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CHAPTER 71 RELATED RIGHTS

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Russian Civil Code 4 part

CHAPTER 71. RELATED RIGHTS

§ 1. General Provisions

Article 1303. General Provisions

1. Intellectual rights in the results of performing activity (performances), phonograms, communication by wireless means or by wire of radio and television transmissions (broadcasting by broadcasting and cablecasting organizations), in the content of databases, and also works of science, literature, or art first made public after they fall into the public domain shall be rights related to copyright (the related rights).

2. The related rights include the exclusive right and, in cases provided for by the present Code, they also include personal nonproprietary rights.

Article 1304. Objects of Related Rights

1. Objects of related rights are:

1) performances of performing artists and conductors, productions of director-producers of shows (performances) if these performances are expressed in a form allowing their reproduction and distribution by technical means;

2) phonograms, i.e. any solely sound recordings of performances or other sounds or representations thereof, with the exception of sound recording included in an audiovisual work;

3) communications of transmissions of broadcasting and cablecasting organizations, including broadcasts created by a broadcasting or cablecasting organization itself or on its order and at its own expense by another organization;

4) databases - with respect to their protection from unauthorized extraction and repeated use of the data constituting their content;

5) works of science, literature, and art that are made public after they fall into the public domain, with respect to the protection of rights of publishers of such works.

2. Related rights, their exercise and protection shall not be subject to any registration of their object or any other formalities.

3. The granting of protection within the territory of the Russian Federation for objects of related rights in accordance with the international treaties of the Russian Federation shall be conducted with respect to performances, phonograms, communication of transmissions of broadcasting or cablecasting organizations that have not fallen into the public domain in the country of their origin as the result of the expiration of the term established in such country for the validity of the exclusive right to these objects and have not fall into the public domain in the Russian Federation as the result of the expiration of the term provided for by the present Code for the validity of the exclusive right.

Article 1305. Symbol of Protection of Related Rights

The producer of a phonogram and the performer, and any other holder of the exclusive right in the phonogram or performance shall have the right to use for notification of the exclusive right belonging to him by the symbol of protection of related rights, which shall be placed on each original or copy of the phonogram and/or on each case containing it and shall consist of three elements - the Latin letter "P" in a circle, the name or designation of the holder of the exclusive right, and the year of first publication of the phonogram. For such purposes, a copy of the phonogram should mean a reproduction thereof on any material carrier made directly or indirectly from the phonogram and including all the sounds or part of the sounds or their representations fixed in this phonogram. A representation of sounds means their presentation in digital form, the transformation of which into a form comprehendible by hearing requires the use of appropriate technical means.

Article 1306. Use of Objects of Related Rights without the Consent of the Rightholder and Without Payment of Remuneration

Use of objects of related rights without the consent of the rightholder and without payment of remuneration shall be allowed in cases of free use of works (articles 1273, 1274, 1277, 1278, and 1279) and also in other cases provided for by the present Chapter.

Article 1307. Contract for the Alienation of the Exclusive Right in an Object of Related Rights

Under a contract for alienation of the exclusive right in an object of related rights one party, the performer, the producer of the phonogram, the broadcasting or cablecasting organization, the manufacturer of a database, the publisher of a work of science, literature, or art, or other rightholder transfers or becomes obligated to transfer his exclusive right in a respective object of related rights in totality to the other party – the recipient of the exclusive right.

Article 1308. License Contract for Granting the Right to Use an Object of Related Rights

Under a license contract, one party, the performer, producer of a phonogram, the broadcasting or cablecasting organization, the manufacturer of a database, the publisher of a work of science, literature or art or other rightholder (the licensor) grants or becomes obligated to grant the other party (the licensee) the right to use the respective object of related rights within the limits established by a contract.

Article 1309. Technical Means of Protection of Related Rights

The provisions of Articles 1299 and 1311 of the present Code shall be applied correspondingly to any technologies, technical devices or their components that control access to an object of related rights, precluding or limiting the conduct of actions that are not permitted by the rightholder with respect to such an object (technical means of protection of related rights).

