Russian Federation

Law on Copyright and Neighboring Rights

Table of contents ^(*)

Article

Title I General Provisions 1-4

Title II Copyright 5-32

Title III Neighboring Rights 33-43

Title IV Collective Administration of Economic Rights 44-47

Title V Sanctions for the Protection of Copyright and Neighboring Rights 48-50

Date of Law (No. 5 3 5 14): July 9, 1993.

Date of entry into force of the Law: August 3, 1993.

(*) Added

TITLE I GENERAL PROVISIONS

Subject of the Law

Article 1. 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).

Legislation of the Russian Federation on Copyright and Neighboring Rights

Article 2. 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.

International Treaties

Article 3. 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.

Basic Concepts

Article 4. For the purposes of this Law, the terms given below shall have the meanings specified:

• "author" means the natural person whose creative effort has brought about the creation of a work;
• "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;
• "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;
• "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;
• "reproduction of a phonogram" means the making of one or more copies of a phonogram or part of a phonogram on any physical medium;
• "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;
• "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;
• "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;
• "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;
• "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;
• "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;
• "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;
• "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;
• "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;
• "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;
• "rebroadcasting" means the broadcasting of works, phonograms, performances or programs of broadcasting or cable distribution organizations that have already been broadcast;
• "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,
• "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;
• "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;
• "show producer or director" means the person who carries out the direction of a stage, circus, puppet, variety or other performance;
• "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;
• "rental" means making a copy of a work or phonogram temporarily available for direct or indirect commercial profit;
• "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;
• "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;
• "phonogram" means any exclusive sound recording of performances or of other sounds;
• "copy of a work" means an exemplar of the work, regardless of the material form in which it is made;
• "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

Scope of Copyright

Article 5. 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.

Subject Matter of Copyright. General Provisions

Article 6. 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.

Works Protected by Copyright

Article 7. 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 analogous 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 programs, 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.

Works Not Protected by Copyright

Article 8. 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.

Origin of Copyright. Presumption of Authorship

Article 9. 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: ;
• 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.

Works of Joint Authorship

Article 10. 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, one of them shall be entitled to prohibit the exploitation of the work without valid reason.

Copyright of Compilers of Collections and other Works

Article 11. 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.

Copyright of Translators and Other Authors of Derived Works

Article 12. 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.

Copyright in Audiovisual Works

Article 13. 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.

Copyright in a Service-Related Work

Article 14. 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 (paragraph 2 of Article 11 of this Law).

Moral Rights

Article 15. 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.

Economic Rights

Article 16. 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.

5. The rights of authors specified in paragraph 2 of this Article shall be subject to the limitations specified in Articles 17 to 27 of this Law, which shall apply insofar as the uses in question do not unjustifiably prejudice the normal exploitation of the work and do not without valid reason violate the legitimate interests of the author.

Right of Access to Works of Fine Art. Resale Royalty

Article 17. 1. The author of a work of fine art shall have the right to demand of the owner of the work that he allow him to exercise the right of reproduction of his work (right of access), provided that the owner of the work may not be bound to deliver the work to the author to that end.

2. The transfer of ownership of a work of fine art (whether for consideration or free of charge) from the author to a third party shall constitute the first sale of that work.

For each public resale of a work of fine art (sale by auction or at an art gallery or exhibition, in a shop, etc.), effected at a price at least 20% in excess of that of the previous sale, the seller shall pay the author remuneration representing 5% of the resale price (resale royalty). That right is inalienable and transferable only to the author's legal heirs throughout the duration of the copyright.

Reproduction of the Work for Personal Purposes Without the Author's Consent and Without Payment of Remuneration

Article 18. 1. The reproduction of a lawfully disclosed work for exclusively personal purposes shall be authorized without need for the author's consent or payment of remuneration, except in the cases provided for in Article 26 of this Law.

2. The provisions of paragraph 1 of this Article shall not apply:

• to the reproduction of works of architecture in the form of comparable buildings and structures;
• to the reproduction of data bases or substantial parts of data bases;
• to the reproduction of computer programs, except in the cases provided for in Article 25 of this Law;
• to the reproduction of books (in their entirety) and musical scores.

Use of a Work Without the Author's Consent and Without Payment of Remuneration

Article 19. The following shall be authorized without the author's consent and without payment of remuneration, but provided that the name of the author whose work is used and the source of the borrowing are mentioned:

(1) the quotation, in the original language or in translation, for scientific or for research, polemic, critical or informational purposes and to the extent justified by the intended purpose, of extracts from lawfully disclosed works, including the reproduction of extracts from newspaper and magazine articles in press reviews;

(2) the use of lawfully disclosed works and of extracts from such works for the purpose of illustration in publications, radio or television broadcasts or sound or visual recordings of educational character, and to the extent justified by the intended purpose;

(3) the reproduction in newspapers, the broadcasting or communication to the public by cable of articles published in newspapers or magazines on economic, political, social or religious topics, or of broadcast works of the same nature, insofar as the author has not expressly prohibited such reproduction, broadcast or cable communication;

(4) the reproduction in newspapers, the broadcasting or communication to the public by cable of political speeches, addresses, lectures and other works of the same nature given in public, to the extent justified by an informational purpose. The author shall nevertheless retain the right to publish those works in collections;

(5) the reproduction or communication to the public, in connection with the reporting of current events by means of photography, broadcasting or public cable communication, of works that are seen or heard in the course of such events, to the extent justified by an informational purpose. The author shall nevertheless retain the right to publish such works in collections;

(6) the reproduction in Braille or by other special means for the benefit of the blind, done without gainful intent, of lawfully disclosed works, with the exception of works created especially for such means of reproduction.

