present Code.

The producer shall have the right in case of any use of an audiovisual work to indicate his name or designation or to demand such an indication. In the absence of proof to the contrary, the producer of an audiovisual work shall be recognized to be the person whose name or designation is indicated on this work in the usual manner.

5. Each author of a work that has been included as a constituent part in an audiovisual work, whether it existed previously (the author of a work used as the basis of a film screenplay and others), or it was created in the process of work on it (the operator-director, art-director, and others) shall keep the exclusive right in his work with the exception of cases when this exclusive right was transferred to the producer or other persons in other cases provided by law.

Article 1264. Drafts of Official Documents, Symbols, and Emblems

1. Authorship rights in a draft of an official document including to the draft of an official translation of such a document, and also to the draft of an official symbol or emblem shall belong to the person who has created the corresponding draft (the developer).

The developer of the draft of an official document, symbol or emblem has the right to make the draft public unless this is forbidden by a state body, body of local government of a municipal formation or international organization upon whose order the draft was developed. Upon publication of the draft, the developer has the right to indicate his name.

2. The draft of an official document, symbol, or emblem may be used by a state body, body of local government, or international organization for the creation of the corresponding official document or the development of a symbol or emblem without the consent of the developer if the draft has been made pubic by the developer for use by this body or organization or has been sent by the developer to the corresponding body or organization.

In the creation of an official document and in the development of an official symbol or emblem on the basis of the corresponding draft, additions and changes may be made in it at the discretion of the state body, body of local government, or international organization that has conducted the creation of the official document or the development of the official symbol or emblem. After official adoption for consideration of the draft by the state body, body of local government, or international organization, the draft may be used without indication of the name of the developer.

Article 1265. Authorship Right and Right of Author in his Name

1. The right of authorship, the right to be recognized as the author of a work and the right of the author to his name - the right to use or permit the use of a work under his own name, under an assumed name (pseudonym) or without an indication of the name, i.e., anonymously, are inalienable and nontransferable, including in the case of transfer to another person or passage to him of the exclusive right in a work and in the case of granting to another person of the right of use of the work. A waiver of these rights shall be void.

2. In case of publication of a work anonymously or under a pseudonym (with the exception of the case when the pseudonym of the author does not leave a doubt as to his identity) the publisher (Paragraph 1 of Article 1287), whose name or designation was indicated on the work, in the absence of proof to the contrary, shall be considered to be the representative of the author and in this capacity shall have the right to protect the rights of the author and to ensure their execution. This provision shall be effective until the time when the author of the work reveals his identity or declares his authorship.

Article 1266. Inviolability of a Work and Protection of a Work from Distortion

1. The changes, abridgements, or additions to a work or the provision of a work in its use with illustrations, a foreword, or an afterword, commentaries or any explanations shall be not allowed without the consent of the author (inviolability of a work).

In the use of a work after the death of the author, the person possessing the exclusive right in the work shall have the right to allow changes, abridgements or additions to the work, on the condition that this does not distort the thought of the author and does not disturb the completeness of the perception of the work and does not contradict the desire of the author specifically expressed by him in a will, letters, diaries, or other written form.

2. Perversion, distortion or other change in the work impugning the honor, dignity, or business reputation of the author and an attempt at such actions shall give the author the right to demand protection of his honor, dignity or business reputation in accordance with the rules of Article 152 of the present Code. In these cases, on demand of interested persons, protection is permitted for the honor and dignity of the author even after his death.

Article 1267. Protection of Authorship, the Name of the Author, and the Inviolability of a Work After the Death of the Author.

1. Authorship, the name of the author and the inviolability of the work shall be protected without time limits.

2. The author shall have the right in the course of the procedure provided for designation an executor of a will (Article 1134) to indicate the person to whom he entrusts the protection of authorship, name of the author, and inviolability of the work (second subparagraph of Paragraph 1 of Article 1266) after his death. This person shall exercise his powers for life. In the absence of such indications or in the case of refusal of the person designated by the author to exercise the corresponding powers and also after the death of this person, the protection of authorship, of the name of the author, and of the inviolability of the work shall be exercised by the heirs of the author, their legal successors and other interested persons.

Article 1268. The Right to Make a Work Public

1. The right to make his work public, i.e., the right to take an action or give consent to an action that for the first time would make the work accessible to the public by its publication, public display, public performance, communication by wireless means or by wire or in any other manner shall belong to the author.

In such case publication (release to the world) is the release into circulation of copies of the work that are a reproduction of the work in any material form in a number sufficient for the satisfaction of the reasonable needs of the public proceeding from the nature of the work.

2. An author who has transferred a work to another person by contract for use shall be considered to have consented to making this work public.

3. A work not made public during the life of the author may be made public after his death by a person holding the exclusive right in the work if the making of the work public does not contradict the desire of the author of the work specifically expressed by him in written form (in a will, in letters, in diaries, and the like).

