On Copyright And Related Rights

Original Language Title: Об авторском праве и смежных правах

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102024768

Lost force since January 1, 2008 year-federal law from 18.12.2006 y. N 231-FZ dated December 30, w and c o n RUSSIAN FEDERATION on copyright and related rights (as amended by the federal laws from 19 N 110-FL;
from 20.07.2004 N 72-FZ), section i. General provisions article 1. Subject of regulation of this law regulates relations arising in the context of the creation and use of scientific, literary and artistic works (copyright), phonograms, performances, productions, broadcasts of broadcasting or cable distribution organizations (related rights).
Article 2. The legislation of the Russian Federation on copyright and related rights legislation of the Russian Federation on copyright and related rights is based on the Constitution of the Russian Federation and consists of the Civil Code of the Russian Federation, the present law, the law of the Russian Federation from September 23, 1992 N 3523-I "on the legal protection of computer programs and databases", federal laws. (Article in the Editorial Office of the Federal law dated 20.07.2004 N 72-FZ), Article 3. International treaties if an international treaty to which the Russian Federation stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
Article 4. Basic concepts for the purposes of this law, the following terms have the following meaning: the author is a natural person whose creative work resulted created the work;
audiovisual work-means a work consisting of a fixed series of interconnected images (with or without sound accompaniment), designed for Visual and auditory (in the case of accompaniment sound) perception by means of appropriate technical equipment; audiovisual works include cinematographic works and all works expressed by means comparable to cinematography (television and video films, slide films and filmstrips and similar works), regardless of their method of initial or subsequent fixation;
database-an objective presentation and organization of aggregate data (articles, calculation, and so on), structured so that these data can be found and processed using electronic computing machines (computers);
reproduction of the work-making one or more copies of a work or a part thereof in any material form, including in the form of audio and video recordings, production in three dimensions of one or more copies of two-dimensional works and in two dimensions-one or more copies of a three-dimensional work; recording works in PC memory also constitutes a reproduction;
reproduction of a phonogram-making one or more copies of a phonogram or its part in any physical medium;
recording-fixation of sounds and/or images with the help of technical means in any material form that permits them to be repeatedly perceived, reproduced or communicated;
the manufacturer of an audiovisual work is the natural person or legal entity that has taken the initiative and responsibility for the making of such a work; in the absence of proof to the contrary, audiovisual work shall be deemed natural or legal person whose name or title designated on the work in the usual manner;
the manufacturer of a phonogram is the natural person or legal entity that has taken the initiative and responsibility for the first audio recording of a performance or other sounds; in the absence of proof to the contrary, the manufacturer of the phonogram is recognized as a natural or legal person, the name or title of which is indicated on the phonogram and (or) on the containing her case in the normal way;
-presentation of works, phonograms, performances, productions, through games, recitation, singing, dancing in a live performance or using technical means (broadcasting, cable television and other technical devices); displaying frames of an audiovisual work in their sequence (with or without sound accompaniment);
singer-actor, singer, musician, dancer or any other person who plays the role, reads, recites, singing, playing a musical instrument or otherwise executes a literary or artistic work (including variety, circus or puppet room), as well as performance Director and conductor;
publication of works made with the consent of the author of the action, which first makes the work available to the public by publication, public display, public performance, broadcast, or otherwise;
publication (in light)-issuance of copies of a work, phonogram with the consent of the author of a work, phonogram producers in sufficient quantity to meet the reasonable needs of the public based on the nature of works, phonograms;

broadcast message works, phonograms, performances, productions, broadcasts of broadcasting or cable distribution to the public (including show or performance) by transmitting them via radio or television (except for cable television). When the transfer of works, phonograms, performances, productions, broadcasts of broadcasting or cable distribution of broadcasts via satellite under the broadcast refers to the reception of signals from the ground station to the satellite and transmission of signals from the satellite through which works, phonograms, performances, productions, the transfer of broadcasting or cable distribution organizations can be brought to the public regardless of their reception by the public;
the transfer of broadcasting or cable distribution organization-transfer created the broadcasting or cable distribution organization, as well as its request through its funds, by another organization;
show works-demonstration of the original or a copy of the work or directly on the screen with the help of film, slides, television or other technical means, as well as showcasing the individual frames of an audiovisual work without respect for their sequence;
a subsequent broadcast-subsequent broadcast previously broadcast works, phonograms, performances, productions, broadcasts of broadcasting or cablecasting organization;
computer program-objective the presentation of aggregate data and commands intended for the operation of computers and other computing devices for the purpose of obtaining a certain result, including preparatory materials obtained during the development of a computer program, and it generated audio-visual display;
product of Arts and crafts-a two-dimensional or a three-dimensional work of art that is transferred on the subjects of practical use, including a work of artistic craft or work employs industrial means;
public display, public performance or the communication to the public of any display, performance or communication works, phonograms, performances, productions, broadcasts of broadcasting or cable distribution organizations directly or through technical means in a place open to the public, or in a place where there is a large number of persons not belonging to the usual family circle, regardless of whether the perceived works, phonograms, performances, productions, the transfer of broadcasting or cable distribution organizations to place their messages or elsewhere at the same time with the message works , phonograms, performances, productions, broadcasts of broadcasting or cablecasting organization;
Director of the play-a person who has staged theater, circus, puppetry, pop or other performance (view);
reproduction (reproduction)-facsimile reproduction in any size and shape of one or more copies of originals or copies of written and other graphic works by means of photocopying or by other technical means other than publication; reprographic does not include storage or reproduction of these electronic copies (including digital), optical or other machine-readable form;
rent (rent)-provide the copy of the work or phonogram for temporary use for direct or indirect commercial benefit;
info-show, perform, broadcast or perform another action (except copies of a work or phonogram), through which the works, phonograms, performances, productions, the transfer of broadcasting or cable distribution organizations are available for auditory and/or visual perception, regardless of their actual reception by the public;
Info for general information, by cable-report works, phonograms, performances, productions, the transfer of broadcasting or cable distribution to the public by cable, wire, optical fiber, or by similar means;
phonogram-any exclusively sound recording performances or other sounds;
copy of the work-a copy of the works made in any material form;
copy of a phonogram-a copy of a phonogram in any tangible medium, made directly or indirectly from a phonogram and which includes all or part of the sounds of the sounds fixed in that phonogram.
SECTION II. COPYRIGHT Article 5. The scope of copyright 1. Copyright: 1) to works published in the territory of the Russian Federation or not published but existing in an objective form on the territory of the Russian Federation, and is recognized for authors (their successors), irrespective of their nationality;