Article 1310. Information on a Related Right

The provisions of Articles 1300 and 1311 of the present Code shall apply correspondingly with respect to any information that identifies an object of related rights or the rightholder, or information on the terms of use of this object that is contained on the respective material carrier, is attached to it, or appears in connection with communication by wireless means or by wire or by bringing of this object to the public and also any numbers and codes in which such information (information on the related right) is contained.

Article 1311. Liability for Infringement of the Exclusive Right in an Object of Related Rights

In cases of infringement of an exclusive right in an object of related rights, the holder of the exclusive right, along with the use of other applicable relief 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 payment of remuneration from the infringer instead of damages:

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

in double the amount of the value of copies of the phonogram or in double the amount of the value of the right of use of the object of related rights determined on the basis of the price which, in comparable circumstances, is usually taken for the lawful use of such an object.

Article 1312. Security for a Claim in Cases on the Infringement of Related Rights

For the purpose of security for a claim in cases on the infringement of related rights against a defendant or a person with respect to whom there are sufficient grounds to suppose that he is an infringer of related rights, and also for a claim regarding objects of related rights with respect to which it is suspected that they are counterfeit, the measures provided by Article 1302 of the present Code shall be applied correspondingly.

§ 2. Rights in the Performance

Article 1313. Performer

Performer (author of the performance) is a person by whose creative labor a performance has been created, the performing artist (actor, singer, musician, dancer, or other person who plays a role, reads, declaims, sings, plays a musical instrument or in another way participates in the performance of a work of literature, art, or folk creativity, including a popular, circus, or puppet piece), and also the director-producer of a show (the person conducing the production of a theatrical, circus, puppet, popular, or other theatrical-viewing presentation), and also the conductor.

Article 1314. Related Rights in a Joint Performance

1. Related rights in a joint performance shall belong jointly to the members of the group of performers (actors, participating in a show, orchestra members, and other members of the group of performers) who took part in its creation, regardless of whether such a performance forms an indivisible whole or consists of elements each of which has independent significance.

2. Related rights in a joint performance shall be exercised by the head of the group of performers and, in his absence - by the members of the group of performers jointly unless an agreement among them provides otherwise. If a joint performance forms an indivisible whole, no member of the group of performers shall have the right to prohibit its use without sufficient grounds thereto.

An element of a joint performance the use of which is possible independently of other elements, i.e. an element of independent significance, may be used by the performer that created it at his discretion unless an agreement among the members of the group of performers provides otherwise.

3. The rules of Paragraph 3 of Article 1229 of the present Code shall apply correspondingly to the relations of members of the group of performers connected with the distribution of income from the use of a joint performance.

4. Each member of a group of performers shall have the right to take measures independently for the protection of his related rights in the joint performance including in the case when such performance forms an indivisible whole.

Article 1315. Performer’s Rights

1. The performer shall have:

1) the exclusive right in the performance;

2) the right of authorship - the right to be recognized as the author of the performance;

3) the right to the name - the right to indicate his name or pseudonym on copies of the phonogram and in other cases of the use of the performance, and in the case provided by Paragraph 1 of Article 1314 of the present Code, the right to indicate the designation of the group of performers, except for cases when the nature of the use of the work excludes the possibility of indication of the name of the performer or the name of the group of performers.

4) the right to inviolability of the performance – the right to protection of the performance from any distortion, i.e., from the making changes in the fixation or in the communication by wireless means or by wire leading to the distortion of the meaning or to the violation of the integrity of the perception of the performance.

2. Performers shall execute their rights with respect to the rights of the authors of the works performed.

3. The rights of the performer shall be recognized and shall remain effective regardless of the presence and validity of the copyright to the work performed.

Article 1316. Protection of Authorship, the Name of the Performer and Inviolability of a Performance after the Death of the Performer

1. Authorship and the name of the performer and the inviolability of the performance shall be protected without limit of time.