Article 1269. Withdrawal Right

The author shall have the right to rescind a previously adopted decision to make a work public (withdrawal right) on the condition of compensation for damages caused by such a decision, to the person to whom the exclusive right in the work was alienated or to whom the right of the use of the work was granted. If the work has already been made public the author shall also have the duty to give public notice of its withdrawal. In such a case the author shall have the right to withdraw from circulation the previously released copies of the work, having compensated for damages caused by this.

The rules of the present Article shall not apply to computer programs, to employee’s works and to works that have entered into a complex object (Article 1240).

Article 1270. Exclusive Right in a Work

1. The exclusive right to use a work in accordance with Article 1229 of the present Code in any form and any manner not contrary to law (the exclusive right in the work), including by the methods indicated in Paragraph 2 of the present Article shall belong to the author of the work. The rightholder may dispose of the exclusive right in the work.

2. The use of a work, regardless of whether or not the corresponding actions are taken for the purpose of extracting profit or without such a purpose shall include, in particular:

1) reproduction of the work , i.e., the creation of one or more copies of a work or of part of it in any material form, including in the form of audio or video recording, creation in three dimensions of one or more copies of a two-dimensional work and in two-dimensions of one or more copies of a three dimensional work. In this case the fixation of the work on an electronic carrier, including fixation in the memory of a computer shall also be considered reproduction, except for the case when such 26

fixation is temporary and constitutes an inseparable and essential part of a technological process having the sole purpose of lawful use of the fixation or lawful communication of the work to the public;

2) distribution of a work by sale or other alienation of its original or of copies;

3) public display of a work, i.e. any showing of the original or of a copy of a work directly or on a screen with the use of a film, transparency, television frame, or other technical means and also the demonstration of individual frames of an audiovisual work without observance of their sequence directly or with the use of technical means at a place open for free attendance or at a place where a significant number of persons not belonging to the usual circle of a family is present, regardless of whether the work is perceived in the place of its demonstration or in another place simultaneously with the demonstration of a work;

4) the import of the original or of copies of a work for the purpose of distribution;

5) renting out of the original or a copy of the work;

6) public performance of a work, i.e., the presentation of the work in live performance or with the use of technical means (radio, television, and other technical means) and also the showing of an audiovisual work (with or without the accompaniment of sound) at a place open for free attendance or at a place where a significant number of persons not belonging to the usual circle of a family is present, regardless of whether or not the work is perceived in the place of its demonstration or showing or in another place simultaneously with the demonstration or showing of a work;

7) communication by wireless means, i.e., communication of a work to the public (including showing or performance) by radio or television (including by way of retransmission), with the exception of communication by wire. In this case, communication means any action by which the work becomes accessible for aural and/or visual perception regardless of its actual perception by the public. In case of communication of works by wireless means via satellite, communication by wireless means the receipt of signals from a ground station by the satellite and transmission of signals from the satellite by means of which the work may be communicated to the public regardless of its actual reception by the public. Communication of coded signals is communication by wireless means if the means of decoding are granted to an unlimited group of people by the broadcasting organization or with its consent;

8) communication by cable, i.e., communication of the work to the public by radio or television with the use of a cable, wire, optical fiber, or analogous means (including by way of retransmission). Communication of coded signals is communication by cable if the means of decoding are granted to an unlimited group of people by the cablecasting organization or with its consent;

9) a translation or other reworking of the work. In this case, reworking of a work means the creation of a derivative work (adaptation, screen version, arrangement, stage version, or the like). Reworking (or modification) of a computer program or a database means any changes made in them, including the translation of such a computer program or such a database from one language to another with the exception of an adaptation, i.e., changes made solely for the purpose of applicability of a computer program or a database to specific technical means of the user or under the management of specific programs of the user;

10) the practical implementation of an architectural, design, city planning, or park or garden plan; 27

11) communicating a work to the public in such a way that any person may obtain access to the work from any place and at any time of his own choosing (communication to the public).

3. The practical application of the provisions constituting the content of a work, including provisions that are a technical, economic, organizational or other solution is not the use of a work with respect to the rules of the present Chapter, with the exception of the use provided in numbered subparagraph 10 of Paragraph 2 of the present Article.

4. The rules of subparagraph 5 of Paragraph 2 of the present Article shall not apply with respect to a computer program with the exception of the case when such program is the basic object of renting out.

Article 1271. Copyright Protection Symbol

The rightholder for notification of the exclusive right in a work belonging to him shall have the right to use the symbol of protection of the copyright, which shall be placed on each copy of the work and which shall consist of the following elements:

Latin letter "C" in a circle;

name or designation of the rightholder;

year of first publication of the work.