2) to works published outside the territory of the Russian Federation or not published but existing in an objective form beyond the borders of the Russian Federation, and is recognized for authors who are citizens of the Russian Federation (their successors);
3) to works published outside the territory of the Russian Federation or not published but existing in an objective form beyond the borders of the Russian Federation, and is recognized on the territory of the Russian Federation for authors (their successors)-citizens of other States in accordance with the international treaties of the Russian Federation. (Revision of the Federal law dated 20.07.2004 N 72-FZ)

2. Work is also considered to be first published in the Russian Federation, if within 30 days after the date of first publication outside of the Russian Federation, it was posted on the territory of the Russian Federation. (As amended by the Federal law dated 20.07.2004 N 72-FZ)
3. When granting protection in the territory of the Russian Federation to the product in accordance with the international treaties of the Russian Federation the author is determined by the law of the State in whose territory the crime had been a legal fact, which served as the basis for the possession of copyright.
4. The provision on the territory of the Russian Federation of the protection of the product in accordance with the international treaties of the Russian Federation shall be exercised in respect of works that are not promoted in the public domain in the country of origin of the works due to the expiry of the period of validity of such country copyright and not promoted in the public domain due to expiration in the Russian Federation established by this Act copyright expiration.
With the grant of protection to the product in accordance with the international treaties of the Russian Federation, the duration of copyright in the territory of the Russian Federation may not exceed the duration of copyright, as established in the country of origin of the work. (Para supplemented by federal law from 20.07.2004 N 72-FZ), Article 6. The object of copyright. General provisions 1. Copyright shall extend to scientific, literary and artistic works that are the result of creative activity, regardless of the destination and the dignity of works, as well as the ways of its expression.
2. copyright applies to both published works and not published works, existing in an objective form: written form (manuscript, typewritten text, musical score, and so on);
oral form (public recitation, public performance, etc.);
sound or Visual recording (mechanical, magnetic, digital, optical, etc.);
image (drawing, sketching, painting, plan, drawing, film, television, video or snapshot, etc.);
three-dimensional form (sculpture, model, mock-up, structure, etc.);
in other forms.
3. Part of the work (including its title) which meets the requirements of paragraph 1 of this article and can be used on its own, is subject to copyright.
4. Copyright does not cover ideas, methods, processes, systems, means, concepts, principles, discoveries, facts.
5. Copyright in a work is not associated with the ownership of the material object in which the work is expressed.
The transfer of the ownership of the material object or material object ownership in itself does not involve transfer of any copyright in the work, expressed in this site, except as provided in article 17 of this law.
Article 7. Works that are objects of copyright 1. Objects of copyright are: literary works (including computer programs);
dramatic or dramatico-musical works, the script works;
choreographic works and entertainments in dumb show;
musical compositions with or without words;
audiovisual works (cinematographic, television and video films, static projections, slide shows and other cinematographic and teleproizvedenija);
paintings, sculptures, graphics, design, graphic novels, comics, and other works of fine art;
works of decorative and applied art scenographic and;
works of architecture, urban planning and landscape architecture;
photographic works and works obtained by processes analogous to photography;
geographical, geological and other maps, plans, sketches and three-dimensional works relating to geography, topography and other sciences;
other works.
2. protection of computer programs shall extend to all types of computer programs (including operating systems) that can be expressed in any language and in any form, including source code and object code.
3. copyright objects include the following: derivative works (translations, editing, annotations, analyses, summaries, reviews, stage adaptations, arrangements and other processing works of science, literature and art);

Collections (encyclopedias, anthologies, databases) and other composite works constituting the selection or arrangement of their contents constitute creative work.
Derivative works and composite works shall be protected by copyright regardless of whether copyright works on which they are based or which they include.
Article 8. Works that are not objects of copyright shall not be objects of copyright: official documents (laws, court decisions, other texts of legislative, administrative or judicial character) and official translations thereof;
State symbols and signs (flags, armorial bearings, decorations, monetary signs and other State symbols and official signs);
works of folk art;
communications concerning events and facts that have informational character.
Article 9. The emergence of copyright.
Presumption of authorship 1. Copyright in a work of science, literature and art arises by the fact of its creation. The origin and exercise of copyright shall not require the registration of works, any special registration or compliance with any formality.
The holder of exclusive rights in order to have his rights may use the copyright symbol, which should be placed on every copy of the work and consists of three elements: the Latin letter "c" in a circle: c;
name of the holder of the exclusive rights;
the year of first publication of the work.
2. In the absence of proof to the contrary, the author of the work is considered to be the person named as the author of the original or copy of the work.
3. When the publication of works by anonymous or pseudonymous (unless the author's pseudonym leaves no doubt as to its identity), the publisher whose name or title designated on the product, in the absence of proof to the contrary shall be deemed to represent the author in accordance with this law and, as such, has the right to protect the author's rights and ensure their implementation. This applies until the author of the work reveals his identity and declares her authorship.
Article 10. Co-sponsorship of 1. Copyright in a work by the joint creative work of two or more persons (co-authorship) belongs to the co-authors jointly, regardless of whether such work one indissoluble whole or is composed of parts, each of which has an independent significance.
Part of the work shall be deemed having independent value, if it can be used independently from the other parts of this work.
Each of the co-authors may use part of the work created by him, has independent value, at its sole discretion, unless otherwise provided by agreement between them.
2. Right to use the work as a whole belongs to the co-authors jointly.
Relationship of sponsors may be determined by agreement between them.
If the product sponsors form one indissoluble whole, then none of the co-authors may not without sufficient grounds to prohibit the use of the work.
Article 11. Copyright of compilers of collections and other composite works 1. Author of a collection and other composite works (the originator) owns the copyright in its selection or arrangement of materials representing the result of creative work (sostavitel'stvo).
The originator shall enjoy copyright subject to respect for the rights of the authors of each of the works included in the composite work.
The authors of the works included in the composite work shall have the right to exploit their works independently of the composite work unless otherwise provided in the author's contract.
The copyright of the compiler shall not preclude others from exercising an independent selection or arrangement of the same materials to build their constituent pieces.
2. The publisher of encyclopedias, encyclopedic dictionaries, collections of scientific periodicals and continuing publications, newspapers, magazines and other periodicals owned exclusive rights to the use of such publications. The Publisher is entitled to any such publications indicate their name or demand such mention.
The authors of the works included in such publications shall retain the exclusive right to exploit their works independently of the publication as a whole.
Article 12. The copyright of the translator or other author of a derived work, 1. Translators and other authors of derivative works owns the copyright on reforms of their translation, adaptation, arrangement or other processing.
Translator and author of another derived works shall enjoy copyright in the work created by him, subject to the rights of the author of the work that has been translated, adapted, arranged or otherwise transformed.
2. The copyright of the translator or other author of a derived work shall not preclude other persons from exercising their transfers and processing of the same work.
Article 13. Copyright in audiovisual works

