On The Legal Protection Of Computer Programs And Databases

Original Language Title: О правовой охране программ для электронных вычислительных машин и баз данных

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102018616

Expired-the Federal law from 18.12.2006 y. N 231-FZ dated December 30, w and c o n RUSSIAN FEDERATION on the legal protection of computer programs and databases (as amended by the Federal law of 24.12.2002 N 177-FZ;
from Nov 02, 2004 N 127-FZ; from 2/2/2006 N 19-FZ), Chapter 1. GENERAL PROVISIONS Article 1. 1 concepts. The basic concepts used in this law: computer program is an objective presentation of aggregate data and commands intended for the functioning of electronic computing machines (computers) and other computer devices to produce a specific result. Under the computer program means the preparatory materials obtained in the course of its development, and its audiovisual display;
the database is an objective presentation and organization of aggregate data (such as: articles, calculations), structured so that these data can be found and processed using MAINFRAMES;
adaptation of a computer program or database-this changes implemented solely in order to ensure the functioning of computer programs or databases on specific technical user tools or running specific programs of the user;
modification (processing) computer programs or databases is any revisions that are not adapting;
decompilation of computer programs is a technique, which includes the conversion of object code into the source text in order to study the structure and encoding of computer programs;
reproduction of computer programs or databases is the production of one or more copies of a computer program or database in any material form, as well as their entry into the PC memory;
distribution of computer programs or databases is to provide access to any material reproduced in the form of a computer program or database, including network and in other ways, as well as through the sale, rental, renting, lending, including imports for any of these purposes;
issue in light (publication), a computer program or database-is the provision of copies of computer programs or databases, with the consent of the author of an unlimited range of entities (including by means of an entry in the memory of the computer and the release of the printed text), provided that the number of such copies must meet the needs of this group of persons, taking into account the nature of the works;
the use of the computer program or database-this issue into the light, reproduction, distribution and other activities on their introduction into economic circulation (including in modified form). Not recognized by using the computer program or database transfer of media reports about the light of computer program or database.
2. Under the copyright holder in this law refers to the author, his heir, as well as any natural or legal person who has the exclusive right to the computer program or database by law or contract. (As amended by the Federal law of 24.12.2002 N 177-FZ), Article 2. Relations regulated by this Law 1. This law regulated relations arising in connection with legal protection and use of computer programs and databases. (As amended by the Federal law of 24.12.2002 N 177-FZ)
2. Computer programs and databases included in this Act to copyright objects. Computer programs shall be granted legal protection as works of literature and databases as compilations, in accordance with the law of the Russian Federation dated July 9, 1993 N 5351-I "on copyright and related rights" and this law. (As amended by the Federal law of 24.12.2002 N 177-FZ)
3. the rules provided for in this Act shall be applied to relations involving foreign citizens, persons without citizenship and foreign legal entities in accordance with an international agreement of the Russian Federation or on the basis of the principle of reciprocity. (Para supplemented by federal law of 24.12.2002 N 177-FZ), Article 3. The object of legal protection 1. Copyright applies to any computer programs and databases, as issued and unissued light presented in objective form, regardless of their material carrier, destination and dignity.
2. copyright extends to computer programs and databases, resulting from creative work of the author (co-authors). Creative activity of the author (co-authors) assumed, until proved otherwise. (As amended by the Federal law of 24.12.2002 N 177-FZ)
3. this Act Provided legal protection extends to all types of computer programs (including operating systems and software packages), which may be expressed in any language and in any form, including source code and object code.
4. this Act Provided legal protection extends to databases that constitute the result of the creative work of selection and organization of data. Databases are protected regardless of whether the data on which they are based or which they include objects of copyright.