2. The performer shall have the right to indicate in the course of the procedure provided for designating an executor of a will (Article 1134) the person to whom he entrusts the protection of his name and the inviolability of a performance after his death. This person shall exercise his powers for life.

In the absence of such designations or in case of refusal of the person named by the performer to exercise the corresponding powers and also after the death of this person the protection of the name of the performer and the inviolability of the performance shall be exercised by his heirs, their legal successors, and other interested persons.

Article 1317. Exclusive Right in the Performance

1. The exclusive right to use a performance in accordance with Article 1229 of the present Code in any manner not contrary to law (the exclusive right in the performance) including by means indicated in Paragraph 2 of the present Article shall belong to the performer. The performer may dispose of the exclusive right in the performance.

2. The following shall be considered as the use of a performance:

1) communication by wireless means, i.e., communication of a performance to public by its transmission by radio or television (including by retransmission), with the exception of cable television. In such case communication means any action by means of which a performance becomes accessible for aural and/or visual perception regardless of its factual perception by the public. In communication of a performance by wireless means through a satellite, communication by wireless means is the reception of signals from a ground station at the satellite and transmission of signals from the satellite by means of which a performance may be communicated to public regardless of its actual reception by the public;

2) communication by wire, i.e., communication of a performance to public by way of its transmission by radio or television with the aid of a cable, wire, optical fiber or analogous means (including by retransmission);

3) fixation of a performance, i.e., the fixation of sounds and/or of an image or their representations with the aid of technical means in some material form allowing the realization of their repeated perception, reproduction, or communication;

4) reproduction of a fixation of a performance, i.e., the creation of one or more copies of a phonogram or its part. In this case, the fixation of a performance on an electronic carrier, including fixation in the memory of a computer shall also be considered as reproduction except for cases when such a 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 performance to the public;

5) distribution of a fixation of a performance by way of sale or other alienation of its original or of copies that are reproductions of such a fixation on any material carrier;

6) an action taken with respect to the fixation of a performance and provided for by subparagraphs 1 and 2 of the present Paragraph.

7) bringing the fixation of a performance to the public in such a manner that any person may access the fixation of the performance from any place and at any time at his own choice (communication to the public);

8) public performance of a fixation of a performance, i.e., any communication of the fixation with the aid of technical means in a place open for free attendance or in a place where a significant number of persons not belonging to the usual circle of the family are present, regardless of whether the fixation is perceived at the place of its communication or in another place simultaneously with its communication;

9) renting out of the original or copies of the fixation of the performance.

3. The exclusive right in a performance shall not extend to the reproduction, communication by wireless means or by wire or public performance of a fixation of a performance in cases when such a fixation was made with the consent of the performer and its reproduction, communication by wireless means or by wire or public performance was conducted for the same purposes for which the consent of the performer was obtained at the time of the fixation of the performance.

4. In conclusion of a contract with a performer on the creation of an audiovisual work, the consent of the performer to the use of the performance in the composition of the audiovisual work shall be presumed. The consent of the performer to the separate the use of sound or image fixed in the audiovisual work must be directly expressed in the contract.

5. In cases of use of a performance by a person who is not the performer, the rules of Paragraph 2 of Article 1315 of the present Code shall apply correspondingly.

Article 1318. The Term of Validity of the Exclusive Right in a Performance, the Passage of this Right by Inheritance and the Falling of the Performance into Public Domain

1. The exclusive right in a performance shall be valid for the whole life of the performer, but for not less than fifty years counting from January 1 of the year following the year in which the performance or fixation of a performance or communication of a performance by wireless means or by wire took place.

2. If a performer was repressed and posthumously rehabilitated, the term of validity of the exclusive right shall be considered extended and the fifty years shall be calculated from January 1 of the year following the year of rehabilitation of the performer.

3. If the performer worked during the time of the Great Patriotic War or participated in it, the term of validity of the exclusive right established by Paragraph 1 of the present Article shall be extended by four years.

4. The rules of Article 1283 of the present Code shall be applied correspondingly to the passage of the exclusive right in a performance by inheritance.