Use of Works by Reprographic Reproduction

Article 20. It shall be permissible, without the author's consent and without payment of remuneration, but provided that the name of the author whose work is used and the source of the borrowing are mentioned, to make a reprographic reproduction in one copy and without gainful intent:

(1) of a lawfully published work insofar as the reproduction is the work of a library or archive service and its purpose is to restore or replace lost or damaged copies, or to place copies at the disposal of other libraries that for any reason have lost works from their own collections;

(2) of isolated articles or succinct works lawfully published in collections, newspapers or other periodical publications, or of short extracts from lawfully published written works (with or without illustrations), if the reproduction is the work of a library or archive service and it is done to meet the requirements of natural persons who will make use of the copies so obtained for study or research purposes;

(3) of isolated articles or succinct works lawfully published in collections, newspapers or other periodical publications, or of short extracts from lawfully published written works (with or without illustrations), if the reproduction is the work of an educational establishment and the copy obtained is intended for classroom use.

Free Use of Works Permanently Located in a Public Place

Article 21. The reproduction, broadcasting or communication to the public by cable of architectural works, photographic works and works of fine art permanently located in a public place shall be permissible without the author's consent and without payment of remuneration, except where the presentation of the work constitutes the main feature of the said reproduction, broadcast or communication to the public by cable, if it is used for commercial purposes.

Free Public Performance

Article 22. The public performance of musical works in the course of official or religious ceremonies and at funerals shall be permissible without the author's consent and without payment of remuneration, to the extent justified by the nature of the said ceremonies.

Free Reproduction for Judicial Purposes

Article 23. The reproduction of works for the purposes of judicial proceedings, to the extent justified by the said purposes, shall be permissible without the author's consent and without payment of remuneration.

Free Ephemeral Recording by a Broadcasting Organization

Article 24. A broadcasting organization may, without the author's consent and without payment of any additional remuneration, make an ephemoral recording of the work for which it has obtained the right of broadcasting, on condition that the organization makes the recording with its own equipment and facilities and for the purposes of its own broadcasts. The broadcasting organization is obliged to destroy the recording within six months after it was made, except where a longer period has been agreed upon with the author of the work recorded. The recording may be preserved in official archives without the author's consent if it is of purely documentary character.

Free Reproduction of Computer Programs and Data Bases, Decompilation of Computer Programs

Article 25. 1. Any person lawfully in possession of a copy of a computer program or data base may, without permission from the author or any other owner of the exclusive right to exploit the work and without paying any additional remuneration,

(1) make alterations to the computer program or data base, where the purpose thereof is solely to ensure their operation on the user's material, and perform any act in relation to the operation of the computer program or data base according to its intended purpose, including any inputting or storing in a memory (that of an individual computer or that of one of the computers in a network), and also correct obvious errors, except where otherwise provided in the contract concluded with the author;

(2) make a copy of the computer program or data base, provided that the copy is intended solely for archiving and for the replacement of a lawfully acquired copy in the event of the latter having been lost, destroyed or rendered useless, on the understanding that the copy of the computer program or data base may not be used for purposes other than those specified in subparagraph (1) of this paragraph, and that it must be destroyed should the possession of the copy of the computer program or data base cease to be lawful.

2. Any person lawfully in possession of a copy of a computer program may, without permission from the author or any other owner of exclusive rights, and without paying any additional remuneration, reproduce or convert the object code making it into a source code (decompile the program) or have such acts performed by third parties, if they are essential to ensure the interactive capabilities of a computer program independently created by that person with other programs compatible with the program so decompiled, in which case the following conditions have to be fulfilled or observed:

(1) the person concerned must not previously have had access to other sources capable of providing him with the information necessary to ensure the interactive capability;

(2) the acts mentioned must only be performed in relation to the parts of the computer program the decompilation of which is essential to the achievement of the interactive capability;

(3) the information obtained by decompilation may only be used for the achievement of the interactive capability of the independently created computer program with other programs; the information may not be passed on to third parties, except where necessary to ensure the interactive capability of the independently created computer program with other programs and it may not be used for the development of a computer program of a type essentially comparable to the decompiled computer program, or for the performance of any other act prejudicial to copyright.

3. The application of the provisions of this Article must neither unjustifiably affect the normal exploitation of the computer program or data base or, without valid grounds, prejudice the legitimate interests of the author or any other owner of exclusive rights in the computer program or data base.