1. the authors of an audiovisual work are: Director;
screenwriter (screenwriter);
the author of a musical work (with or without words) created specifically for that audiovisual work (composer).
2. Conclusion of a contract for the creation of audiovisual works entails the transfer of the work by the authors of the audiovisual work manufacturer of exclusive rights to reproduction, distribution, public performance, communication to the public by cable, broadcasting or any other communication to the public of audiovisual works, as well as the duplication of text and subtitles for audiovisual works, unless otherwise provided in the contract. These rights are valid within the period of validity of the copyright in the audiovisual work.
The manufacturer of the audiovisual work shall have the right to any use of this work indicate his name or demand such mention.
3. When the public performance of an audiovisual work, the author of a musical work (with or without words) retains the right to remuneration for public performance of his music.
4. The authors of the works included part of the audiovisual work, as pre-existing (author of the novel on which the script, and others), and created in the process of working on it (cinematographer, production designer and others) enjoy copyright in the work.
Article 14. Copyright Office works 1. Copyright in a work created in order to perform the duties or service job employer (Office work), belongs to the author of the service-related 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 the contract between him and the author does not stipulate otherwise.
The size of the remuneration for each type of use of the service-related work and order payment thereof shall be established by agreement between the author and the employer.
3. the employer shall be entitled to any use of the service-related work to specify its name or demand such mention.
4. In order to perform the duties or service job employer encyclopedias, encyclopedic dictionaries, collections of scientific periodicals and continuing publications, newspapers, magazines and other periodicals (paragraph 2 of article 11 of this Act) the provisions of this article do not apply.
Article 15. Moral rights 1. The author in relation to his works belong to the following moral rights: the right to be recognized as the author of the work (right of authorship);
the right to use or allow the use of the work under the real name of the author, pseudonym or without a name, that is, anonymously (right to a name);
the right to disclose or authorize to disclose the work in any form (right of disclosure), including the right to review;
the right to the protection of works, including its name, from any distortion or other derogatory act liable to prejudice his honor or dignity of the author (right to protection of the author's reputation).
2. The author has the right to withdraw from the earlier decision on the publication of the work (right of withdrawal) provided compensation to the user caused by this decision damages, including lost profits. If the work has already been published, the author is obliged to publicly inform about his withdrawal. He has the right to withdraw at their own expense from the previously manufactured copies of the work. When you create a service works the provisions of this paragraph do not apply.
3. personal non-property rights belong to the author independently of his economic rights, and saved him in the case of assignment of exclusive rights to use the work.
Article 16. Property rights 1. The author in relation to his works belong to the exclusive right to exploit his work in any form and by any means.
2. the author's exclusive rights to use the work means the right to perform or authorize the following acts: the reproduction of the work (right of reproduction);
distribute copies of the work by any means: sell, rent and so forth (right of distribution);
import copies of the work to disseminate, including copies made with the authorization of the holder of the exclusive rights (right of importation);
publicly display the work (right of public display);
publicly perform the work (right of public performance);
communication of the work (including display, performance or broadcast) to the public by broadcasting and (or) subsequent broadcasts (right of transmission);
communication of the work (including display, performance or broadcast) to the public by cable, wire or other similar means (right of communication to the public by cable);
translation of the work (right of translation);
adaptation, arrangement or other recycled artwork (right of adaptation);

communication of the work in such a way that any person may have access to it in interactive mode from any place and at any time of their choice (right of making available to the public). (New paragraph eleven supplemented by federal law from 20.07.2004 N 72-FZ) 2-1. The exclusive right of the author to use design, architectural, urban and landscape projects also include the implementation of such projects. The author of an accepted architectural project shall have the right to demand from the customer the right to participate in the implementation of its project while developing documentation for construction and building or structure unless otherwise provided in the contract. (Paragraph eleven as subclause 2-1 as amended by the Federal law dated 20.07.2004 N 72-FZ)
3. Where copies of a lawfully published work have been introduced into civil circulation by means of sale, their subsequent distribution without author's consent and without payment of remuneration.
The right to distribute copies of the work by putting them in a rental belongs to the author, regardless of the ownership of these instances.
4. the amount and method of calculation of remuneration for each form of exploitation of the works are set in the author's contract, as well as in agreements concluded by the organizations of the economic rights of authors on a collective basis with users.
5. the restrictions referred to in paragraph 2 of this article, the rights of authors are established by articles 17-26 of this Act, provided that such use does not cause unjustified prejudice to the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author.
Article 17. The right of access to works of art. Right route 1. The author of a work of fine art shall have the right to demand from the owner works allowing the realization of the right to reproduce his work (right of access). The owner works should not be required to deliver works of the author.
2. transfer of ownership of a work of fine art (whether for consideration or free of charge) from the author to another person means the first sale of the work.
For each public resale of a work of fine art (sale by auction, fine art gallery, art shop, shop and so on) at a price higher than the previous not less than 20 per cent, the author has the right to receive remuneration from the seller in the amount of 5% of the resale price (right route). This right is inalienable and goes only to the author's heirs according to the law on copyright.
Article 18. Reproduction of works for personal purposes without the author's consent and without payment of remuneration 1. Permitted without the author's consent and without payment of remuneration the reproduction of lawfully disclosed work for exclusively personal purposes, except as provided in article 26 of this law.
2. The provision of paragraph 1 of this article shall not apply to: reproduction of works of architecture in the form of buildings and similar structures;
reproduction of databases or substantial parts of them;
reproduction of computer programs, except in the cases provided for in article 25 of this law;
reproduction of books (full) and musical texts.
Article 19. The use of a work without the author's consent and without payment of remuneration 1. Permitted without the author's consent and without payment of remuneration, but with obligatory indication of the name of the author whose work is used and the source of the borrowing: (as amended by the Federal law dated 20.07.2004 N 72-FZ) 1) the quotation, in the original language and in translation, for scientific or for research, polemic, critical or informational purpose, of extracts from lawfully disclosed works, to the extent justified by the purpose, including the reproduction of extracts from newspaper and magazine articles in press reviews;
2) use of lawfully disclosed works and excerpts from them as illustrations in publications, radio or television broadcasts or sound or visual recordings of educational character to the extent justified by the intended purpose;
3) 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 character, in cases where such reproduction, broadcast or cable communication were not expressly prohibited by the author;
4) reproduction in newspapers, the broadcasting or communication to the public by cable of political speeches, publicly calls, reports and other similar works to the extent justified by an informational purpose. The author shall nevertheless retain the right to publish such works in collections;