5. Upon expiration of the term of validity of the exclusive right in a performance this right shall pass into the public domain. The rules of Article 1282 of the present Code shall be applied correspondingly to a performance that has passed into the public domain.

Article 1319. Levy of Execution upon the Exclusive Right in a Performance and upon the Right of Use of a Performance under a License

1. The exclusive right in a performance belonging to the performer shall not be subject to any levy of execution. However execution may be levied upon the right of a claim of the performer against other persons under contracts for the alienation of the exclusive right in a performance and under license contracts and also upon income received from the use of a performance.

Execution may be levied upon an exclusive right belonging to a person other than the performer and upon the right of use of a performance belonging to a licensee.

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

2. In case of sale of a right belonging to a licensee for the use of a performance at public auction for the purpose of levying execution on this right the performer shall be granted a preferential purchase right.

Article 1320. A Performance Created by Way of Fulfillment of an Employment Task

The rules of Article 1295 of the present Code shall apply correspondingly to the rights in a performance created by a performer in the course of fulfillment of an employment task including the rights in a joint performance created in such a way.

Article 1321. Validity of the Exclusive Right in a Performance within the Territory of the Russian Federation

The exclusive right in a performance shall be valid within the territory of the Russian Federation in the following cases:

the performer is a citizen of the Russian Federation;

the first performance took place within the territory of the Russian Federation;

the performance was fixed in a phonogram protected in accordance with the provisions of Article 1328 of the present Code;

the performance not fixed in a phonogram was included in a communication by wireless means or by wire which is protected in accordance with the provisions of Article 1332 of the present Code;

in other cases provided for in the international treaties of the Russian Federation.

§ 3. Right in a Phonogram

Article 1322. Producer of Phonogram

Producer of a phonogram is a person, which undertook the initiative and responsibility for the first fixation of the sounds of a performance or other sounds or representations of these sounds. In the absence of proof to the contrary, the producer of the phonogram shall be considered to be the person, whose name or designation is indicated in the usual manner on a copy of the phonogram and/or on its package.

Article 1323. Rights of the Producer of Phonogram

1. The producer of a phonogram shall have:

1) the exclusive right to the phonogram;

2) the right to indicate on copies of the phonogram and/or their package his name or designation;

3) the right to protect the phonogram from distortion in the course of its use;

4) the right to make the phonogram public, i.e., to conduct an action that for the first time makes the phonogram accessible to public by way of its publishing, public showing, public performance, communication by wireless means or by wire or in another manner. In such a case publication (release) is the release into circulation of copies of a phonogram with the consent of the producer in a number sufficient for the satisfaction of the reasonable requirements of the public.

2. The producer of a phonogram shall exercise his rights with respect to the rights of the authors of the works and the rights of performers.

3. The rights of a producer of a phonogram shall be recognized and shall be effective regardless of the presence and validity of copyright rights and performers' rights.

4. The right to indicate one's own name or designation on copies of a phonogram and/or their package and the right to protect the phonogram from distortion shall be effective and protected in the course of the whole life of a person or until the termination of a legal entity that was the producer of the phonogram.

Article 1324. The Exclusive Right in a Phonogram

1. The exclusive right to use a phonogram in accordance with Article 1229 of the present Code in any manner not contrary to law (the exclusive right to a phonogram), including by the means indicated in Paragraph 2 of the present Article shall belong to the producer of the phonogram. The producer of a phonogram may dispose of the exclusive right to a phonogram.