Reproduction of the Work for Personal Purposes Without the Consent of the Author, but Subject to Payment of Remuneration

Article 26. 1. Notwithstanding the provisions of Articles 37 and 38 of this Law, the reproduction of an audiovisual work or sound recording of a work for exclusively personal purposes shall be permissible without the consent of the author of the work, performer and phonogram producer, but subject to payment of remuneration to them.

2. The remuneration for the reproduction referred to in paragraph 1 of this Article shall be paid by the manufacturers or importers of the equipment (sound recording equipment, videocassette recorders, etc.) and of the recording material (tape and cassettes for sound or video recording, optical discs, compact discs, etc.) used for the reproduction.

The collection and distribution of the remuneration shall be effected by one of the organizations for collective administration of the economic rights of authors, phonogram producers and performers under an agreement concluded with the said organization (Article 44 of this Law). Except where otherwise provided in the agreement, the remuneration shall be distributed as follows: 40% to the authors, 30% to the performers and 30% to the phonogram producers.

The amount of the remuneration and the manner of its payment shall be determined by agreement between the aforementioned manufacturers and importers on the one hand and the organizations for collective administration of the economic rights of authors, phonogram producers and performers on the other hand, and, if the parties fail to agree, by an agency of the Russian Federation especially empowered to do so.

3. No remuneration shall be paid for the recording equipment and material referred to in the first subparagraph of paragraph 2 of this Article that are exported or constitute professional equipment and material not intended to be used for home recording.

Term of Copyright

Article 27. 1. Copyright shall have effect throughout the lifetime of the author and for 50 years after his death, except as provided in this Article.

The author's right to claim authorship of his work, his right to be named as such and his right to protection for his reputation shall be protected without limitation in time.

2. The author may, according to procedures identical to those for the appointment of an executor, specify the person to whom he entrusts the protection of the right of authorship, the right to be named and the right to protection for his reputation after his death. That person shall fulfill his mandate throughout his life.

Where no such person has been named, the protection of the right of authorship, the right to be named as author and right to protection for the author's reputation shall be ensured after the author's death either by his heirs or by an agency of the Russian Federation especially empowered to do so and which shall likewise ensure such protection in the absence of heirs or where the heirs' copyright has lapsed.

3. The copyright in an anonymous or pseudonymous work shall have effect for 50 years following the date of the lawful disclosure thereof.

If, in the course of that period, the author of the anonymous or pseudonymous work reveals his identity, or if that identity is no longer in doubt, the provisions of the first subparagraph of paragraph 1 of this Article shall be applicable.

4. The copyright in a work of joint authorship shall have effect until the death of the last surviving coauthor and for 50 years thereafter.

5. Copyright in a posthumous work shall have effect for 50 years following the publication of the work.

If the author has been rehabilitated posthumously after having been the subject of repressive measures, the period of protection of rights under this Article shall begin on January 1 of the year following that of the said rehabilitation.

If the author worked during the Great Patriotic War or took part in that War, the period of protection of rights under this Article shall be prolonged by four years.

6. Any period under this Article shall be calculated as from January 1 of the year following that in which the legal act occurred that marks the starting point of the period.

Public Domain

Article 28. 1. On the expiration of the term of the copyright in a work, the work shall fall into the public domain.

Works that have never enjoyed protection on the territory of the Russian Federation shall likewise be deemed fallen into the public domain.

2. Works that have fallen into the public domain may be freely used by any person without payment of remuneration. However, the author's right to claim authorship, his right to be named as such and his right to protection for his reputation as author shall be respected (Article 15 of this Law).

3. The Government of the Russian Federation may specify those cases in which the use, on the territory of the Russian Federation, of works that have fallen into the public domain should give rise to the payment of a special royalty. That royalty shall be paid into an author's professional fund or to an organization for the collective administration of the economic rights of authors, and it may not exceed 1% of the revenue derived from the use of the work in question.

Transfer of Copyright by Succession

Article 29. Copyright is transferable by succession.

The right of authorship, the right to be named and the right to protection for the reputation of the author of the work shall not be transferable by succession. The heirs of the author may ensure the defense of those rights without limitation in time.

Where the author has no heirs, the defense of the rights in question shall be ensured by an agency of the Russian Federation especially empowered to do so.

Assignment or Licensing of Economic Rights, Authors' Contracts

Article 30. 1. The assignment or licensing of economic rights referred to in Article 16 of this Law shall be effected by means of an author's contract except as provided in Articles 18 to 26 of this Law.

Economic rights may be the subject of an author's contract for the assignment of exclusive rights or an author's contract for the licensing of non-exclusive rights.

2. The author's contract for the assignment of exclusive rights shall allow only that person to whom the rights have been assigned to exploit the work by a specified means and within the limits set by the contract, and shall confer on that person the right to prohibit any comparable exploitation of the work by third parties.

The right to prohibit third parties from exploiting the work may be exercised by the author of the work where the person to whom the exclusive rights have been assigned does not avail himself of that right.