5) the reproduction or communication to the public in the reporting of current events by means of photography, broadcasting or communication to the public by cable 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) reproduction of lawfully disclosed works without profit in Braille or other special ways for the blind, except for works specially created for such means of reproduction.
2. it is allowed without the author's consent and without payment of remuneration provision for temporary libraries free of charge copies of the works introduced into civil circulation by lawful means. While copies of the works in digital form, including copies of the works, provided in order of mutual use of library resources may be provided in temporary charge indoors only libraries subject to the deletion of the possibility to create a copy of these works in digital form. (Para supplemented by federal law from 20.07.2004 N 72-FZ), Article 20. Use of works by way of reproduction is allowed without the author's consent and without payment of remuneration, but with obligatory indication of the name of the author whose work is used and the source of the borrowing reproduction in one copy and without profit: 1) of lawfully published works by libraries and archives to restore, replace lost or damaged copies, make copies of works by other libraries, lost for some reason works from their collections;
2) of isolated articles or succinct works lawfully published in collections, newspapers or other periodicals, short extracts from lawfully published written works (with or without illustrations illustrations) libraries and archives on request to individuals in educational and research purposes;
3) of isolated articles or succinct works lawfully published in collections, newspapers or other periodicals, short extracts from lawfully published written works (with or without illustrations illustrations) educational institutions for classroom teaching.
Article 21. Free use of works permanently located in places open to public access is allowed without the author's consent and without payment of remuneration the reproduction, broadcasting or communication to the public by cable of works of architecture, photography, fine art, which are permanently in a place open to the public, except where the presentation of the work constitutes the main object of such reproduction, broadcasting or communication to the public by cable or when image works is used for commercial purposes.
Article 22. Free public performance is allowed without the author's consent and without payment of remuneration, public performance of musical works during official and religious ceremonies, and funerals to the extent justified by the nature of such ceremonies.
Article 23. Free reproduction for judicial purposes is permitted without the author's consent and without payment of remuneration, reproduction for judicial proceedings, to the extent justified by that purpose.
Article 24. Free ephemeral recording by broadcasting organizations broadcasting organization may, without the author's consent and without payment of additional remuneration, make ephemeral recording order works in respect of which the Organization was granted the right to broadcast, provided that such entry is made by a broadcasting organization using its own equipment and for its own broadcasts. In doing so, the organization is obliged to destroy such recording within six months after its making if the longer term had not been agreed with the author of the recorded work. Such a record can be saved without the consent of the author of the work in official archives, if the recording is of an exclusively documentary nature.
Article 25. Free reproduction of computer programs and databases. Decompilation of computer programs 1. A person lawfully in possession of a copy of a computer program or database may, without obtaining the permission of the author or other holder of exclusive rights to use the work and without payment of additional remuneration: 1) to the computer program or database changes solely for its functioning on technical means for the user 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 (one COMPUTER, or a single user on the network), as well as correction of obvious errors, except where otherwise provided for by an agreement with the author;