2. The following shall be considered to be the use of a phonogram:

1) public performance, i.e., any communication of the phonogram with the aid 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 are present, regardless of whether the phonogram is perceived in the place of its communication or in another place simultaneously with its communication;

2) communication by wireless means, i.e., communication of a phonogram to public by means of its transmission by radio or television (including by retransmission) with the exception of communication by wire. In such case communication shall mean any action by means of which a phonogram becomes accessible for aural perception regardless of its actual perception by the public. In case of communication of a phonogram by wireless means through a satellite, communication by wireless means receipt of signals from a land station at the satellite and transmission of signals from the satellite by means of which the phonogram may be brought to public regardless of its actual reception by the public;

3) communication by wire, i.e., communication of a phonogram to public means of its transmission by radio or television with the aid of a cable, wire, optical fiber or analogous means (including by way of retransmission);

4) communication of a phonogram to the public in such a manner that a person may obtain access to the phonogram from any place and at any time of his own choice (communication to the public);

5) reproduction, i.e., the creation of one or more copies of a phonogram or a part of a phonogram. In such case the fixation of a phonogram or a part of a phonogram on an electronic media, including fixation in the memory of a computer shall also be considered as reproduction, except for cases when such fixation is temporary and constitutes an inseparable and essential part of a technological process having as its sole purpose the lawful use of the fixation or lawful communication of the phonogram to public;

6) distribution of a phonogram by way of sale or other alienation of the original or copies that are a copy of the phonogram on any material carrier;

7) import of the original or copies of a phonogram for the purpose of distribution including copies prepared with the permission of the rightholder;

8) renting out of the original and copies of a phonogram;

9) reworking of a phonogram.

3. A person lawfully conducting the reworking of a phonogram shall obtain a related right to the reworked phonogram.

4. In case of the use of a phonogram by a person other than its producer, the rules of Paragraph 2 of Article 1323 of the present Code shall apply correspondingly.

Article 1325. Distribution of the Original or Copies of a Published Phonogram

If the original or copies of a lawfully published phonogram have been introduced into commercial circulation within the territory of the Russian Federation by way of their sale or other alienation, further distribution of the original or copies shall be allowed without the consent of the holder of the exclusive right in the phonogram and without payment of remuneration to him.

Article 1326. Use of a Phonogram Published for Commercial Purposes

1. Public performance of a phonogram published for commercial purposes and also its communication by wireless means or by wire shall be allowed without the permission of the holder of the exclusive right in the phonogram and of the holder of the exclusive right in the performance fixed in this phonogram, but with payment of remuneration to them.

2. The collection of remuneration from users provided for in Paragraph 1 of the present Article and the distribution of this remuneration shall be conducted by collective management organizations having state accreditation for the respective types of activity (Article 1244).

3. The remuneration provided for by Paragraph 1 of the present Article shall be distributed among the rightholders in the following proportion: fifty percent to the performers, fifty percent to the producers of the phonograms. The distribution of the remuneration among specific performers and producers of phonograms shall be conducted in proportion to the actual use of the respective phonograms. The procedure for the collection, distribution, and payment of remuneration shall be established by the Government of the Russian Federation.

4. The users of phonograms must provide the collective management organization with reports on the use of phonograms and also other information and documents necessary for the collection and distribution of remuneration.

Article 1327. The Term of Validity of the Exclusive Right in a Phonogram, Passage of this Right to Legal Successors and Falling of the Phonogram into the Public Domain

1. The exclusive right in a phonogram shall be valid during the course of fifty years, counting from January 1 of the year following the year in which the fixation was made. In case of making the phonogram public, the exclusive right shall be valid during the course of fifty years, counting from January 1 of the year following the year in which it was made public, on the condition that the phonogram was made public within the course of fifty years after the fixation.

2. The exclusive right in a phonogram shall pass to the heirs and other legal successors of the producer of the phonogram within the limits of the remaining part of the terms indicated in Paragraph 1 of the present Article.

3. Upon the expiration of the term of validity of the exclusive right in a phonogram, it falls into public domain. The rules of Article 1282 of the present Code shall be applied correspondingly to a phonogram that has fallen into public domain.

Article 1328. Validity of the Exclusive Right in a Phonogram within the Territory of the Russian Federation

The exclusive right in a phonogram shall be valid within the territory of the Russian Federation in cases when:

the producer of the phonogram is a citizen of the Russian Federation or a Russian legal entity;

the phonogram was made public or copies thereof were first publicly distributed within the territory of the Russian Federation;

in other cases provided for by international treaties of the Russian Federation.