Article 1272. Distribution of the Original or Copies of a Published Work

If the original or copies of a lawfully published work have been introduced into commercial circulation within the territory of the Russian Federation by means of their sale or other alienation, further distribution of the original or copies of the work shall be allowed without the consent of the rightholder and without payment of remuneration to him with the exception of the case provided by Article 1293 of the present Code.

Article 1273. Free Reproduction of a Work for Personal Purposes

1. Reproduction by a person when necessary and exclusively for personal purposes of a work lawfully made public is allowed without the consent of the author or other rightholder with the exception for:

1) reproduction of works of architecture in the form of buildings and analogous structures;

2) reproduction of databases or their significant parts;

3) reproduction of computer programs except for the cases provided by Article 1280 of the present Code;

4) reproduction (Paragraph 2 of Article 1275) of books (in their entirety) and of sheet music.

5) video recording of an audiovisual work in case of its public performance at a please open for free attendance or at a place where there are a significant number of persons present not belonging to the usual circle of a family;

6) reproduction of an audiovisual work with the use of professional equipment not meant for use in home conditions.

2. In case when reproduction of phonograms and audiovisual works is done exclusively for personal purposes, the authors, performers, producers of phonograms and audiovisual works shall have the right to remuneration provided for by Article 1245 of the present Code. 28

Article 1274. Free Use of a Work for Informational, Scientific, Educational, or Cultural Purposes

1. The following uses are allowed without the consent of the author or other rightholder and without the payment of remuneration but with an obligatory indication of the name of the author whose work is used and of the source of borrowing:

1) citation in the original and in translation for scientific, polemical/critical, or information purposes of works lawfully made public in an amount justified by the purpose of citation, including the reproduction of excerpts from newspaper and magazine articles in the form of press surveys;

2) use of works lawfully made public and excerpts from them as illustrations in publications, radio and television broadcasts, and sound and video recordings of an instructional nature in an amount justified by the purpose thereof;

3) reproduction in the press, communications by wireless means or by wire of articles lawfully published in newspapers and magazines on current economic, political, social, and religious matters or of works of the same nature transmitted by wireless means in cases when such reproduction or communication was not specially forbidden by the author or other rightholder;

4) the reproduction in the press, communication by wireless means or by wire of publicly delivered political speeches, addresses, papers, and other analogous works in an amount justified by the informational purpose. In such case the authors of such works shall retain the right to their publication in collection of works;

5) the reproduction or communication to the public in surveys of current events by means of photography or cinematography or by way of communication by wireless means or by wire of works that are seen or heard in the course of such events in an amount justified by the informational purpose;

6) reproduction without the extraction of profit in dot-relief type or other special means for the blind of lawfully published works, except for works specially created for reproduction by such means.

2. In the case when a library provides copies of work lawfully introduced into commercial circulation for temporary free use, such use shall be allowed without the consent of the author or other rightholder and without payment of remuneration. However, copies of works expressed in digital form provided by libraries for temporary free use, including in the cases of mutual use of library resources may be provided only on the premises of the libraries on the condition of excluding the possibility of making copies of these works in digital form.

3. The creation of a work in the genre of a literary, musical, or other parody, or in the genre of caricature on the basis of another (original) work lawfully made public and the use of this parody or caricature shall be allowed without the consent of the author or other holder of the exclusive right in the original work and without payment of remuneration to him.

Article 1275. Free Use of a Work by Way of Reproduction

1. Reproduction (subparagraph 4 of Paragraph 1 of Article 1273) in a single copy without the extraction of profit shall be allowed without the consent of the author or other rightholder and without the payment of remuneration, but with obligatory indication of the name of the author whose work is being used and of the source of borrowing for: 29

1) lawfully published work - by libraries and archives for restoration, replacement of lost or spoiled copies of the work and for provision of copies of a work to other libraries that have lost them for any reasons from their collections;

2) individual articles and short works lawfully published in collections, newspapers and other periodical publications, of short excerpts from lawfully published written works (with illustrations or without illustrations) - by libraries and archives on requests of persons for use for instructional and scholarly purposes and also by educational institutions for classroom work.

2. Reproduction (reprographic copying) means the facsimile copying of a work with the use of any technical means made not for the purpose of publication. Reproduction does not include copying of a work or storage of copies thereof in electronic (including digital), optical or other machine-readable form, with the exception of cases of the creation with the use of technical means of temporary copies meant for the conduct of reproduction.

Article 1276. Free Use of a Work Permanently Located at a Place Open for Public

The reproduction, communication by wireless means or by wire of a photographic work, a work of architecture, or a work of figurative art that is permanently located in a place open for free attendance shall be allowed without the consent of the author or other rightholder and without payment of remuneration, with the exception of cases when the depiction of the work by this method is the basic object of the reproduction, communication by wireless means or by wire or when the image of the work is used for commercial purposes.