3. The author's contract for the licensing of non-exclusive rights shall allow the licensee to exploit the work under the same conditions as the owner of the exclusive rights who has granted those rights to him, or as other persons who have obtained permission to exploit the work by the same means.

4. The rights to which an author's contract relates shall be deemed non-exclusive where the contract contains no express provisions to the contrary.

Conditions Governing the Author's Contract

Article 31. 1. The author's contract shall specify: the modes of exploitation of the work (the specific rights assigned or licensed under the contract), the period and the territory for which the rights are assigned or licensed, the amount of the remuneration payable for each of the modes of exploitation of the work, or the methods for the calculation of the amount of that remuneration, the procedures and the periods for the payment of the remuneration and such other conditions as the parties may consider essential for the contract concerned.

If the author's contract does not specify the period for which the rights are assigned or licensed, the author may terminate it on the expiration of a period of five years, following its conclusion, subject to advance notice of six months.

If the author's contract does not specify the territory for which the rights are assigned or licensed, the rights concerned by the contract shall have effect only on the territory of the Russian Federation.

2. All the rights of exploitation of the work that are not expressly assigned or licensed under the author's contract shall be deemed not to have been assigned or licensed.

The author's contract may not relate to exploitation rights that are not known at the time of its conclusion.

3. The author's contract shall specify remuneration in the form of a percentage of the revenue derived from exploitation of the work by the intended means or, where that is not possible in view of the nature of the work or the particular circumstances of the exploitation thereof, in the form of a lump sum or in any other manner.

The minimum rates for the remuneration of the author shall be set by the Council of Ministers, the Government of the Russian Federation. The minimum amounts of author's remuneration shall be indexed at the same time as minimum wage amounts.

Where, in the author's contract for the publication or some other form of reproduction of the work, remuneration is calculated as a lump sum, the contract shall specify the maximum print run of the work.

4. The rights assigned or licensed under the author's contract may not be reassigned or relicensed to third parties, either in their entirety or in part, unless the contract expressly so provides.

5. The author's contract may not relate to exploitation rights arising in connection with works that the author may create in the future.

6. Any clause in an author's contract that imposes limits on the author regarding the future creation of works on a particular subject or in a particular field shall be deemed invalid.

7. Those clauses of an author's contract that are contrary to the provisions of this Law shall be deemed invalid.

Form of the Author's Contract

Article 32. 1. The author's contract shall be in written form. If it relates to the use of a work in the periodical press, it may be concluded by word of mouth.

2. Contracts for the sale of copies of computer programs or data bases and contracts affording extensive access to computer programs or data bases may be concluded according to special procedures defined by the Law of the Russian Federation on the Legal Protection of Computer Programs and Data Bases.

Commission Contracts

Article 33. 1. Under a commission contract, the author undertakes to create the work under the conditions specified in the contract and to hand it over to the commissioning party.

2. The commissioning party shall be bound to pay the author an advance on the remuneration agreed by contract. The amount of the advance and the procedure and time limits for the payment thereof shall be agreed upon by the parties and specified in the contract.

Sanctions in Connection with Author's Contracts

Article 34. 1. The party who fails to discharge his obligations under the author's contract or does not discharge them in the agreed manner shall be bound to indemnify the other party for the prejudice sustained by the latter, including lost earnings.

2. Where the author has not delivered the commissioned work in the manner specified in the commission contract, he shall be bound to indemnify the commissioning party for the actual prejudice caused thereby.

TITLE III NEIGHBORING RIGHTS

Scope of Neighboring Rights

Article 35. 1. The rights of the performer shall be recognized under this Law if:

(1) the performer is a national of the Russian Federation;

(2) the first performance occurred on the territory of the Russian Federation;

(3) the performance has been recorded on a phonogram protected under the provisions of paragraph 2 of this Article;

(4) the performance has not been recorded on a phonogram but is included in a program broadcast or transmitted by cable that is protected under the provisions of paragraph 3 of this Article.

2. The rights of the phonogram producer shall be protected under this Law if:

(1) the phonogram producer is a national of the Russian Federation or a legal entity with headquarters located on the territory of the Russian Federation;

(2) the first publication of the phonogram occurred on the territory of the Russian Federation.

3. The rights of the broadcasting or cable distribution organization shall be protected under this Law if the said organization has its headquarters on the territory of the Russian Federation and broadcasts with the aid of transmitters located on the territory of the Russian Federation.

Subject of Neighboring Rights

Article 36. 1. The subjects of neighboring rights are performers, producers of phonograms and broadcasting or cable distribution organizations.

2. The producer of a phonogram or the broadcasting or cable distribution organization shall exercise their rights as specified in this Title within the limits of the rights that the performer and the author of the work recorded on the phonogram or broadcast or transmitted by cable have granted them by contract.

Authorization to exploit a performance that has been obtained from the producer or director of a show shall not release a person from the obligation to obtain authorization from the other performers who have taken part in the performance and also from the author of the work performed.

