- TITLE I GENERAL PROVISIONS
- TITLE II COPYRIGHT
- Article 5. Scope of Copyright
- Article 6. Subject Matter of Copyright. General Provisions
- Article 7. Works Protected by Copyright
- Article 8. Works Not Protected by Copyright
- Article 9. Origin of Copyright. Presumption of Authorship
- Article 10. Works of Joint Authorship
- Article 11. Copyright of Compilers of Collections and Other Works
- Article 12. Copyright of Translators and Other Authors of Derived Works
- Article 13. Copyright in Audiovisual Works
- Article 14. Copyright in a Service-Related Work
- Article 15. Moral Rights
- Article 16. Economic Rights
- Article 17. Right of Access to Works of Fine Art. Resale Royalty
- Article 18. Reproduction of the Work for Personal Purposes Without the Author's Consent and Without Payment of Remuneration
- Article 19. Use of a Work Without the Author's Consent and Without Payment of Remuneration
- Article 20. Use of Works by Reprographic Reproduction
- Article 21. Free Use of Works Permanently Located in a Public Place
- Article 22. Free Public Performance
- Article 23. Free Reproduction for Judicial Purposes
- Article 24. Free Ephemeral Recording by a Broadcasting Organization
- Article 25. Free Reproduction of Computer Programs and Data Bases. Decompilation of Computer Programs
- Article 26. Reproduction of the Work for Personal Purposes Without the Consent of the Author, but Subject to Payment of Remuneration
- Article 27. Term of Copyright
- Article 28. Public Domain
- Article 29. Transfer of Copyright by Succession
- Article 30. Assignment or Licensing of Economic Rights. Authors' Contracts
- Article 31. Conditions Governing the Author's Contract
- Article 32. Form of the Author's Contract
- Article 33. Commission Contracts
- Article 34. Sanctions in Connection with Author's Contracts
- TITLE III NEIGHBORING RIGHTS
- Article 35. Scope of Neighboring Rights
- Article 36. Subjects of Neighboring Rights
- Article 37. Rights of the Performer
- Article 38. Rights of the Phonogram Producer
- Article 39. Use of a Published Phonogram for Commercial Purposes Without Consent from the Phonogram Producer and the Performer
- Article 40. Rights of the Broadcasting Organization
- Article 41. Rights of the Cable Distribution Organization
- Article 42. Limits of the Rights of the Performer, the Phonogram Producer and the Broadcasting or Cable Distribution Organization
- Article 43. Term of Neighboring Rights
- TITLE IV COLLECTIVE ADMINISTRATION OF ECONOMIC RIGHTS
- Article 44. Objectives of the Collective Administration of Economic Rights
- Article 45. Organizations for the Collective Administration of Economic Rights
- Article 46. Functions of Organizations for the Collective Administration of Economic Rights
- Article 47. Obligations of Organizations for the Collective Administration of Economic Rights
- TITLE V SANCTIONS FOR THE PROTECTION OF COPYRIGHT AND NEIGHBORING RIGHTS
Law on Copyright and Neighboring Rights
No. 5351-I of July 9, 1993
TITLE I GENERAL PROVISIONS
Article 1. Subject of the Law
This Law governs the relations arising from the creation and exploitation of scientific, literary and artistic works (copyright) and of phonograms, performances and the programs of broadcasting or cable distribution organizations (neighboring rights).
Article 2. Legislation of the Russian Federation on Copyright and Neighboring Rights
The legislation of the Russian Federation on copyright and neighboring rights consists of this Law, which forms part of the Civil Code of the Russian Federation and applies to the whole territory of the Russian Federation, other legislative texts of the Russian Federation that are enacted pursuant to this Law, the Law of the Russian Federation on the Legal Protection of Computer Programs and Data Bases, and those legislative texts of the constituent Republics of the Russian Federation that are adopted on the basis of this Law.
Article 3. International Treaties
Where an international treaty to which the Russian Federation is party contains rules different from those specified in this Law, the provisions of the international treaty shall be applicable.