Article 1277. Free Public Performance of a Musical Work

The public performance of a musical work during an official or religious ceremony or funeral in the amount justified by the nature of such a ceremony shall be allowed without the consent of the author or other rightholder and without the payment of remuneration.

Article 1278. Free Reproduction for Purposes of Law Enforcement

Reproduction of a work for the conduct of proceedings in a case of an administrative offense, for the conduct of an inquiry, preliminary investigation or implementation of court proceedings in the amount justified by this purpose shall be allowed without the consent of the author or other rightholder and without the payment of remuneration.

Article 1279. Free Fixation of a Work by a Broadcasting Organization for Short-term Use

A broadcasting organization shall have the right without the consent of the author or other rightholder and without payment of additional remuneration to make a fixation for the purpose of short-term use of a work in relation to which this organization has obtained the right to communicate by wireless means, on the condition that such a fixation shall be made by the broadcasting organization using its own equipment and for its own broadcasts. In such a case the organization shall be obligated to destroy such a fixation within months from the day of its creation unless a longer term has been agreed upon with the rightholder or has been established by law. Such a fixation may be retained without the consent of this rightholder in state or municipal archives if it has an exclusively documentary nature. 30

Article 1280. Free Reproduction of Computer Programs and Databases. Decompilation of Computer Programs.

1. A person who lawfully possesses a copy of a computer program or a copy of a database (a user) shall have the right without the permission of the author or other rightholder and without the payment of additional remuneration:

1) to make changes in the computer program or database exclusively for the purpose of its functioning on the technical means of the user and take actions necessary for the functioning of such computer program or database in connection with its purpose, including fixation and storing in the memory of a computer (of one computer or of one user of a network) and also to conduct correction of clear errors, unless otherwise provided by the contract with the rightholder;

2) to prepare a copy of a computer program or database on the condition that this copy is meant only for archival purposes or for replacement of a lawfully obtained copy in cases when such a copy has been lost, destroyed, or has become unsuitable for use. In this case the copy of the computer program or of the database may not be used for other purposes than those indicated in the numbered subparagraph 1 of the present Paragraph and must be destroyed if possession of a copy of such computer program or database has ceased to be lawful.

2. A person lawfully possessing a copy of a computer program shall have the right without the consent of the rightholder and without payment of additional remuneration to study, research, or test the functioning of such computer program for the purpose of determining the ideas and principles underlying any element of the program by taking the actions provided for by the first numbered subparagraph of Paragraph 1 of the present Article.

3. A person lawfully possessing a copy of a computer program shall have the right without the consent of the rightholder and without payment of additional remuneration to reproduce and transform the object code into source text (to decompile the computer program) or to delegate to other persons to take these actions if they are necessary for achievement of the capability for interaction of a computer program independently developed by this person with other programs that may interact with the decompiled program, upon the observance of the following conditions:

1) the information necessary for achieving the capability for interaction previously was not accessible for this person from other sources;

2) these actions are conducted with respect to only those parts of the decompiled computer program that are necessary for the achievement of the capability for interaction;

3) information obtained as the result of decompilation may be used only for achievement of the capability for interaction of an independently developed computer program with other programs, may not be transferred to other persons with the exception of cases when this is necessary for the achievement of the capability for interaction of an independently developed computer program with other programs, and also may not be used for the development of a computer program in its nature substantially similar to the decompiled computer program nor for other activity infringing an exclusive right in the computer program.

4. The application of the provisions provided by the present Article must not cause unjustified harm to the normal use of a computer program or database and must not impair in an unjustified manner the lawful interests of the author or rightholder. 31

Article 1281. Validity of the Exclusive Right in a Work

1. The exclusive right in a work shall be effective for the whole life of the author plus seventy years, counting from January 1 of the year following the year of death of the author.

The exclusive right in a work created in coauthorship shall be effective for the whole life of the author outliving the other coauthors plus seventy years, counting from January 1 of the year following the year of his death.

2. For a work made publicly anonymously or under a pseudonym, the term of validity of the exclusive right shall expire after seventy years counting from January 1 of the year following the year of its lawfully being made public. If in the course of the aforementioned term the author of the work made public anonymously or under a pseudonym reveals his identity or if his identity will no longer leave any doubts, the exclusive right shall be effective during the course of the term established in Paragraph 1 of the present Article.

3. The exclusive right in a work made public after the death of the author shall be effective during the course of seventy years after the work was made public, counting from January 1 of the year following the year of its being made pubic, on the condition that the work was made public within the course of seventy years after the death of the author.

4. If the author of a work was repressed and posthumously rehabilitated, the term of validity of the exclusive right shall be considered extended and the seventy-year period shall be calculated from January 1 of the year following the year of rehabilitation of the author of the work.