5. this Act Provided legal protection does not extend to the ideas and principles which underlie a computer program or database or any element, including the ideas and principles of the Organization of the interface and algorithm, as well as programming languages.
6. the copyright in a computer program and database is not associated with the ownership of their material carrier. Any transfer of rights on a material carrier does not entail any transfer of rights to computer programs and databases.
Article 4. The conditions for the recognition of copyright 1. Copyright in a computer program or database occurs by virtue of their creation. For the recognition and exercise of copyright on the computer program or database does not require a deposit, registration or other formalities.
2. the rightholder for alerts about their rights can, starting with the first issue in light of the computer program or database, use the copyright symbol, consisting of three elements: the letter C in a circle or in parentheses;
name (name) of the copyright owner;
the year of the first issue of the computer program or database.
Article 5. Copyright on the database 1. Copyright in a database consisting of materials that are not objects of copyright shall belong to persons who have created the database.
2. the copyright in a database is recognized subject to the copyright in each of the works included in this database.
3. The copyright in each of the works included in the database. These works can be used independently from the database.
4. the copyright in a database does not prevent others from exercising an independent selection and organization of works and materials included in this database.
Article 6. Duration of copyright 1. Copyright law has been in effect since the inception of the computer program or database throughout the lifetime of the author and 50 years after his death, counting from 1 January of the year following the year of death of the author.
2. Duration of copyright in a computer program and database, created in co-authorship, is calculated from the time of the death of the last surviving author's other sponsors.
3. the copyright in a computer program or database, issued anonymously or under a pseudonym, is valid from the moment of their publication within 50 years. If the author of a computer program or database, produced in light anonymously or under a pseudonym reveals his identity within the specified period or adopted by the author leaves no alias doubt his identity, the term of protection provided for in paragraph 1 of this article.
4. Personal rights of the author on the computer program or database are protected indefinitely.
Article 7. The scope of this Act, copyright in a computer program or database, first issued in the territory of the Russian Federation or not released into the light, but on its territory in any objective form on the territory of the Russian Federation. It is recognized for the author, his heirs or other successors in title of the author, regardless of nationality.
Copyright is also recognized for citizens of the Russian Federation, the computer program or database which released in light or in any objective form on the territory of a foreign State, or their successors.
For others the copyright on the computer program or database, first released in light or existing in an objective form on the territory of a foreign State shall be recognized in accordance with the international treaties of the Russian Federation.
Chapter 2. COPYRIGHT (as amended by the Federal law of 24.12.2002 N 177-FZ) Article 8. The authorship of the 1. The author of a computer program or database recognizes an individual, as a result of creative activity which they are created.
If the computer program or database created the joint creative work of two or more natural persons, regardless of whether the computer program or database of parts, each of which has an independent significance, or is indivisible, each of these persons is recognized as the author of such a computer program or database.
2. If part of the computer program or database are independent, each author has the right to authorship on his part.
Article 9. The personal rights of the author of a computer program or database, regardless of its property rights belong to the following rights: the right of authorship, i.e. the right to be considered the author of a computer program or data base;
the right to the name-that is, the right to determine the form of specifying the name of the author of a COMPUTER program or database: under his own name, under the symbol name (pseudonym) or anonymously;
the right to security (integrity)-that is, the right to protection of the computer program or database, and their names from any kind of distortion or other attacks that could undermine the honor and dignity of the author; (As amended by the Federal law of 24.12.2002 N 177-FZ)