3. The performer shall exercise the rights specified in this Title without infringing the rights of the author of the work performed.

4. The origin and exercise of neighboring rights shall not be subject to compliance with any formality. The producer of a phonogram and the performer may, in order to publicize their rights, make use of a reserved rights notice which should be placed on every copy or on every sleeve or inlay card of the phonogram and should consist of the following three elements:

• a circled capital letter P:P;
• the name of the owner of the exclusive rights;
• the year of first publication of the phonogram.

Rights of the Performer

Article 37. 1. Except as provided in this Law, the performer shall be granted the following exclusive rights in relation to his performance:

• the right to be named;
• the right to the protection of the performance against any distortion or other derogatory act liable to prejudice his honor or dignity;
• the right to exploit the performance in any form, including the right to be paid remuneration for every such form of use.

2. The exclusive right to exploit the performance means the right to perform or authorize the following acts:

(1) broadcasting or cable communication of the performance to the public insofar as the performance used for that purpose has not been broadcast previously and if the broadcast or cable communication to the public is not effected on the basis of a recording;

(2) recording of a hitherto unrecorded performance;

(3) reproduction of the recording of a performance;

(4) broadcasting or cable transmission of the recording of a performance insofar as the said recording was originally made for noncommercial purposes;

(5) rental of a phonogram published for commercial purposes on which a performance has been recorded with the participation of the performer. This right shall be transferred to the phonogram producer on the conclusion of a contract for the recording of the performance on a phonogram; the performer shall nevertheless retain the right to remuneration for the rental of copies of the phonogram. (Article 39 of this Law).

3. The exclusive right of the performer under subparagraph (3) of paragraph 2 of this Article shall not apply if

• the initial recording of the performance was made with the consent of the performer;
• the reproduction of the performance is made for the same purposes as the recording of the performance to which the performer consented;
• the reproduction of the performance is made for the same purposes as the recording that was made pursuant to the provisions of Article 42 of this Law.

4. The authorizations referred to in paragraph 2 of this Article shall be granted by the performer, or, in the case of a group performance, by the head of the group, in a written contract concluded with the user.

5. The authorizations referred to in subparagraphs (1), (2) and (3) of paragraph 2 of this Article shall not be necessary for the rebroadcasting of a performance, the recording for broadcasting purposes and the reproduction of that recording by broadcasting or cable distribution organizations if they are expressly provided for in the contract concluded by the performer with the broadcasting or cable distribution organization.

The amount of the remuneration payable to the performer for such use shall likewise be specified in the contract.

6. The conclusion of the contract for the making of an audiovisual work by the performer and the maker shall constitute licensing by the performer of the rights referred to in subparagraphs (1), (2), (3) and (4) of paragraph 2 of this Article.

The licensing of the said rights by the performer shall be confined to the use of the audiovisual work and, unless otherwise provided in the contract, shall not extend to the rights in any separate use of the sound or the pictures embodied in the audiovisual work.

7. The performer may assign or license the exclusive rights under paragraph 2 of this Article to third parties by contract.

Rights of the Phonogram Producer

Article 38. 1. Except as provided in this Law, the phonogram producer shall enjoy the exclusive right to exploit his phonogram in any form, including the right to remuneration for every such form of use.

2. The exclusive right to exploit the phonogram shall mean the right to perform or authorize the following acts:

(1) reproduction of the phonogram;

(2) adaptation or any other transformation of the phonogram;

(3) distribution of copies of the phonogram, for instance by sale or rental;

(4) importation of copies of the phonogram for the purposes of distribution, including copies made with the authorization of the producer of the phonogram in question.

3. Where copies of a lawfully published phonogram have been placed on the market by sale, their subsequent distribution may take place without the consent of the producer of the phonogram and without payment of remuneration.

The right to distribute copies of the phonogram by rental shall belong to the phonogram producer independently of the ownership of the said copies.

4. The phonogram producer may assign or license the exclusive rights under paragraph 2 of this Article to third parties by contract.

Use of a Published Phonogram for Commercial Purposes Without Consent from the Phonogram Producer and the Performer

Article 39. 1. Notwithstanding the provisions of Articles 37 and 38 of this Law, the following shall be authorized without consent from the producer of a phonogram published for commercial purposes and from the performer whose performance is recorded on the phonogram, but against payment of remuneration:

(1) public performance of the phonogram;

(2) broadcasting of the phonogram;

(3) communication of the phonogram to the public by cable.

2. The collection, distribution and payment of the remuneration provided for in paragraph 1 of this Article shall be effected by one of the organizations for the collective administration of the rights of producers of phonograms and performers (Article 44 of this Law) under an agreement concluded between those organizations. Except where otherwise provided in the said agreement, the remuneration shall be distributed equally between the phonogram producer and the performer.

3. The amount of the remuneration and the manner of its payment shall be determined by agreement between the user of the phonogram or the unions (associations) of users on the one hand and the organizations that manage the rights of phonogram producers on the other, or, where the parties fail to agree, by an agency of the Russian Federation specially empowered to do so.