5. If the author worked during the time of the Great Patriotic War or participated in it, the term of validity of the exclusive right established by the present Article shall be extended by four years.

Article 1282. Passage of a Work into the Public Domain

1. Upon the expiration of the term of validity of the exclusive right, a work of science, literature or art, whether made public or not made public, shall enter the public domain.

2. A work that has entered the public domain may be used freely by any person without any consent or permission and without payment of author's remuneration. In such a case authorship, the name of the author, and the inviolability of the work shall be protected.

3. A work that has not been made public that has entered the public domain may be made public by any person, unless making the work public would contradict the desire of the author specifically expressed by him in written form (in a will, letters, diaries, and the like).

The rights of the person who has lawfully made public such a work shall be determined in accordance with Chapter 71 of the present Code.

Article 1283. Passage of the Exclusive Right in a Work by Inheritance

1. The exclusive right in a work passes by inheritance.

2. In the cases provided by Article 1151 of the present Code an exclusive right in a work included in the composition of an inheritance shall be terminated and the work shall pass into the public domain. 32

Article 1284. Levy of Execution on the Exclusive Right in a Work and on the Right of Use of a Work Under a License

1. Levy of execution is not allowed on an exclusive right in a work belonging to the author. However, execution may be levied on a right of claim by an author against other persons under contracts on the alienation of the exclusive rights in a work and under license contracts and also on income obtained from the use of a work.

Execution may be levied on an exclusive right belonging not to the author himself but to another person and also on the right of use of a work belonging to a licensee.

The rules of the first subparagraph of the present Paragraph extend to heirs of the author, their heirs, and so on, within the limits of the term of validity of the exclusive right.

2. In case of sale of the right of use of a work belonging to the licensee at public auction for the purpose of levying of execution on this right, the author shall be granted a preferential right to obtain it.

Article 1285. Contract for Alienation of Exclusive Right in a Work

Under a contract for the alienation of the exclusive right in a work the author or other rightholder transfers or becomes obligated to transfer in full an exclusive right in a work belonging to him to the recipient of such right.

Article 1286. License Contract for the Granting of the Right to Use a Work

1. Under a license contract one party – the author or other rightholder (the licensor) grants or becomes obligated to grant to the other party (the licensee) the right to use a work within the limits established by the contract.

2. A license contract shall be concluded in written form. A contract on granting the right of use of a work in a periodical press publication may be concluded in oral form.

3. The conclusion of license contracts on granting the right of use of a computer program or database is allowed by the conclusion by each user with the respective rightholder of a contract of adhesion, the terms of which are stated on a copy of such program or database obtained or on the package of such a copy. The beginning of use of such program or database by the user as this beginning is defined by these terms shall signify the user's consent to the conclusion of the contract.

4. In a compensated license contract the amount of remuneration for the use of the work or the procedure for calculating this remuneration must be indicated.

In such a contract payment to the licensor of remuneration may be provided in the form of fixed one-time or periodical payments, percentage transfers from income (or receipts) or in another form.

The Government of the Russian Federation shall have the right to establish minimum rates of author's remuneration for separate types of use of works.

Article 1287. Specific Conditions of a Publication License Contract.

1. Under a contract for granting the right to use a work concluded by the author or other rightholder with a publisher, i.e. with a person upon whom the obligation to publish the work is imposed in accordance with the contract (a publication license contract), the licensee has the duty to begin the use of the work not later than the term indicated in the contract. In case of nonperformance of this 33

obligation the licensor has the right to renounce the contract without remuneration to the licensee of the damages caused by such renunciation.

In case of the absence in the contract of a concrete term for the beginning of the use of the work, such use of the work must begin within the term usual for the given type of works and the method of their use. Such a contract may be rescinded by the licensor in cases and by the procedure that are provided by Article 450 of the present Code.

2. In case of rescission of a publication license contract on the basis of the provisions provided by Paragraph 1 of the present Article, the licensor shall have the right to demand payment to him of the remuneration provided by the contract in full amount.

Article 1288. Contract of Author's Order

1. Under a contract of author's order, one party (the author) has the duty on the order of another party (the customer) to create the work of science, literature, or art provided by the contract on a material carrier or in another form.

The material carrier of the work shall be transferred to the customer in ownership unless the agreement of the parties provides for its transfer to the customer for temporary use.

The contract of author's order shall be compensated unless the agreement of the parties provides otherwise.

2. A contract of author's order may provide for the alienation to the customer of the exclusive right in a work that must be created by the author or the grant to the customer of the right of use of this work within the limits established by the contract.

3. In the case when the contract of author's order provides for the alienation to the customer of the exclusive right in a work that must be created by the author, the provisions of the present Code on the contract on the alienation of an exclusive right shall be respectively applied to this contract, unless from the nature of the contract it follows otherwise.