2) to make a copy of a computer program or database, provided that the copy is intended solely for back-up purposes and only to replace the legally owned copy computer programs or databases is lost, destroyed or becomes unusable. A copy of the computer program or database may not be used for any purpose other than that specified in subparagraph 1 of this paragraph, and must be destroyed if the possession of this instance of a computer program or database cease to be lawful.
2. a person who is lawfully in possession of a copy of a computer program may, without the consent of the author or other holder of exclusive rights and without payment of additional remuneration, reproduce and convert the object code into the source code (decompile the program for computers) or to instruct other persons to carry out these actions, if they are necessary to achieve interoperability of an independently developed the computer program with other programs that can interact with the decompiled program subject to the following conditions: 1) information necessary to achieve interoperability has not previously been available to that person from other sources;
2) indicated actions are carried out only in respect of those parts of the decompiled computer program that are necessary to achieve interoperability;
3) information gathered through means of decompilation may only be used to achieve the interoperability of independently developed computer program with other programs, may not be transferred to other persons, except if this is necessary to achieve the interoperability of independently developed computer program with other programs and may not be used to develop a computer program, on its mind is substantially similar to the decompiled computer program or for any other action that violates copyright.
3. Application of the provisions of this article shall not unduly prejudice the normal exploitation of the computer program or database and do not unreasonably prejudice the legitimate interests of the author or other holder of exclusive rights in the computer program or database.
Article 26. Reproduction of works for personal purposes without the author's consent to the payment of remuneration 1. Notwithstanding the provisions of articles 37 and 38 of this law is allowed, without the consent of the author of the work, the performer and the phonogram producer, but with payment of remuneration the reproduction of an audiovisual work or sound recording work for exclusively personal purposes.
2. remuneration for the reproduction referred to in paragraph 1 of this article shall be paid by the manufacturers or importers of equipment (audio and video recorders, and other equipment) and the material carriers (audio and/or video tapes and cassettes, laser discs, CDs and other physical media) used for such reproduction.
Collection and distribution of the remuneration is carried out by one of the organizations that manage the property rights of authors, phonogram producers and performers on a collective basis, in accordance with the agreement between the two organizations (article 44 of this law). If the agreement does not stipulate otherwise, the specified remuneration is allocated in the following proportions: forty percent-author, thirty percent-artist, thirty percent of producers of phonograms.
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 that manage the property rights of authors, phonogram producers and performers on a collective basis, on the other hand, if the parties fail to reach such an agreement, the designated authority of the Russian Federation.
3. compensation shall not be paid with respect to the equipment and physical media specified in the first subparagraph of paragraph 2 of this article which are exported, as well as to professional equipment, not intended for use in the home.
Article 27. Duration of copyright 1. Copyright shall have effect throughout the lifetime of the author and 70 years after his death, except in the cases referred to in this article. (As amended by the Federal law dated 20.07.2004 N 72-FZ) the right of authorship, the right to a name and the right to protection of the author's reputation are protected indefinitely.
2. the author shall have the right, in the same manner as executor, specify the person to whom he entrusts the protection of the rights of authorship, the right to a name and the right to protection of his reputation after his death. This person is exercising its powers for life.
In the absence of such indications, the protection of the rights of authorship, the right to a name and the right to protection of the author's reputation after his death, carried out his heirs or designated authority of the Russian Federation, which conducts such protection, if there are no heirs or their copyright has ceased.

3. Copyright in a work published anonymously or under a pseudonym, lasts for 70 years after the date of its lawful publication. (As amended by the Federal law dated 20.07.2004 N 72-FZ) If within the specified period the author was released anonymously or under a pseudonym reveals his identity or if his identity will not be next to leave the doubt, the provision of the first paragraph of paragraph 1 of this article.
4. the copyright in a work of joint authorship shall have effect throughout the lifetime and 70 years after the death of the last surviving author's other sponsors. (As amended by the Federal law dated 20.07.2004 N 72-FZ)
5. copyright on works first issued in the light after the author's death, lasts for 70 years after its release. (As amended by the Federal law dated 20.07.2004 N 72-FZ) if the author was punished and rehabilitated posthumously, the term of protection of the rights provided for in this article, starts from 1 January of the year following the year of rehabilitation.
If the author worked during the great patriotic war or participated in it, the term of copyright protection provided for by this article shall be increased by 4 years.
6. any period provided for by this article shall run from 1 January of the year following the year in which there had been a legal fact, which is the starting point of the period.
Article 28. Public domain 1. Expiration of copyright on works by means of their transition into the public domain.
(Second paragraph void-the Federal law dated 20.07.2004 N 72-FZ)
2. who Works in the public domain may be used freely by any person without payment of royalties. It should be respected the right of authorship, the right to a name and the right to protection of the reputation of the author (article 15 of this law).
3. The Government of the Russian Federation may establish cases payment of special royalties for the use of works on the territory of the Russian Federation, referred to the public domain. Such payments are paid in professional funds of authors, as well as organizations, managing the economic rights of authors on a collective basis and may not exceed one percent of the profits earned for the use of such works.
Article 29. Move copyright inherited the copyright passes by inheritance.
Not transferred by inheritance right of authorship, the right to a name and the right to protection of the reputation of the author of the work. The author's heirs have the right to the protection of these rights. These powers of heirs for a period is not limited.
In the absence of heirs of author rights protection carries out specially authorized body of the Russian Federation.
Article 30. Transfer of property rights. The copyright agreement 1. Property rights referred to in article 16 of this law may only be transferred by the author's contract, except as provided in articles 18-26 of this Act.
Transfer of property rights can be implemented on the basis of the author's contract for the transfer of exclusive rights or an author's contract for the transfer of non-exclusive rights.
2. The copyright agreement on the transfer of exclusive rights permits the use of works in a certain way and set in this agreement limits only the person to whom those rights are transferred, and gives that person the right to prohibit such use of works by other persons.
The right to prohibit the use of the works of others can be the author of the work, if the person who has transferred exclusive rights does not protect that right.
3. The copyright agreement on transfer of nonexclusive rights allows the user to use the work on equal terms with the owner of the exclusive rights, those rights are transferred, and (or) other persons who have obtained permission to use the works in the same way.
4. Law, passed under an author's contract shall be deemed non-exclusive if the contract expressly provides otherwise.
Article 31. Terms and conditions copyright agreement 1. The copyright agreement should include: how to use the work (specific rights transferred under this Agreement); time and territory that is passed to the right; remuneration and (or) the procedure for determining the remuneration for each way of use of the work, the order and terms of payment, as well as other conditions that parties consider relevant to the Treaty.
If the author's contract terms for the term, which is passed to the right, the contract may be terminated by the author after the expiry of five years from the date of its conclusion if the user will be notified in writing six months before the termination of the contract.
If the author's contract conditions on the territory that is passed to the right, the action passed on the Treaty right is limited to the territory of the Russian Federation.
2. All rights to use the work, not expressly granted under an author's contract shall be deemed to be not passed.
The subject of the author's contract may not be right to use the work, unknown at the time of conclusion of the contract.