§ 4. Rights of Broadcasting and Cablecasting Organizations

Article 1329. Broadcasting and Cablecasting Organizations

A legal entity that conducts communication by wireless means or by wire of radio or television transmissions (the totality of sounds and/or images or their representations) shall a broadcasting or cablecasting organization.

Article 1330. Exclusive Right to Communicate Radio or Television Transmissions

1. A broadcasting or cablecasting organization shall possess the exclusive right to use a lawfully conductible or conducted communication by it by wireless means or by wire of transmissions in accordance with Article 1229 of the present Code by any means not contrary to the law (the exclusive right communicate radio or television transmissions), including by the means indicated in Paragraph 2 of the present Article. A broadcasting or cablecasting organization may dispose of the exclusive right to communicate radio or television transmissions.

2. The following shall be considered to be the use of a communication of a radio or television transmission (of a broadcast):

1) fixation of the communication of a radio or television transmission, i.e., the fixation of sounds and/or an image or their representations using technical means in any material form that allows the execution of its repeated perception, reproduction, or communication;

2) reproduction of a fixation of a communication of a radio or television transmission, i.e., the creation of one or more copies of a fixation of a communication of a radio or television transmission or of part thereof. In this case the fixation of a communication of a radio or television transmission on an electronic carrier, including fixation in the memory of a computer shall also be considered to be a reproduction with the exception of the case when such fixation is temporary and constitutes an inseparable and essential part of a technological process having as its sole purpose the lawful use of a fixation or lawful bringing of communication of a radio or television transmission to the public;

3) distribution of the communication of a radio or television transmission by sale or other alienation of the original or copies of the communication fixation of a radio or television transmission;

4) retransmission, i.e. communication by wireless means (including via satellite) or by wire of a radio or television transmission by one broadcasting or cablecasting organization simultaneously with the receipt by it of the communication of this transmission from another such organization;

5) bringing a communication of a radio or television transmission to to the public in such a way that any person may obtain access to the communication of the radio or television transmission from any place and at any time of his own choosing (communication to the public);

6) public performance, i.e., any communication of a radio or television transmission with the aid of technical means at places with paid entrance regardless of whether it is received at the place of communication or at another place simultaneously with communication.

3. Both retransmission of a radio or television transmission by wireless means and also communication of it by wire shall be considered to be use of a communication of a radio or television transmission of a broadcasting or cablecasting organization.

Both retransmission of a radio or television transmission by wire and also communication of it by wireless means shall be considered as use of a communication of a radio or television transmission of a cablecasting organization.

4. The rules of Paragraph 3 of Article 1317 of the present Code shall be applied correspondingly to the right of use of a communication of a radio or television transmission.

5. A broadcasting and cablecasting organization shall execute its rights with the respect to the rights of authors of the works, the rights of performers and in appropriate cases – of holders of the rights to a phonogram and the rights of other broadcasting and cablecasting organizations to communications of radio and television transmissions.

6. The rights of broadcasting or cablecasting organizations shall be recognized and shall be effective regardless of the presence and validity of copyright rights, performers' rights, and also rights in a phonogram.

Article 1331. The Term of Validity of the Exclusive Right to Communicate a Radio or Television Transmission, Passage of this Right to Legal Successors and Falling of Communication of a Radio or Television Transmission into the Public Domain

1. The exclusive right in a communication of a radio or television transmission shall be valid during the course of fifty years, counting from January 1 of the year following the year in which communication of the radio or television transmission by wireless means or by wire took place.

2. The exclusive right in a communication of a radio or television transmission shall pass to legal successors of a broadcasting or cablecasting organization within the limits of the remaining part of the term indicated in Paragraph 1 of the present Article.

3. Upon the expiration of the term of validity of the exclusive right in a communication of a radio or television transmission it shall falls into the public domain. The rules of Article 1282 of the present Code shall apply correspondingly to the communication of a radio or television transmission that has fallen into the public domain.