4. If a contract of author's order is concluded with a term on the granting to the customer of the right of use of the work within the limits established by the contract, the provisions provided by Articles 1286 and 1287 of the present Code shall be respectively applied to such contract.

Article 1289. Term for Performance of the Contract of Author's Order

1. A work whose creation is provided for by a contract of author's order must be transferred to the customer within the term established by the contract.

A contract that does not provide for and does not make possible the determination of the term for its performance shall not be considered concluded.

2. In the case when the term for the performance of a contract of author's order has ended, the author if necessary and in the presence of valid reasons for completion of the work shall be granted a supplementary grace term with the length of one quarter of the term established for performance of the contract, unless an agreement of the parties establishes a longer grace term.

In the cases provided by Paragraph 1 of Article 1240 of the present Code, this rule shall apply unless otherwise provided by the contract.

3. Upon expiration of the grace term provided to the author in accordance with Paragraph 2 of the present Article the customer shall have the right to unilaterally renounce the contract of author's order. 34

The customer shall also have the right to renounce the contract of author's order directly after the end of the term for its performance as established in the contract if the contract has not been performed by this time and if it clearly flows from its terms that in case of violation of the term for performance of the contract the customer shall lose interest in the contract.

Article 1290. Liability Under Contracts Concluded by the Author of a Work

1. The liability of the author under a contract for the alienation of an exclusive right in a work and under a license contract shall be limited to the amount of the actual harm caused to the other party unless the contract provides for a lower amount of liability of the author.

2. In case of nonperformance or improper performance of a contract of author's order for which the author bears liability, the author shall be obligated to return to the customer an advance, and also to pay him a penalty if it is provided by the contract. However the overall amount of these payments shall be limited to the amount of the actual harm caused to the customer.

Article 1291. Alienation of the Original of a Work. Exclusive Right in the Work.

1. In case of alienation by the author of the original of a work (a manuscript, the original of a work of painting, sculpture, and the like) including in case of alienation of the original of a work under a contract of author's order, the exclusive right in the work shall be retained by its author, unless the contract provides otherwise.

In the case when the exclusive right in a work has not passed to the recipient of its original, the recipient shall have the right without the consent of the author and without the payment to him of remuneration to display the original of the work obtained in ownership and to reproduce it in catalogs of exhibits and in publications dedicated to his collection and also to transfer the original of this work for display at exhibits organized by other persons.

2. In case of alienation of the original of a work by its owner possessing an exclusive right in the work but not being the author of the work, the exclusive right in the work shall pass to the recipient of the original of the work unless the contract provides otherwise.

3. The rules of the present Article relating to the author of the work shall also extend to the heirs of the author, to their heirs, and so on, within the limits of the term of validity of the exclusive right.

Article 1292. Right of Access

1. The author of a work of figurative art shall have the right to require from the owner of the original of the work the provision of the possibility of exercising the right to reproduction of his work (the right of access). However the owner of the original may not be required to ship the work to the author.

2. The author of a work of architecture shall have the right to require from the owner of the original of the work the provision of the possibility of making photographs and video recordings of the work, unless otherwise provided by the contract.

Article 1293. Droit de suite 35

1. In case of alienation by an author of the original of a work of figurative art, upon each public resale of the respective original in which a gallery of figurative art, art salon, store, or other similar organization participates as a seller, buyer, or intermediary, the author shall have the right to receive remuneration from the seller in the form of a percentage deducted from the resale price (droit de suite). The amount of the percentage deduction, and also the conditions and procedure for their payment shall be determined by the Government of the Russian Federation.

2. Authors shall enjoy the droit de suite by the procedure established by Paragraph 1 of the present Article also with respect to original manuscripts (those written by the author himself) of literature and musical works.

3. The droit de suite is inalienable, but shall pass to the heirs of the author for the term of validity of the exclusive right.

Article 1294. Rights of the Author of a Work of Architecture, City Planning, or Garden or Park Art

1. The author of work of architecture, city planning, or garden or park art shall have the exclusive right to use his work in accordance with Paragraphs 2 and 3 of Article 1270 of the present Code including by developing documentation for construction and by implementation of the architectural, city-planning, or garden or park plan.

The use of the architectural, city-planning, or garden or park plan for implementation is allowed only one time, unless otherwise established by the contract in accordance with which the plan was created. The plan and documentation made on its basis for construction may be used repeatedly only with the consent of the author of the plan.

2. The author of a work of architecture, city planning or garden or park art shall have the right to exercise author's checking of the development of documentation for construction and the right of author's supervision of the construction of a building or structure or other realization of the respective plan. The procedure for exercise of author's checking and author’s supervision shall be established by the federal executive authority for architecture and city planning.