Article 4. Basic Concepts
For the purposes of this Law, the terms given below shall have the meanings specified: 1.author - means the natural person whose creative effort has brought about the creation of a work; 2.audiovisual work - means a work consisting of a fixed series of interconnected images (with or without sound accompaniment) which is intended to be made visible and (where the images are accompanied by sound) audible with the aid of appropriate technical equipment; audiovisual works include cinematographic works and all works expressed by means comparable to cinematography (television films, video films, fixed projections, slide shows and the like), regardless of the manner in which they are initially or subsequently fixed; 3.data base - means an objective form for the representation and organization of a body of data (relating to articles, accounts, etc.), so systematized as to be susceptible of retrieval and processing with a computer; 4.reproduction of a work - means the making of one or more copies of the work or of part of a work in any form, including the form of a sound or visual recording, or the making of one or more three-dimensional copies of a two-dimensional work, or one or more two-dimensional copies of a three-dimensional work; the storage of a work in a computer memory shall also constitute reproduction; 5.reproduction of a phonogram - means the making of one or more copies of a phonogram or part of a phonogram on any physical medium; 6.recording - means the fixing, with technical aids, of sounds or images or both in a material form that permits them to be repeatedly perceived, reproduced or communicated; 7.producer of an audiovisual work - means the natural person or legal entity that has taken the initiative of and responsibility for the production of the work; in the absence of proof to the contrary, the natural person or legal entity named in the customary manner on an audiovisual work shall be considered the producer of that work; 8.phonogram producer - means the natural person or legal entity that has taken the initiative of and responsibility for the first recording of the sounds of a performance or of other sounds; in the absence of proof to the contrary, the natural person or legal entity named in the customary manner on the phonogram or on the sleeve or inlay card thereof shall be considered the producer of the phonogram; 9.performance - means the presentation of works, phonograms, interpretations or renditions by means of acting or playing, recitation, singing or dancing, either live or with technical aids (broadcasting, cable television or the like) or by the showing of the pictures of an audiovisual work (with or without sound accompaniment) in their normal sequence; 10.performer - means the actor, singer, musician, dancer or any other person who performs, recites, declaims, sings, plays on a musical instrument or in any other way presents a literary or artistic work (including a variety turn, circus act or puppet show), and also the producer or director of a show and the orchestra conductor; 11.disclosure of a work - means the act performed with the author's consent which first makes the work accessible to the public by publication, public presentation, public performance, broadcasting or another means; 12.publication - means the putting into circulation of copies of the work or phonogram with the consent of the author of the work or phonogram producer and in sufficient quantity to meet the reasonable needs of the public, due account being taken of the character of the work or phonogram; 13.broadcasting - means the communication to the public of works, phonograms, performances or programs of broadcasting or cable distribution organizations (including broadcasts of the presentation or performance) by means of transmission by radio or television (with the exception of cable television); where works, phonograms, performances or programs of broadcasting or cable distribution organizations are relayed by satellite, broadcasting means the act whereby the satellite receives signals from the ground station and retransmits those signals in such a way that works, phonograms, performances or programs of broadcasting or cable distribution organizations may be communicated to the public, independently of their actual reception by the said public; 14.broadcasting by a broadcasting or cable distribution organization - means the broadcast created by the broadcasting or cable distribution organization itself, or, on its instructions and with its funds, by another organization; 15.presentation of a work - means the fact of showing the original or a copy of the work, either direct or on a screen with the aid of film, photographic slides, television pictures or other technical means, or the fact of showing the individual images of an audiovisual work without concern for their order; 16.broadcasting - means the broadcasting of works, phonograms, performances or programs of broadcasting or cable distribution organizations that have already been broadcast; 17.computer program - means the representation in an objective form of the whole body of data and instructions designed to make a computer or other data processing machine operate to produce a specific result, including the preparatory literature produced while the computer program is being developed and the audiovisual displays generated by the program itself; 18.work of applied art - means a work of art in two or three dimensions applied to objects intended for practical use, craft works or works produced in an industrial process; 19.public presentation, public performance or communication to the public - means any presentation, performance or communication of works, phonograms, performances, other productions or broadcasts of broadcasting or cable distribution organizations, either direct or with technical aids, in a public place or a place in which