the right to the disclosure of a computer program or database-that is, the right to disclose or authorize to disclose by publication (publication), a computer program or database, including the right to review. (The paragraph is supplemented by federal law of 24.12.2002 N 177-FZ), Article 10. The exclusive right (as amended by the Federal law of 24.12.2002 N 177-FZ), the author of a computer program or database or any other copyright holder has the exclusive right to exercise and (or) authorize the following: (deleted-the Federal law dated 24.12.2002 N 177-FZ) the reproduction of computer programs or databases (full or partial) in any form or by any means;
distribution of computer programs or databases;
modification of computer programs or databases, including the translation of computer programs or databases from one language to another;
any other use of the computer program or database.
Article 11. Transfer of exclusive rights (as amended by the Federal law of 24.12.2002 N 177-FZ dated December 30, 2008) 1. The exclusive right to the computer program or database may be transferred in whole or in part to other natural or legal persons under the Treaty. (As amended by the Federal law of 24.12.2002 N 177-FZ) a contract shall be in writing and must set out the following essential terms: scope and how to use a computer program or database, and the procedure for payment of remuneration, the duration of the contract.
2. Sole (property) right on the computer program or database passes by inheritance in accordance with the law. (As amended by the Federal law of 24.12.2002 N 177-FZ) Article 12. Membership of the exclusive right to the computer program or data base 1. The exclusive right to the computer program or database, created by an employee (the author) in connection with execution of labour duties or on the instructions of the employer, shall belong to the employer, if the contract between him and the employer (the author) provides otherwise.
If the exclusive right to the computer program or database belongs to the employer, the employee (the author) is entitled to remuneration, payment and amount of which shall be established by agreement between the employee (author) and the employer.
2. The exclusive right to the computer program or database that are created when you run works on a State or municipal contract belongs to contractor (contractor) if the State or municipal contract to perform work for State or municipal needs has not been established that this right belongs to the Russian Federation, constituent of the Russian Federation or the municipality, on behalf of the State or municipal customers. (As amended by the Federal Act of 2/2/2006 N 19-FZ)
3. If the exclusive right to the computer program or database belongs, in accordance with paragraph 2 of this article, not the Russian Federation, not the subject of the Russian Federation or not municipality, holder of State or municipal requirement the customer must contract with a specified person or persons agreement on non-reimbursable grant the right to use a computer program or data base in the manufacture of goods or performing contract work for State or municipal needs. (As amended by the Federal Act of 2/2/2006 N 19-FZ)
4. remuneration to the author of a computer program or database that isn't the copyright holder, is paid to a person who has received the exclusive right in accordance with paragraph 2 of this article. Procedure for the payment and the amount of remuneration shall be established by agreement between the author and the copyright holder. (Article supplemented by federal law of 24.12.2002 N 177-FZ) Article 13. Right to registration 1. The copyright holder directly or through his representative during the term of copyright may voluntarily register computer program or database of the federal body of executive power in the field of intellectual property, with the exception of computer programs and databases containing information constituting a State secret. (As amended by the Federal law of 24.12.2002 N 177-FZ)
2. application for official registration of computer programs or databases (hereinafter referred to as the application for registration) shall relate to a single computer program or a single database.
Application for registration must include: a statement on the official registration of computer programs or databases, with an indication of the right holder, as well as the author if it is not refused to be referred to as such, and their location (place of residence);
deposited materials, identifying the computer program or database, including summary;
a document certifying payment of the State fee or the grounds for exemption from payment of the registration fee. (As amended by federal law from Nov 02, 2004 N 127-FZ) rules of registration of the application for registration determines the Federal Executive Body in the field of intellectual property. (As amended by the Federal law of 24.12.2002 N 177-FZ)

3. After receipt of the application for registration of a federal executive body in the field of intellectual property verifies that the required documents and their compliance with the requirements set out in paragraph 2 of this article. A positive verification federal executive body in the field of intellectual property makes a computer program or database, respectively, in the registry of computer programs or databases, the registry shall issue to the applicant a certificate of official registration and publishes information about the registered computer programs and databases in the Official Gazette of the Federal Executive Body in the field of intellectual property. (As amended by the Federal law of 24.12.2002 N 177-FZ) on request of a federal body of executive power on intellectual property or on its own initiative, the applicant may, prior to publication in the Official Journal supplement, clarify and correct application materials. (As amended by the Federal law of 24.12.2002 N 177-FZ)
4. the procedure of official registration of computer programs and databases, forms, certificates of registration, the list contained therein, as well as a list of information published in the Official Gazette, shall be established by the Federal Executive Body in the field of intellectual property. (As amended by the Federal law of 24.12.2002 N 177-FZ)
5. Agreements on full or partial assignment of exclusive rights to computer programs and databases can be registered by agreement of the parties to the federal body of executive power in the field of intellectual property. For information on changing the copyright holder on the basis of a registered contract shall be entered in the registry of computer programs or databases, Register and published in the Official Gazette of the Federal Executive Body in the field of intellectual property. (As amended by the Federal law of 24.12.2002 N 177-FZ)