3. The author of a work of architecture, city planning, or garden or park art shall have the right to require from the customer of the architectural, city-planning or garden or park plan the granting of the right to participate in the implementation of his plan, unless otherwise provided by the contract.

Article 1295. Employee’s work

1. The copyright to a work of science, literature, or art created within the limits of the labor obligations established for an employee (author) (an employee’s work) shall belong to the author.

2. The exclusive right in an employee’s work shall belong to the employer unless a labor contract or other contract between the employer and the author has provided otherwise.

If the employer within the course of three years from the day when the employee’s work was put at its disposition does not begin the use of this work, does not transfer the exclusive right in it to another person, or does not inform the author of keeping the work in secrecy, the exclusive right in the employee’s work shall belong to the author.

If the employer, within the term provided in the second subparagraph of the present Paragraph begins the use of an employee’s work or transfers the exclusive 36

right in another person, the author shall have the right to demand remuneration. The author shall obtain the abovementioned right to demand remuneration also in the case when the employer has taken the decision to keep the employee’s work in secrecy and for this reason has not begun the use of this work within the abovementioned term. The amount of remuneration, the conditions and procedure for its payment by the employer shall be defined by the contract between him and the employee and, in case of dispute, by a court.

3. In the case when in accordance with Paragraph 2 of the present Article the exclusive right in an employee’s work belongs to the author, the employer shall have the right to use such work by methods dependent upon the purpose of the employment task and within the limits deriving from the task as well as to make such work public unless otherwise provided by the contract between him and the employee. In this case, the right of the author to use an employee’s work in a manner not dependent upon the purpose of the task and also even in a manner dependent upon the purpose of the task but beyond the limits deriving from the task of the employer shall not be limited.

The employer may in use of an employee’s work indicate his own name or the designation or require such an indication.

Article 1296. Computer Programs and Databases Created on Order

1. In the case when a computer program or database is created by a contract the subject of which was its creation (on order), the exclusive right in such computer program or such database shall belong to the customer, unless provided otherwise by a contract between the contractor (the performer) and the customer.

2. In the case when the exclusive right in a computer program or database in accordance with Paragraph 1 of the present Article belongs to the customer, the contractor (the performer) shall have the right, to the extent it is not provided otherwise by the contract, to use the program or database for its own needs on the condition of an free simple (non-exclusive) license during the course of the whole term of validity of the exclusive right.

3. In the case when, in accordance with a contract between the contractor (the performer) and the customer, the exclusive right in a computer program or database belongs to the contractor (the performer), the customer shall have the right to use this program or database for his own needs on the conditions of an free simple (nonexclusive) license during the course of the whole term of validity of the exclusive right.

4. An author of a computer program or database created on order, to whom the exclusive right in this program or database does not belong shall have the right to demand remuneration in accordance with the third subparagraph of Paragraph 2 of Article 1295 of the present Code.

Article 1297. Computer Programs and Databases Created in the Course of Work Under a Contract

1. If a computer program or database was created in performance of a work contract or a contract for the performance of scientific-research, experimental-design or technological works that did not directly provide for its creation, the exclusive right in such program or such database shall belong to the contractor (performer), unless the contract between the contractor and the customer provides otherwise.

In this case, the customer shall have the right, unless the contract has provided otherwise, to use the program or database created in this manner for the purposes for the achievement of which the corresponding contract was concluded on the basis of a 37

simple (nonexclusive) license during the whole term of validity of the exclusive right without payment of additional remuneration for this use. In case of transfer by the contractor (or performer) of the exclusive right in the computer program or database to another person, the customer shall retain the right of use of the program or database.

2. In the case when, in accordance with a contract between the contractor (or performer) and the customer, the exclusive right in a computer program or database has been transferred to the customer or to a third person indicated by the customer, the contractor (the performer) shall have the right to use the program or database created by him for his own needs on conditions of an free simple (nonexclusive) license during the course of the whole term of validity of the exclusive right, unless the contract provides otherwise.

3. An author of the computer program or database indicated in Paragraph 1 of the present Article to whom the exclusive right in such program or such database does not belong shall have the right to demand remuneration in accordance with the third subparagraph of Paragraph 2 of Article 1295 of the present Code.

Article 1298. Works of Science, Literature, and Art Created Under a State or Municipal Contract

1. The exclusive right in a work of science, literature, or art created under a state or municipal contract for state or municipal needs shall belong to the performer who is the author or other person performing the state or municipal contract unless the state or municipal contract provides that this right shall belong to the Russian Federation, to the subject of the Russian Federation, or to the municipal formation in whose name the state or municipal customer is acting, or jointly to the performer and the Russian Federation, to the performer and the subject of the Russian Federation, or to the performer and the municipal formation.