a large number of persons not belonging to the usual family circle are present, irrespective of whether the works, phonograms, performances, other productions or broadcasts by broadcasting or cable distribution organizations are perceived at the place of the communication or in another place at the same time as the communication; 20.show producer or director - means the person who carries out the direction of a stage, circus, puppet, variety or other performance; 21.reprographic reproduction - means the facsimile reproduction in one or more copies, regardless of the dimensions and form thereof, of originals or copies of written or other graphic works by means of photocopying or with the aid of other technical means different from publishing; reprographic reproduction shall not include the storage or reproduction of the said copies in electronic (including digitized) or optical form, or in any other machine-readable form; 22.rental - means making a copy of a work or phonogram temporarily available for direct or indirect commercial profit; 23.communicate - means to show, perform or broadcast or engage in any other act (except for the distribution of copies of the work or phonogram) whereby the works, phonograms, performances or programs of broadcasting or cable distribution organizations are made audible or visible, whether or not they are actually perceived by the public; 24.communicate to the public by cable - means to communicate works, phonograms, performances or programs of broadcasting or cable distribution organizations to the public by cable, wire, optic fiber or comparable means; 25.phonogram - means any exclusive sound recording of performances or of other sounds; 26.copy of a work - means an exemplar of the work, regardless of the material form in which it is made; 27.copy of a phonogram - means the duplicate of a phonogram, on whatever material medium, made directly or indirectly from the phonogram and incorporating all or some of the sounds recorded thereon. TITLE II COPYRIGHT
Article 5. Scope of Copyright
1.By virtue of this Law, copyright extends: to works, either disclosed or undisclosed, existing in an objective form on the territory of the Russian Federation, regardless of the nationality of the authors and their successors in title; to works, either disclosed or undisclosed, existing in an objective form beyond the borders of the Russian Federation, in respect of which it is accorded to authors who are nationals of the Russian Federation and their successors in title; to works, either disclosed or undisclosed but existing in an objective form beyond the borders of the Russian Federation, in respect of which it is accorded under international treaties to which the Russian Federation is party to authors (and their successors in title) who are nationals of other States. 2.A work shall also be considered published in the Russian Federation if, within the 30 days following the date of its first publication outside the territory of the Russian Federation, it is published on the said territory.
3.Where protection is granted to a work on the territory of the Russian Federation under international treaties to which the Russian Federation is party, the authorship of the work shall be determined by the legislation of the State on the territory of which the legal act occurred that gave rise to the ownership of copyright.
Article 6. Subject Matter of Copyright. General Provisions
1.Copyright extends to scientific, literary and artistic works that are the product of creative work, regardless of the purpose, the merit and the manner of expression thereof.
2.Copyright protects disclosed works and also undisclosed works that exist in an objective form, namely: written form (manuscript, typewritten text, musical score, etc.); oral form (public recitation, public performance, etc.); sound or visual recording (mechanical, magnetic, digital, optical, etc.); figurative form (drawing, sketch, painting, plan, industrial design, still picture from a cinematographic or television or video film, photograph, etc.); three-dimensional form (sculpture, model, mock-up, structure, etc.); any other form. 3.Any part of a work, including the title thereof, that meets the conditions of paragraph 1 of this Article and can be exploited separately affords entitlement to copyright.
4.Ideas, methods, processes, systems, means, concepts, principles, discoveries and facts may not be protected by copyright.
5.The copyright in a work is independent of the ownership of the material object in which the work is expressed.
The transfer of the ownership of the material object or of the right of possession of the material object shall not in itself constitute transfer of any copyright in the work embodied in that object, except as provided in Article 17 of this Law.
Article 7. Works Protected by Copyright
1.The following are protected by copyright: literary works (including computer programs); dramatic or dramatico-musical works and other works with a scenario; choreographic and mimed works; musical works with or without accompanying text; audiovisual works (cinematographic, television and video films, static projections, slide shows and other cinematographic and television productions); works of painting and sculpture, graphic and design works, cartoon strips and other works of figurative art; works of applied art and stage design; works of architecture, urban planning and park and garden design; photographic works and works obtained by processes analagous to photography; geographical, geological and other maps, plans and sketches, and also three-dimensional works relating to geography, topography and other sciences; other works. 2.The protection of computer programs shall extend to all types of computer program, including operating systems, regardless of the language and form in which they are expressed, including the source code and the object code.