6. The particulars entered in the register of computer programs or Registry databases are considered reliable until proved otherwise.
Responsible for the accuracy of specified information rests with the applicant.
7. For the performance of legal acts relating to the registration of computer programs and databases, contracts, paid the State fee in the amount and under the procedure established by the legislation of the Russian Federation on taxes and fees. (As amended by federal law from Nov 02, 2004 N 127-FZ), Chapter 3. The USE of computer programs and DATABASES Article 14. The use of computer programs or databases under contract with the holder 1. The use of the computer program or database by third parties (users) is carried out on the basis of a contract with the copyright holder, except in the cases referred to in article 16 of this law.
2. A contract for the use of the computer program or database shall be in writing.
3. When selling and delivering massive users access to computer programs and databases, you can use special order contracting, for example, by outlining the terms of a transmitted copies of computer programs and databases. (As amended by the Federal law of 24.12.2002 N 177-FZ) Article 15. Free reproduction and adaptation of computer programs or databases 1. A person lawfully in possession of a copy of a computer program or database may, without obtaining additional permission to perform any actions associated with the operation of the computer program or data base in accordance with its purpose, including recording and storing in the memory of the computer, as well as correction of obvious errors. Recording and storing in the memory of COMPUTERS allowed for one or for a single user on the network, unless otherwise stipulated in the agreement with the rightholder.
2. Notwithstanding the provisions of the third paragraph of article 10 of this Act, a person lawfully in possession of a copy of a computer program or database may, without the consent of the copyright owner and without payment of additional remuneration to the adaptation of computer programs or databases;
make or entrust production of a copy of a computer program or database, provided that the copy is intended solely for archival purposes and if necessary (in the case where the original computer program or database is lost, destroyed or becomes unusable) to replace the legally owned copy. A copy of the computer program or database may not be used for other purposes and must be destroyed if the further use of the computer program or database cease to be lawful.
3. a person who is lawfully in possession of a copy of a computer program may, without the authorization of the rightholder and without payment of additional remuneration to decompile or entrust the decompilation of computer programs in order to study the structure and encoding of this program under the following conditions: the information necessary to interact independently developed the computer program with other programs, is not available from other sources;

information received as a result of this means of decompilation may only be used for the Organization of interaction between independently developed the computer program with other programs, and not for the drawing up of a new computer program, on its mind is substantially similar to the decompiled computer program or for any other action that violates copyright;
decompilation is carried out only in respect of those parts of the computer programs that are required for such interaction.
Article 16. Free resale instance of a computer program or database, resale or otherwise transfer ownership or other real rights on an instance of a computer program or database after the first sale or other transfer of ownership in this instance is allowed, without the consent of the copyright owner and without payment of additional remuneration.
Chapter 4. PROTECTION of RIGHTS Article 17. Copyright infringement. Infringing copies of computer programs or databases (as amended by the Federal law of 24.12.2002 N 177-FZ dated December 30, 2008) 1. Natural or legal person which does not comply with the requirements of this Act with regard to the exclusive rights of copyright holders, including the Russian Federation imports copies of the computer program or database, made without the permission of their owners, is infringing copyright law. (As amended by the Federal law of 24.12.2002 N 177-FZ)
2. Counterfeit recognized copies of computer programs or databases, manufacture or use of which entails a violation of copyright. (As amended by the Federal law of 24.12.2002 N 177-FZ)
3. Counterfeit copies are also protected in the Russian Federation in accordance with the present law, a computer program or database imported into the Russian Federation from the State in which the computer program or database have never been protected or have ceased to be protected by law.
Article 18. Protection of computer program and database 1. The author of a computer program or database and other copyright holders have the right to demand recognition of rights;
restoration of the situation existing before the breach of law and cessation of actions that violate the law or threaten its violations;
compensation person, in violation of the exclusive right, caused losses in accordance with the civil legislation; (As amended by the Federal law of 24.12.2002 N 177-FZ) (Deleted-the Federal law dated 24.12.2002 N 177-FZ) (Deleted-the Federal law dated 24.12.2002 N 177-FZ) otherwise stipulated by legislative acts, measures related to the protection of their rights.
2. For the protection of their right to rights holders may apply to the Court or the arbitral tribunal of arbitration.
3. (deleted in accordance with Federal Act dated 24.12.2002 N 177-FZ) Article 19. Seizure of counterfeit copies of computer programs or databases on instances of the computer program or database, manufactured, reproduced, distributed, sold, imported or otherwise used or intended for use in violation of the rights of the authors of the computer program or database and other right holders, may be seized in accordance with the procedure established by law.
Article 20. Other forms of liability Release under his own name a foreign computer programs or databases or unauthorized reproduction or distribution of such products entails criminal liability in accordance with the law.
The President of the Russian Federation, b. Yeltsin Moscow, Russia September 23, 1992 House Tips N 3523-I