Article 1332. Effect of the Exclusive Right to Communication of a Radio or Television Transmission within the Territory of the Russian Federation

The exclusive right in a communication of a radio or television transmission shall be effective within the territory of the Russian Federation if a broadcasting or cablecasting organization is located within the territory of the Russian Federation and conducts communication using transmitters located within the territory of the Russian Federation and also in other cases provided for in international treaties of the Russian Federation.

§ 5. The Right of the Maker of a Database

Article 1333. Maker of a Database

1. The maker of a database is the person who has organized the creation of a database and work for the collection, processing, and placing of the data constituting it. In the absence of proof of the contrary, a person or legal entity whose name or designation is indicated in the usual manner on a copy of the database and/or on its package shall be considered to be the maker of the database.

2. The maker of a database shall possess:

the exclusive right of the maker of a database;

the right to indicate on copies of the database and/or package thereof his name or designation.

Article 1334. Exclusive Right of the Maker of a Database

1. The exclusive right to extract materials from a database and to conduct their subsequent use in any form and by any means (the exclusive right of the maker of a database) shall belong to the maker of a database the creation of which (including the processing or presentation of the corresponding data) requires substantial financial, material, organizational, and other expenditures. The maker of the database may dispose of the aforesaid exclusive right. In the absence of proof of the contrary, a database containing not less than ten thousand independent information elements (or materials) constituting the content of the database (second subparagraph of Paragraph 2 of Article 1260) shall be recognized as a database the creation of which requires substantial expenditures.

No one shall have the right to extract materials from a database and to conduct their subsequent use without the permission of the rightholder except in the cases provided by the present Code. In this case extraction of materials means the transfer of the whole content of a database or of a significant part of the materials constituting it into another information carrier with the use of any technical means and in any form.

2. The exclusive right of the maker of a database shall be recognized and shall be effective regardless of the presence and validity of copyright and other exclusive rights of the maker of the database and other persons to the materials constituting the database and also to the database as a whole as a compiled work.

3. A person lawfully using a database shall have the right without the permission of the rightholder to extract materials from such database and to conduct their subsequent use for personal, scholarly, educational, and other noncommercial purposes in an amount justified by the aforesaid purposes and to the degree by which such actions do not infringe the copyright rights of the maker of the database and other persons.

The use of materials extracted from a database, in a way presupposing the receipt of access thereto by an unlimited group of people must be accompanied by an indication of the database from which these materials were extracted.

Article 1335. The Term of Validity of the Exclusive Right of the Maker of a Database

1. The exclusive right of the maker of a database shall arise at the time of completion of its creation and shall be effective during the course of fifteen years counting from January 1 of the year following the year of its creation. The exclusive right of the maker of a database made public in the aforesaid term shall be effective during the course of fifteen years counting from January 1 of the year following the year of its being made public.

2. The terms provided by Paragraph 1 of the present Article shall be renewed upon each renewal of the database.

Article 1336. Validity of the Exclusive Right of the Maker of a Database within the Territory of the Russian Federation

1. The exclusive right of the maker of a database shall be effective within the territory of the Russian Federation in the following cases:

when the maker of the database is a citizen of the Russian Federation or a Russian legal person;

when the maker of the database is a foreign citizen or a foreign legal person on the condition that the legislation of the respective foreign state provides on its territory protection for the exclusive right of the maker of databases the maker of which is a citizen of the Russian Federation or a Russian legal person;

in other cases provided by international treaties of the Russian Federation.

2. If the maker of the database is a person without citizenship, depending upon whether this person has his place of residence within the territory of the Russian Federation or within the territory of a foreign state, the rules of Paragraph 1 of the present Article relating to citizens of the Russian Federation or to foreign citizens shall be applied correspondingly.

§ 6. Right of the Publisher in Works of Science, Literature, or Art

Article 1337. Publisher

1. Publisher is a person who lawfully made public or organized the making public of a work of science, literature, or art previously not made public and that has fallen into the public domain (Article 1282) or that is in the public domain by virtue of the fact that it is not protected by copyright.