3. Remuneration shall be determined in the author's contract as a percentage of income for an appropriate way to use the work or, if this cannot be implemented due to the nature of the work or the peculiarities of usage, as fixed in the contract amount or otherwise.
Minimum rates of remuneration shall be fixed by the Council of Ministers-Government of the Russian Federation. Minimum size of remuneration are indexed at the same time indexing the minimum wage.
If the author's contract on the publication or otherwise reproducing works of remuneration shall be determined as a fixed sum, then the contract must be set maximum circulation of the work.
4. Law, passed under an author's contract may be transferred in whole or in part to other persons only if this is expressly stipulated in the contract.
5. The subject of author's contract may not be right to use the works that the author may create in the future.
6. Condition of copyright agreement, which restricts the author in creating works in the future on this topic or in this field is invalid.
7. The terms of an author's contract that are contrary to the provisions of this Act shall be null and void.
Article 32. Form of author's contract 1. Author's contract shall be concluded in writing. The copyright agreement on the use of works in periodicals may be concluded orally.
2. Upon sale of copies of computer programs and databases and providing mass access to users permitted to use special order contracting, established by the law of the Russian Federation "on the legal protection of computer programs and databases".
Article 33. The copyright agreement order 1. Order by author's contract, the author undertakes to create a piece in accordance with the terms of the Treaty and transmit it to the customer.
2. the customer is obliged by treaty to pay remuneration to the author stipulated advance payment. Size, order and terms of payment of the advance shall be fixed in the contract by agreement of the parties.
Article 34. By author's contract responsibility 1. Defaulting party or improperly performed obligations under an author's contract, is obliged to compensate for damages caused to the other party, including loss of profits.
2. If the author has not provided registered product in accordance with the terms of the order, he is liable for actual damages suffered by the customer.
SECTION III. RELATED RIGHTS Article 35. The scope of the related rights 1. The right to Executive Director recognized him in accordance with this law if: 1) is a citizen of the Russian Federation;
2) performance, staged for the first time took place on the territory of the Russian Federation;
3) execution, recorded on a phonogram protected under the provisions of paragraph 2 of this article;
4) performance, staging, not recorded on a phonogram, included in the broadcast or cable, protected in accordance with the provisions of paragraph 3 of this article.
2. The rights of phonogram producers recognized him in accordance with this law if: 1) the phonogram producer is a national of the Russian Federation or a legal person who has an official position on the territory of the Russian Federation;
2) the phonogram was first published in the territory of the Russian Federation.
3. the rights of broadcasting or cable distribution organizations shall be recognized in accordance with this law if the Organization has a formal position on the territory of the Russian Federation and broadcasts from transmitters located on the territory of the Russian Federation.
4. granting of protection on the territory of the Russian Federation in accordance with the present law objects of related rights of foreign natural and legal persons on the basis of the international agreements of the Russian Federation in respect of the relevant performance, phonogram, broadcast, cablecast, not promoted in the public domain in their country of origin due to the expiry of the period of validity of a country neighbouring rights and are not promoted in the public domain due to expiration in the Russian Federation established by this Act the term of validity of related rights. (As amended by the Federal law dated 20.07.2004 N 72-FZ) Article 36. Subjects of related rights 1. Subjects of related rights are performers, producers of Phonograms and broadcasting organization or cablecasting organization.
2. the producer of phonograms, broadcasting or cable distribution organization shall exercise their rights specified in this section in the context of the rights acquired under agreement with the Executive Director and the author recorded on the phonogram or broadcast or cable works.
Permission to use the performances received from the Director of the play, does not eliminate the need for obtaining authorization from the other artists involved in the production, as well as the author of the executable.

3. the perpetrator exercises described in this section of the law, subject to the rights of the author of the executable.
4. The origin and exercise of neighbouring rights shall not be subject to compliance with any formality. The producer of the phonogram and a performer for an alert about their rights is entitled to use the mark the protection of related rights, which should be placed on every copy of the phonogram and (or) on each containing its case and consists of three elements: the Latin letter "p" in a circle: r;
name of the owner of exclusive related rights;
the year of first publication of the phonogram.
Article 37. The right to Executive Director 1. Except as otherwise provided in this law the Executive Director in respect of its performance the following exclusive rights: the right to a name;
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 the use of the performance in any form, including the right to remuneration for every such form of use or production.
2. The exclusive right to exploit the performance means the right to perform or authorize the following: 1) broadcast or communicate to the public by cable or, if used for such transfer or setting have not been previously transferred to the stream or not implemented using records;
2) record not previously recorded or staged;
3) to play back the recording of the performance;
4) broadcast or cable entry performance, if originally this entry was not made for commercial purposes;
5) rent a published phonogram for commercial purposes, which recorded execution or posing with the participation of the Executive Director. It's right at the conclusion of the contract on the record performance on a phonogram shall pass to the phonogram producer; the contractor reserves the right to remuneration for such instances rental renting Phonograms (article 39 of this law);
6) report to record the performance to the public in such a way that any person may have access to it in interactive mode from any place and at any time of their choice (right of making available to the public). (Supplemented by federal law from 20.07.2004 N 72-FZ)
3. The exclusive right of the performer, as provided for in subparagraph 3 of paragraph 2 of this article shall not apply if: the original recording of the performance was carried out with the consent of the performer;
the reproduction of the performance is made with the same purposes for which consent has been obtained in writing the performance;
the reproduction of the performance is made with the same purposes for which the record was made in accordance with the provisions of article 42 of this law.
4. the Authorization referred to in paragraph 2 of this article shall be issued by the Executive Director, and in the performance of a team of performers head this team through the conclusion of a written contract with the user.
5. Permissions specified in subparagraphs 1, 2 and 3 of paragraph 2 of this article, the subsequent transfer of the performance, the recording for the transfer and playback of such records by the broadcasting or cable distribution organizations shall not be required if they are expressly provided for by the contract of Executive Director with the broadcasting or cable distribution organization. Remuneration to the performer for such use shall be established in the Treaty.
6. Conclusion of the contract between the performer and producer of audiovisual works for the creation of audiovisual works entails the provision by the performer of the rights referred to in subparagraphs 1, 2, 3 and 4 of paragraph 2 of this article.
The granting of such rights by the performer shall be limited to the use of the audiovisual work and, unless the contract provides otherwise, do not include rights to the separate use of the sound or the images fixed in the audiovisual work.
7. Exclusive rights to a performer in accordance with paragraph 2 of this article may be passed to other persons by contract.
Article 38. The rights of phonogram producers 1. In addition to the cases provided for in this Act to the phonogram producer in respect of his phonograms shall belong to the exclusive right to exploit his phonogram in any form, including the right to remuneration for every such form of use of the phonogram.
2. The exclusive right to use of a phonogram means the right to perform or authorize the following: 1) reproduce a phonogram;
2) alter or any other transformation of the phonogram;
3) to distribute copies of the phonogram, i.e., sell, lease, rent them, and so on;
4) importation of copies of the phonogram for dissemination, including copies made with the authorization of the producer of the phonogram;