2. If in accordance with the state or municipal contract the exclusive right in the work of science, literature, or art belongs to the Russian Federation, a subject of the Russian Federation, or a municipal formation, the performer shall be obligated by way of the conclusion of respective contracts with his employees and third parties to obtain all rights right or to ensure their being obtained for transfer correspondingly to the Russian Federation, the subject of the Russian Federation, and the municipal formation. In this case, the performer shall have the right to demand remuneration for the expenditures borne by him in connection with obtaining the corresponding rights from third persons.

3. If the exclusive right in a work of science, literature, or art created under a state or municipal contract for state or municipal needs belongs in accordance with Paragraph 1 of the present Article not to the Russian Federation, not to the subject of the Russian Federation, or not a municipal formation, the rightholder on demand of the state or municipal customer shall be obligated to provide the person indicated by him with an free simple (nonexclusive) license for the use of the respective work of science, literature, or art for state or municipal needs.

4. If the exclusive right in a work of science, literature, or art created under a state or municipal contract for state or municipal needs belongs jointly to the performer and the Russian Federation, the performer and the subject of the Russian Federation, or the performer and the municipal formation, the state or the municipal customer shall have the right to grant an free simple (nonexclusive) license for the use of such work of science, literature, or art for state or municipal needs, after informing the performer of this. 38

5. An employee, whose exclusive right on the basis of Paragraph 2 of the present Article has passed to the performer shall have the right to demand remuneration in accordance with the third subparagraph of Paragraph 2 of Article 1295 of the present Code.

6. The rules of the present Article shall also apply to computer programs and databases the creation of which was not provided for by a state or municipal contract for state or municipal needs, but which were created in the course of performance of such a contract.

Article 1299. Technical Protection Measures

1. Any technology, technical devices or their components controlling access to a work, preventing or limiting actions that are not permitted by the author or other rightholder with respect to the work shall be recognized as technical protection measures.

2. With respect to works it shall not be allowed:

1) taking without the permission of the author or other rightholder of actions directed at eliminating the limitations on the use of a work established by the application of technical protection measures.

2) creation, distribution, renting out, providing for temporary free use, import, advertising of any technology, any technical device or its components, and use of such technical means for the purpose of obtaining profit or rendering corresponding services, if as the result of such actions the use of technical means of protection of copyright becomes impossible or these technical means cannot ensure proper protection of the abovementioned rights.

3. In case of violation of the provisions provided by Paragraph 2 of the present Article, the author or other rightholder shall have the right to demand at his choice from the violator remuneration for damages or payment of remuneration in accordance with Article 1301 of the present Code.

Article 1300. Copyright Management Information

1. Information about copyright is any information that identifies a work, an author, or other rightholder or information about the terms of use of a work that is contained in the original or on a copy of a work, is attached to it or appears in connection with communication by wireless means or by wire or by the bringing of such a work to the public and also any numbers or codes in which such information is contained.

2. With respect to works the following shall not be allowed:

1) removing or changing information about copyright without the permission of the author or other rightholder;

2) reproduction, distribution, import for purposes of distribution, public performance, communication by wireless means or by wire, or bringing to the public of works with respect to which information about copyright has been removed or changed without the permission of the author or other rightholder.

3. In case of violation of the provisions provided by Paragraph 2 of the present Article, the author or other rightholder shall have the right to demand at his choice from the violator remuneration for damages or payment of remuneration accordance with Article 1301 of the present Code.

Article 1301. Liability for Infringement of an Exclusive Right in a Work 39

In cases of infringement of the exclusive right in a work the author or other rightholder, along with the use of other applicable methods of protection and measures of liability established by the present Code (Articles 1250, 1252, and 1253) shall have the right in accordance with Paragraph 3 of Article 1252 of the present Code to demand at his option from the infringer instead of remuneration for damages the payment of remuneration:

in the amount from ten thousand rubles to five million rubles determined at the discretion of the court;

in double the amount of the value of the copies of the work or of two times the amount of the value of the right of the use of the work determined proceeding from the price which in comparable circumstances is usually taken for the lawful use of the work.

Article 1302. Security for a Claim in Cases of Copyright Infringement

1. A court may forbid a defendant or other person with respect to whom there are sufficient grounds to suppose that he is an infringer of copyright to take specific actions (creation, reproduction, sale, renting out, import, or other use provided by the present Code, and also transportation, storage, or possession) with the purpose of introducing into commercial circulation copies of a work suspected to be counterfeit.

2. The court may impose seizure on all copies of a work suspected to be counterfeit and also on materials and equipment used or meant for their creation or reproduction.

In the presence of sufficient data on the infringement of copyright the bodies of inquiry or investigation shall be obligated to take measures for the finding and seizing of copies of a work with respect to which it is supposed that they are counterfeit and also of materials and equipment used or meant for creation or reproduction of the abovementioned copies of the work, including in necessary cases measures for their taking and transfer for responsible storage.

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