3.The following are also protected by copyright: derived works (translations, adaptations, annotations, analyses, summaries, reviews, stage adaptations, arrangements and other transformations of scientific, literary and artistic works); collections (encyclopedias, anthologies, data bases) and other composite works which, by reason of the selection or arrangement of their contents, constitute the result of creative effort. Derived works and composite works shall be protected by copyright whether or not the works on which they are based, or which they themselves include, are protected by copyright.
Article 8. Works Not Protected by Copyright
The following are not protected by copyright: official documents (laws, court decisions, other texts of legislative, administrative or judicial character) and official translations thereof; State emblems and official signs (flags, armorial bearings, decorations, monetary signs and other State symbols and official signs); works of folklore; communications concerning events and facts that have informational character. Article 9. Origin of Copyright. Presumption of Authorship
1.A scientific, literary or artistic work is eligible for copyright by virtue of the mere fact of its creation. The origin and exercise of copyright shall not require either registration of the work or the performance of any other act or formality.
In order to have his rights recognized, the owner may use a copyright notice which should be placed on every copy of the work and should consist of the following three elements: a circled capital letter C: (C ); the name of the owner of the exclusive rights; the year of first publication of the work. 2.In the absence of proof to the contrary, the person named as the author on the original or on a copy of the work shall be deemed the author thereof.
3.Where a published work is anonymous or pseudonymous (unless the author's pseudonym leaves his identity in no doubt), the publisher named on the work shall be presumed, in the absence of proof to the contrary, to represent the author in accordance with this Law and, in that capacity, shall be empowered to defend and exercise the author's rights. This provision shall remain in force until such time as the author of the work reveals his identity and claims authorship of the work.
Article 10. Works of Joint Authorship
1.The copyright in a work that is the product of the joint creative work of two or more persons (work of joint authorship) shall belong jointly to the coauthors, regardless of whether it constitutes an indivisible whole or is composed of parts, each with a relevance of its own.
A part of a work shall be deemed to have a relevance of its own if it can be exploited independently of the other parts of the same work.
Unless otherwise agreed between themselves, each of the coauthors may exploit as he sees fit that part of the work with a relevance of its own that he has created.
2.The right to exploit the whole work shall belong jointly to the coauthors.
The relations between the coauthors may be the subject of an agreement between them.
If the work of the coauthors constitutes an indivisible whole, none of them shall be entitled to prohibit the exploitation of the work without valid reason.
Article 11. Copyright of Compilers of Collections and Other Works
1.The author of a collection or any other composite work (compiler) shall enjoy copyright in the selection or arrangement of subject matter that he has made insofar as that selection or arrangement is the result of a creative effort of compilation.
The compiler shall enjoy copyright subject to respect for the rights of the authors of each work included in the composite work.
Each of the authors of the works included in the composite work shall have the right to exploit his own work independently of the composite work unless the author's contract provides otherwise.
Notwithstanding the copyright of the compiler, any third party may make an independent selection or arrangement of the same subject matter for the purposes of the creation of a composite work of his own.
2.The exclusive right to exploit encyclopedias, encyclopedic dictionaries, collections of scientific works published in either one or several installments newspapers, reviews and other periodical publications shall belong to the editor thereof. The editor shall have the right to mention his name or to demand such mention whenever the said publications are exploited.
The authors of the works included in the said publications shall retain the exclusive rights to exploit their works independently of the publication of the whole work.
Article 12. Copyright of Translators and Other Authors of Derived Works
1.Translators and other authors of derived works shall enjoy copyright in translations, adaptations, arrangements or any other transformations made by them.
The translator or other author of a derived work shall enjoy copyright in the work created by him, subject to the rights of the author of the work that he has translated, adapted, arranged or otherwise transformed.
2.Notwithstanding the copyright of the translator or other author of a derived work, third parties may make their own translations or transformations of the same work.
Article 13. Copyright in Audiovisual Works
1.The following shall be recognized as authors of an audiovisual work: the director or maker; the author of the scenario; the author of the musical work (with or without words) that has been specially created for that audiovisual work (composer). 2.The conclusion of a contract for the making of an audiovisual work shall constitute assignment, by the authors of the work to the producer thereof, of the exclusive rights of reproduction, public performance, communication to the public by cable, broadcasting, or any other public communication of the work, and also the exclusive subtitling and dubbing rights, unless otherwise provided in the contract. The said rights shall operate throughout the period of validity of the copyright in the audiovisual work.