2. The rights of the publisher shall extend to works that, regardless of the time of their creation, could have been recognized as objects of copyright in accordance with the rules of Article 1259 of the present Code.

3. The provisions provided by the present Section do not cover works that are in state and municipal archives.

Article 1338. Rights of the Publisher

1. The following shall belong to the publisher:

1) the exclusive right of the publisher to a work made public by him (Paragraph 1 of Article 1339);

2) the right to indicate his name on copies of a work made public by him and in other cases of its use including in translation or other reworking of a work.

2. On making the work public, the publisher is obligated to observe the conditions provided by Paragraph 3 of Article 1268 of the present Code.

3. The publisher during the term of validity of the exclusive right of the publisher to a work shall possess the powers indicated in the second subparagraph of Paragraph 1 of Article 1266 of the present Code. A person to whom the exclusive right of a publisher to a work has passed shall possess the same powers.

Article 1339. Exclusive Right of the Publisher in a Work

1. The exclusive right to use a work in accordance with Article 1229 of the present Code (the exclusive right of a publisher to a work) by the means provided for by subparagraphs 1-8 and 11 of Paragraph 2 of Article 1270 of the present Code shall belong to the publisher of a work. The publisher of a work may dispose of the aforesaid exclusive right.

2. The exclusive right of a publisher in the work shall be recognized also in the case when the work was made public by the publisher in a translation or in the form of some other reworking. The exclusive right of the publisher to the work shall be recognized and shall be effective regardless of the presence and validity of copyright of the publisher or of other persons to the translation or to other reworking of the work.

Article 1340. The Term of Validity of the Exclusive Right of the Publisher in a Work

The exclusive right of a publisher in a work shall arise at the time of making the work public and shall be effective during the course of twenty-five years counting from January 1 of the year following the year of making it public.

Article 1341. Validity of the Exclusive Right of the Publisher in a Work within the Territory of the Russian Federation

1. The exclusive right of a publisher shall extend to works:

1) made public within the territory of the Russian Federation regardless of the citizenship of the publisher;

2) made public outside the territory of the Russian Federation by a citizen of the Russian Federation;

3) made public outside the territory of the Russian Federation by a foreign citizen or a person without citizenship on the condition that the legislation of the foreign state in which the work was made public provides for protection on its territory for the exclusive right of a publisher who is a citizen of the Russian Federation;

4) In other cases provided for by international treaties of the Russian Federation.

2. In the case indicated in numbered subparagraph 3 of Paragraph 1 of the present Article the term of validity of the exclusive right of the publisher to a work within the territory of the Russian Federation may not exceed the term of validity of the exclusive right of the publisher to a work established in the state within the territory of which the legal fact took place that served as the basis for obtaining such exclusive right.

Article 1342. Pre-term Termination of the Exclusive Right of a Publisher in a Work

The exclusive right of a publisher in a work may be pre-term terminated by judicial procedure on a suit by an interested person if in the course of the use of the work the rightholder is violating the requirements of the present Code with respect to the protection of authorship, the name of the author, or the inviolability of the work.

Article 1343. Alienation of the Original of a Work and the Exclusive Right of the Publisher in a Work

1. In case of alienation of the original of a work (manuscript, the original of a work of painting, sculpture, or other like work) by its owner holding the exclusive right of the publisher in the alienated work, this exclusive right shall pass to the recipient of the original of the work unless a contract provides otherwise.

2. If the exclusive right of a publisher in a work has not passed to the recipient of the original of a work, the recipient shall have the right without the consent of the holder of the exclusive right of the publisher to use the original of the work in the manners indicated in the second subparagraph of Paragraph 1 of Article 1291 of the present Code.

Article 1344. Distribution of the Original or Copies of a Work Protected by the Exclusive Right of a Publisher

If the original or copies of a work made public in accordance with the present Section have been lawfully introduced into commercial circulation by means of their sale or other alienation, further distribution of the original or copies shall be allowed without the consent of the publisher and without payment of remuneration to him.

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