The amount of remuneration shall be set for each form of use of the phonogram.

4. The users of phonograms shall be bound to submit programs to the organization referred to in paragraph 2 of this Article containing detailed information on the number of uses of the phonogram, together with such other information and material as is necessary for the collection and distribution of the remuneration.

Rights of the Broadcasting Organization

Article 40. 1. Except as provided in this Law, the broadcasting organization shall enjoy the exclusive right in relation to its program, to exploit it in any form and to grant authorization to use it, including the right to remuneration for such grant.

2. The exclusive right to authorize use of its program shall mean the right of the broadcasting organization to authorize:

(1) the simultaneous broadcasting of the program by another broadcasting organization;

(2) the communication of the program to the public by cable;

(3) the recording of the program;

(4) the reproduction of the recording of the program;

(5) the communication of the program to the public in places where a charge is made for admission.

3. The exclusive right of the broadcasting organization under subparagraph (4) of paragraph 2 of this Article shall not extend to the case in which:

• the program has been recorded with the consent of the broadcasting organization;
• the program is reproduced for the same purposes as those for which it was recorded under the provisions of Article 42 of this Law.

Rights of the Cable Distribution Organization

Article 41. Except as provided in this Law, the cable distribution organization shall enjoy the exclusive right, in relation to its program, to exploit it in any form and to grant authorization to use it, including the right to remuneration for such grant.

2. The exclusive right to authorize the use of the program shall mean the right of the cable distribution organization to authorize:

(1) the simultaneous cable communication of its program to the public by another cable distribution organization;

(2) the broadcasting of the program;

(3) the recording of the program;

(4) the reproduction of the recording of the program;

(5) the communication of the program to the public in places where a charge is made for admission.

3. The exclusive right of the cable distribution organization under subparagraph (4) of paragraph 2 of this Article shall not extend to the case in which:

• the program has been recorded with the consent of the cable distribution organization;
• the program is reproduced for the same purposes as those for which it was recorded under the provisions of Article 42 of this Law.

Limits of the Rights of the Performer, the Phonogram Producer and the Broadcasting or Cable Distribution Organization

Article 42. 1. Notwithstanding the provisions of Articles 37 to 41 of this Law, it shall be permissible, without consent from the performer, the phonogram producer and the broadcasting or cable distribution organization, and without payment of remuneration, to make use of the performance or the broadcast or cabled program or the recording thereof, and to reproduce phonograms:

(1) for the inclusion in a report on current events of short extracts from the performance, the phonogram or the broadcast or cabled program;

(2) for the sole purposes of teaching or scientific research;

(3) as a means of quoting, in the form of short extracts, from the performance, the phonogram or the broadcast or cabled program, on condition that the quotation is for information purposes and on the understanding that a broadcasting or cable distribution organization may only, for the purposes of a broadcast or cabled program make use of copies of a phonogram published for commercial purposes if the provisions of Article 39 of this Law are respected;

(4) in the other cases provided for in Title II of this Law for the limitation of the economic rights of the authors of literary, scientific and artistic works.

2. Notwithstanding the provisions of Articles 37 to 41 of this Law, it shall be permissible, without consent from the performer, the phonogram producer and the broadcasting or cable distribution organization to make use of the broadcast or cabled program or a recording thereof, and also to reproduce the phonogram for personal purposes. Reproduction of the phonogram shall be permissible against payment of remuneration under Article 26 of this Law.

3. The provisions of Articles 37, 38, 40 and 41 of this Law concerning the authorization of the performer, the phonogram producer and the broadcasting organization shall not be applicable to the making of an ephemeral recording of a performance or program, to the reproduction of that recording or to the reproduction of a phonogram published for commercial purposes if the ephemeral recording or the reproduction is made by a broadcasting organization using its own equipment and facilities and for the purpose of its own broadcasts, on condition that:

(1) the broadcasting organization has obtained prior authorization to broadcast the performance or the program of which an ephemeral recording is made or performed under the provisions of this paragraph;

(2) the ephemeral recording is destroyed within the period laid down for ephemeral recordings of literary, scientific and artistic works made by broadcasting organizations under the provisions of Article 24 of this Law; however, a single copy may be preserved in official archives if it is of purely documentary character.

4. The application of the limitations provided for in this Article shall not prejudice either the normal exploitation of the phonogram, the performance or the program broadcast or transmitted by cable, or recordings thereof, or the normal exploitation of the literary, scientific or artistic works incorporated therein, and it shall likewise not prejudice either the legitimate interests of the performer, the phonogram producer or the broadcasting or cable distribution organization or those of the authors of the works in question.

Term of Neighboring Rights

Article 43. 1. The rights of the performer under this Title shall have effect for 50 years following the first performance.

The performer's rights to be named and to have the performance protected against any distortion or other derogatory act, laid down in Article 37 of this Law, shall be protected without limitation in time.