The producer of the audiovisual work shall have the right to mention his name or to demand such mention whenever the work is exploited.
3.In the case of public performance of the audiovisual work, the author of the musical work (with or without words) shall retain the right to remuneration for the public performance of his musical work.
4.The authors of the works constituting the audiovisual work, whether preexisting (for instance, the author of the novel from which the scenario is taken) or created in the making of the audiovisual work (for instance, the camera director or artistic director), shall each enjoy copyright in his work.
Article 14. Copyright in a Service-Related Work
1.The copyright in a work created in the course of duty obligations or in the performance of an assignment expressly given by the employer (service-related work) shall belong to the author of the said work.
2.The exclusive right to exploit the service-related work shall belong to the person to whom the author is bound by employment relations (employer), unless otherwise provided in the contract concluded by the said person with the author.
The amount of the remuneration of the author for each form of use of the service-related work, and the manner of the payment thereof, shall be specified in the contract concluded by the author and employer.
3.The employer shall have the right to mention his name or demand such mention in connection with any exploitation of the service-related work.
4.The provisions of this Article shall not apply to the making, in the course of duty obligations or the performance of an assignment expressly given by the employer, of encyclopedias, encyclopedic dictionaries, collections of scientific works published in one or in several installments newspapers, magazines and periodical publications (Article 11.2 of this Law).
Article 15. Moral Rights
1.The author shall enjoy the following moral rights in relation to his work: the right to have his authorship of the work recognized (right of authorship); the right to exploit the work or to authorize the exploitation thereof, either with the mention of his true name or his pseudonym or without any name being given, that is to say anonymously (right to be named); the right to disclose the work or to authorize the disclosure thereof in any form (right of disclosure), including the right to disavow or withdraw; the right to the protection of the work, including the title thereof, against any distortion or other derogatory act liable to prejudice his honor or dignity (right to the protection of the author's reputation). 2.The author shall have the right to renounce a decision taken earlier to disclose the work (right to disavow or withdraw), provided that the user is indemnified for any damages, including lost earnings, attributable to the said decision. If the work has already been disclosed, the author shall be bound to make the said withdrawal known to the public. He shall then have the right to withdraw from circulation, at his own expense, those copies of the work that have already been made. The provisions of this paragraph shall not apply to service-related works.
3.Moral rights shall belong to the author independently of his economic rights, and the author shall retain them even where the exclusive right to exploit the work is assigned.
Article 16. Economic Rights
1.The author shall enjoy the exclusive right to exploit his works in any form and by any means.
2.The author's exclusive right to exploit the work shall be construed to mean the right to perform or authorize the following acts: reproduction of the work (right of reproduction); distribution of copies of the work by any means, including sale, rental and other means (right of distribution); importation of copies of the work for the purposes of distribution, including that of copies made with the permission of the owner of exclusive rights (right of importation); presentation of the work in public (right of public presentation); performance of the work in public (right of public performance); communication of the work to the public (including showing, performance or broadcasting) by broadcasting or rebroadcasting (right of broadcasting); communication of the work to the public (including showing, performance or broadcasting) by cable, wire or comparable means (right of communication to the public by cable); translation of the work (right of translation); adaptation, arrangement or other transformation of the work (right of adaptation). The exclusive rights of the author in relation to the project for a design work, an architectural work, a work of urban planning or a work of park or garden design shall extend also to the practical realization of the project. Unless otherwise provided by contract, the author of an accepted architectural project shall have the right to demand that the party who commissioned the work allow him to take part in the realization of his project at the stage of the production of the documentary material relating to the construction or at the stage of the actual construction of the building or other structure.
3.Where copies of a lawfully published work have been put into circulation by means of sale, their subsequent distribution shall not require authorization by the author and shall not give rise to the payment of remuneration to the author.
The right to distribute copies of the work by means of rental shall belong to the author without regard to the ownership of the said copies.
4.The amount and the manner of payment of remuneration to the author for each form of exploitation of the work shall be determined by the author's contract and by the contracts that organizations for the collective administration of economic rights conclude with users.