5) to communicate the sound recording to the public in such a way that any person may have access to it in interactive mode from any place and at any time of their choice (right of making available to the public). (Supplemented by federal law from 20.07.2004 N 72-FZ)
3. Where copies of a lawfully published phonogram have been introduced into civil circulation by means of sale, their subsequent distribution without the consent of the phonogram producer and without payment of remuneration.
The right to distribute copies of the phonogram by putting them in the rental shall belong to the phonogram producer independently of the ownership of these instances.
4. The exclusive rights of phonogram producers referred to in paragraph 2 of the present article, may be transferred to other persons by contract.
Article 39. The use of phonograms, published for commercial purposes, without the consent of the phonogram producer and the performer 1. Notwithstanding the provisions of articles 37 and 38 of this Act is permitted without the consent of the producer of a phonogram published for commercial purposes and of the performer, the performance of which is recorded on such phonogram, but with payment of remuneration: 1) public performance of the phonogram;
2) transfer of phonograms broadcast;
3) communication of the phonogram to the public by cable.
1-1. the provisions of paragraph 1 of this article shall not apply to the making available to the public of phonograms. (Para supplemented by federal law from 20.07.2004 N 72-FZ)
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 that manage the rights of phonogram producers and performers on a collective basis (article 44 of this law), in accordance with the agreement between the two organizations. If the agreement does not stipulate otherwise, the specified remuneration is shared between the producer of a phonogram 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 and performers, on the other hand, if the parties fail to reach such an agreement, the designated authority of the Russian Federation.
Remuneration is established for each type of use of the phonogram.
4. Users of phonograms must provide the organization referred to in paragraph 2 of this article, programs that contain precise information on the number of uses of a phonogram, as well as other information and documents necessary for collection and distribution of remuneration.
Article 40. The rights of broadcasting organizations 1. In addition to the cases provided for by this law, a broadcasting organization in respect of its transmission holds the exclusive right to use the transfer in any form and give permission for the use of the transfer, including the right to remuneration for the granting of such permission.
2. The exclusive right to authorize the use of transfer means the right of the broadcasting organization authorize the following: 1) simultaneously broadcast transmission of another broadcasting organization;
2) report to the transmission to the public by cable;
3) to record the transfer;
4) to play back the recording of the transfer;
5) to communicate the broadcast to the public in places with paid entrance.
3. the exclusive right of broadcasting organizations provided for in subparagraph 4 of paragraph 2 of this article shall not apply to cases where: record transfer was made with the consent of the broadcasting organization;
playback is carried out in the same order in which the recording was made in accordance with the provisions of article 42 of this law.
Article 41. The rights of cablecasting organizations 1. In addition to the cases provided for by this law, cablecasting organizations in respect of its transmission holds the exclusive right to use the transfer in any form and give permission for the use of the transfer, including the right to remuneration for the granting of such permission.
2. The exclusive right to authorize the use of the transmission means the right to cablecasting organizations allow the following operations: 1) simultaneously communicate to the public by cable transmission another cablecasting organizations;
2) transmit broadcast;
3) to record the transfer;
4) to play back the recording of the transfer;
5) to communicate the broadcast to the public in places with paid entrance.
3. The exclusive right to cablecasting organizations provided for in subparagraph 4 of paragraph 2 of this article shall not apply to cases where: record transfer was made with the consent of the broadcasting organization;
playback is carried out in the same order in which the recording was made in accordance with the provisions of article 42 of this law.
Article 42. Restrictions on the rights of the performer, phonogram producer, broadcasting or cable distribution organization

1. Notwithstanding the provisions of articles 37-41 of this Act shall be permitted, without the consent of the performer, phonogram producer, broadcasting or cable distribution organization and without payment of remuneration for use of the performance, staging, broadcast, cablecast, and their records, as well as reproduction of Phonograms: 1) for inclusion on the current developments small excerpts from performances, performances, phonograms, broadcasts or cable;
2) solely for the purposes of teaching or scientific research;
3) for citations in the form of small fragments from a performance, a phonogram performances, broadcasts or cable on the condition that such citation is done for informational purposes. Any use of broadcasting or cable distribution organization copies of a phonogram published for commercial purposes for broadcasting or cable may only be subject to the provisions of article 39 of this law;
4) in other cases established by the provisions of section II of the present Law against restrictions on the property rights of the author of the works of literature, science and art.
2. Notwithstanding the provisions of articles 37-41 of this Act shall be permitted, without the consent of the performer, phonogram producer, broadcasting or cable distribution organization using broadcast or cable and its records, as well as the reproduction of the phonogram for personal purposes. Reproduction of a phonogram shall be permitted subject to payment of remuneration in accordance with article 26 of this law.
3. Do not apply the provisions of articles 37, 38, 40 and 41 of this Act with respect to obtaining permission and the performer, the phonogram producer or the broadcasting organization for the implementation of ephemeral record performance, reproduction or transfer of such records, and to reproduce phonograms published for commercial purposes, if ephemeral recording or playback are carried out by a broadcasting organization using its own equipment and for its own transmission provided : 1) prior authorization of broadcasting organization to broadcast the staging of a performance or programmes for which, in accordance with the provisions of this paragraph are recording or reproduction of such ephemeral recording;
2) its destruction within a time limit which shall be established in respect of ephemeral recordings of literary, scientific and artistic works made by a broadcasting organization in accordance with the provisions of article 24 of this law, except for a single instance, which may be preserved in official archives on the basis of its purely documentary nature.
4. the limitations provided for in this article shall apply without prejudice to the normal exploitation of phonograms, performances, productions, broadcasts or cable and their records, as well as included in these works of literature, science and art, and without prejudice to the legitimate interests of the performer, phonogram producer, broadcasting or cable distribution organizations and authors of these works.
Article 43. Validity of related rights 1. The rights under this section in respect of the Executive Director, shall have effect for 50 years after the first performance.
The Executive rights to a name, the right to the protection of the performance against any distortion or other derogatory Act established by article 37 of this law, are protected indefinitely.
2. The rights under this section in respect of the producer of the phonogram shall have effect for 50 years after the first publication of the phonogram or for 50 years after its first recording if the recording has not been published within this period.
3. The rights under this section in respect of a broadcasting organization shall have effect for 50 years after the implementation of the Organization of the first broadcasts.
4. the rights provided by this section with respect to cablecasting organizations shall have effect for 50 years after the implementation of the Organization of the first cablecast.
5. The calculation of the time limits provided for in paragraphs 1, 2, 3 and 4 of this article, starts from 1 January of the year following the year in which there had been a legal fact, which is the starting point of the period.
6. If the perpetrator was punished and rehabilitated posthumously, the term of protection of the rights provided for in this article, starts from 1 January of the year following the year of rehabilitation.
If the performer worked during the great patriotic war or participated in it, then the term of protection of the rights provided for in this article shall be increased to 4 years.
7. To the heirs (in respect of legal persons-to legal successors), the performer, the phonogram producer or the broadcasting or cable distribution organization goes right to authorize use of the performance, productions, phonograms, broadcasts or cable and to remuneration within the remainder of the periods referred to in paragraphs 1, 2, 3 and 4 of this article.
SECTION IV. The COLLECTIVE MANAGEMENT of ECONOMIC RIGHTS Article 44. The goal of the collective management of economic rights