2. The rights of the phonogram producer under this Title shall have effect for 50 years following the first publication of the phonogram, or for 50 years following the first recording thereof it it has not been published in the course of that period.

3. The rights of the broadcasting organization under this Title shall have effect for 50 years following the date of the first broadcast effected by the organization.

4. The rights of a cable distribution organization under this Title shall be protected for 50 years following the date of the first cable transmission made by the organization.

5. Any period under paragraph 1, 2, 3 or 4 of this Article shall be calculated as from January 1 of the year following that in which the legal act occurred that marks the starting point of the period.

6. If the performer has been rehabilitated posthumously after having been the subject of repressive measures, the period of protection of rights under this Article shall begin on January 1 of the year following that of the said rehabilitation.

If the performer worked during the Great Patriotic War or took part in that War, the period of protection of rights under this Article shall be prolonged by four years.

7. The right to authorize the use of the performance, phonogram or broadcast or cabled program and the right to remuneration shall pass to the heirs (in the case of a legal entity, to the successors in title) of the performer, phonogram producer or broadcasting or cable distribution organization for the duration of the non-elapsed portion of the terms specified in paragraphs 1, 2, 3 and 4 of this Article.

TITLE IV COLLECTIVE ADMINISTRATION OF ECONOMIC RIGHTS

Objectives of the Collective Administration of Economic Rights

Article 44. 1. Organizations for the collective administration of the economic rights of authors, performers, phonogram producers and other owners of copyright or neighboring rights may be created for the exercise of the economic rights of those persons or entities in cases where the individual exercise thereof is hampered by difficulties of a practical nature (as with public performance, including on radio and television, the reproduction of the work by means of a mechanical, magnetic or other recording, reprographic reproduction, etc.).

Such organizations shall be created directly by the owners of copyright or of neighboring rights; they shall operate within the limits of the mandate entrusted to them and also on the basis of statutes adopted according to a procedure laid down by law.

2. It shall be permissible to create either separate organizations for particular rights and particular categories of owners, or organizations that administer various rights on behalf of various categories of owners, or again one organization managing both authors' rights and neighboring rights.

Organizations for the Collective Administration of Economic Rights

Article 45. 1. Under this Law, an organization for the collective administration of economic rights shall not be entitled to engage in a business activity.

The restrictions under the legislation on monopolies shall not apply to the activities of such an organization.

2. The mandate for the collective administration of economic rights shall be entrusted either direct, by the owners of copyright or neighboring rights in written contracts, or under appropriate contracts with foreign organizations that administer equivalent rights. Such contracts shall not constitute authors' contracts, and the provisions of Articles 30 to 34 of this Law shall not be applicable to them.

Any author or his heir or any other owner of copyright or neighboring rights protected under Title III of this Law may, by contract, entrust the exercise of his economic rights to a collective administration organization, and the latter shall agree to exercise those rights on a collective basis if the administration of the category of rights in question forms part of its statutory activity.

Collective administration organizations shall not be entitled to engage in the exploitation of the works and subject matter of neighboring rights for which they have received a collective administration mandate.

3. By virtue of the mandate received under paragraph 2 of this Article, the organization for the collective administration of economic rights shall grant users licenses for the use of the relevant works and subject matter of neighboring rights by appropriate means. The conditions on which such licenses are granted shall be identical for all users in a given category. The organization shall not be entitled to refuse a license to a user without valid reason.

The licenses in question shall authorize the use, by the means that they specify, of all the works and subject matter of neighboring rights, and shall be granted in the name of all the owners of copyright or neighboring rights, including those who have not mandated the organization under paragraph 2 of this Article.

The organization that grants the license shall settle problems arising from claims made by owners of copyright or neighboring rights on users in connection with the use, under the license, of their works or subject matter of neighboring rights.

4. If an organization for the administration of economic rights has remuneration in its possession that has not been claimed for three years following the date of the collection thereof, it may retain it and either include it in the sums that it distributes or assign it to other purposes of interest to the owners of copyright or neighboring rights that it represents.

Functions of Organizations for the Collective Administration of Economic Rights

Article 46. An organization for the collective administration of economic rights shall, on behalf of the owners of copyright or neighboring rights that it represents and on the basis of the mandates entrusted to it, perform the following functions:

(1) negotiation, with users, of remuneration amounts and other conditions to which the grant of licenses is subject;

(2) licensing of users for the exploitation of rights the administration of which forms part of its activities;

(3) negotiation, with users, of remuneration amounts where it is responsible for collecting such remuneration without granting a license (paragraph 2 of Article 26 and paragraphs 2 and 3 of Article 39 of this Law);

(4) collection of the remuneration provided for in licenses or that referred to in subparagraph (3) of this Article;

(5) allocation and payment of the remuneration collected under subparagraph (4) of this Article to the owners of copyright and neighboring rights that it represents;

(6) performance of any legal act essential to the defense of the rights the administration of which forms part of its activities;

(7) performance of any other activity under mandates received from the owners of copyright or neighboring rights.

Obligations of Organizations for the Collective Administration of Economic Rights

Article 47. 1. An organization for the collective administration of economic rights shall act in the interest of the owners of copyright or neighboring rights that it represents. To that end it shall discharge the following obligations:

(1) at the same time as the remuneration is paid, it shall report to the owners of copyright or neighboring rights on the use of their rights;

(2) it shall use the remuneration collected under subparagraph (4) of Article 46 of this Law exclusively for allocation and payment to the owners of copyright or neighboring rights; however, the organization has the right to deduct from the amount of the remuneration collected a sum intended to cover expenditure actually incurred by it in the collection, allocation and payment of the remuneration, and also a sum payable to a special fund established by it for the benefit of the owners of copyright and neighboring rights that it represents, and with their agreement;

(3) it shall allocate the remuneration collected, after deduction of the sums referred to in subparagraph (2) of this paragraph, and ensure the regular payment thereof in proportion to the actual use of the works and subject matter of neighboring rights concerned.

2. Owners of copyright or neighboring rights who have not mandated the organization to collect the remuneration provided for in subparagraph (4) of Article 46 of this Law shall be entitled to demand that the organization pay them the remuneration accuring to them according to the allocation made, or alternatively that it exclude their works or subject matter of neighboring rights from the licenses that it grants users.

TITLE V SANCTIONS FOR THE PROTECTION OF COPYRIGHT AND NEIGHBORING RIGHTS

Violations of Copyright and Neighboring Rights, Counterfeit Copies of Works and Phonograms

Article 48. 1. Violation of the copyright or neighboring rights provided for under this Law shall make the offender liable to civil, criminal and administrative sanctions under the legislation of the Russian Federation.

2. Any natural person or legal entity that does not meet the requirements of this Law shall be infringing copyright or neighboring rights.

3. Copies of a work or phonogram that are manufactured or distributed in violation of copyright or neighboring rights shall be deemed counterfeit copies.

4. Copies of works or phonograms protected in the Russian Federation under this Law that are imported into the Russian Federation without the consent of the owner of the copyright or neighboring rights from a State in which the said works or phonograms have never been protected or have ceased to be protected shall also constitute counterfeit copies.

Sanctions for the Protection of Copyright and Neighboring Rights

Article 49. 1. The owner of exclusive rights, whether copyright or neighboring rights, may demand of the infringer of his rights:

(1) recognition of the said rights;

(2) restoration of the situation obtaining prior to the infringement of the said rights and the cessation of the acts that infringe or are liable to infringe them;

(3) payment of damages, including loss of earnings;

(4) the surrender, in place of the payment of damages, of revenue derived by the infringer from the infringement;

(5) payment, in place of damages or the surrender of revenue, of an indemnity in an amount between 10 and 50,000 times the minimum salary set by the legislation of the Russian Federation, at the discretion of the court or arbitration tribunal;

(6) the adoption of such other measures provided for in legislative texts as are recognized for the defense of his rights.

The choice between the measures referred to in subparagraphs (3), (4) and (5) of this paragraph shall be made by the owner of the copyright or neighboring rights.

2. Independently of the payment of damages, the surrender of revenue or the payment of a single indemnity, the court or the arbitration tribunal shall, for every infringement of copyright or neighboring rights, impose a fine in an amount equal to 10% of the sum that it has awarded to the plaintiff. The product of fines shall be allocated according to the law to the appropriate budgetary headings.

3. For the defense of his exclusive rights the owner of copyright or neighboring rights may, according to the established procedure, bring action before a court or arbitration tribunal, according to the competence thereof.

4. The court or arbitration tribunal may order the confiscation of counterfeit copies of the work or phonogram, and also that of the materials and equipment used for the manufacture thereof.

Counterfeit copies of the work or phonogram may be handed over on request to the owner of the copyright or neighboring rights.

Counterfeit copies of the work or phonogram, and also the materials and equipment used for the manufacture thereof, shall be destroyed by order of the court where the owner of the copyright or neighboring rights has not demanded that they be handed over to him.

Provisional Measures

Article 50. 1. The court or the magistrate may decide to prohibit the defendant, or the person that they have sufficient reason to suspect of infringing copyright or neighboring rights, from performing certain acts (manufacture, reproduction, sale, rental, importation or other use under this Law, and also shipping, stocking or storage with a view to the distribution of allegedly counterfeit copies of works or phonograms).

2. The court or the magistrate may order the preventive seizure, either descriptive or actual, of all allegedly counterfeit copies of works or phonograms, and also of the materials and equipment intended for the manufacture thereof.

Where sufficient evidence has been gathered to prove infringement of copyright or neighboring rights and liability for a criminal sanction under the law, the body responsible for the inquiry or the examination of the case, or the court, shall be obliged, pending the outcome of a civil proceeding in progress or likely to be instituted, to take provisional measures, in the form of the location and descriptive seizure of allegedly counterfeit copies of works or phonograms, and also of the materials and equipment intended for the manufacture thereof, and, where appropriate, in the form of actual seizure and delivery to a custodian.