1. in order to ensure the economic rights of authors, performers, phonogram producers and other holders of copyright and neighbouring rights in cases where their practical realization individually is difficult (public performance, including on radio and television, playing works by mechanical, magnetic and other recording, reproduction and other cases), an organization can create property rights these persons collectively.
Such organizations are created directly by the holders of copyright and related rights and shall act within the limits of their authority on the basis of the Charter, approved in accordance with the legislation.
2. you can create either individual organizations on various rights and various categories of rights holders or organizations administering different rights for different categories of owners, or one organization at the same time the management of copyright and related rights.
Article 45. The Organization for the collective administration of economic rights 1. In accordance with this law, the organization that manages economic rights on a collective basis, may not engage in commercial activities.
In relation to the activities of such an organization shall not apply restrictions under antitrust law.
2. the powers of the collective management of economic rights are passed directly to the holders of copyright and related rights voluntarily on the basis of written agreements, as well as on the relevant treaties with foreign organizations administering similar rights. Such treaties are not copyrighted, and they are not subject to the provisions of articles 30-34 of this law.
Any author, his heir or other holder of copyright and related rights protected in accordance with section III of this Act, has the right to transfer the exercise of its treaty rights of property of such an organization, and the organization is obliged to undertake the exercise of these rights on a collective basis, if such a category of Rights refers to the statutory activities of the organization.
These organizations do not have the right to the use of works and objects of related rights received for collective administration.
3. On the basis of the credentials received, in accordance with paragraph 2 of this article, the organization that manages economic rights on a collective basis, provides licenses to users on appropriate modalities for the use of works and objects of related rights. The terms of such licences should be the same for all users. These organizations shall not be entitled to refuse to issue a license to the user without sufficient justification.
These licenses allow use of ways set forth therein all the works and objects of related rights and is provided on behalf of all holders of copyright and neighbouring rights, including those that are not handed over to the Organization of authority in accordance with paragraph 2 of this article.
All possible property claims by holders of copyright and neighbouring rights to users associated with the use of their works and objects of related rights on such licenses should be settled by the organization providing such license.
4. administering Organization for the collective administration of economic rights shall be entitled to retain unclaimed remuneration, including it in the allocated sum or paying for other purposes in the interests of the holders of copyright and related rights after three years from the date of its receipt at the expense of the organization.
Article 46. The functions of the organizations for the collective administration of economic rights Organization that manages economic rights on collective basis shall perform, on behalf of the holders of copyright and related rights and on the basis of the powers received from the following functions: 1) negotiate with users the remuneration and other terms and conditions on which licences;
2) to provide licenses to users to use the rights that deals with such an organization;
3) negotiate with users of remuneration in cases where the organization is collecting such remuneration without a licence (item 2 of article 26, paragraphs 2 and 3 of article 39 of this law);
4) collect the stipulated reward licenses and (or) the remuneration provided for in paragraph 3 of this article;
5) allocate and disburse collected in accordance with paragraph 4 of this article, remuneration of its submitted to the holders of copyright and related rights;
6) take any legal action necessary to protect the rights that deals with such an organization;
7) to carry out other activities in accordance with the mandate received from the holders of copyright and related rights.
Article 47. Obligations of organizations for the collective administration of economic rights

1. The activities of the organization that manages economic rights on a collective basis, in the interests of the holders of copyright and neighbouring rights, submitted by such an organization. To this end, the Organization should perform the following duties: 1) simultaneously with the payment of a fee to provide the holders of copyright and related rights reports containing information on the use of their rights;
2) use built in accordance with the provisions of paragraph 4 of article 46 of this law rewards exclusively for distribution and payment to the holders of copyright and related rights. The organization is entitled to deduct from the remuneration collected a sum to cover their actual costs for the collection, distribution and payment of such remuneration, as well as the amount, which shall be sent to the special funds established by the Organization, with the consent of and in the interests of the holders of copyright and related rights;
3) distribute and regularly pay fees collected, after deduction of the amounts referred to in subparagraph 2 of this paragraph, in proportion to the actual use of works and objects of related rights.
2. The holders of copyright and related rights, fail the powers of the organization with regard to the collection of the remuneration provided for in paragraph 4 of article 46 of this law, shall be entitled to require the Organization to pay due remuneration in accordance with the produced distribution, as well as to exclude their works or objects of related rights from the licenses provided by this organization to users.
Section v. protection of copyright and related rights Article 48. Infringement of copyright and related rights.
Infringing copies of works or phonograms 1. Illegal exploitation of works or objects protected by neighbouring rights or other violation under this Act copyright or related rights entails civil, administrative, criminal liability in accordance with the legislation of the Russian Federation. (As amended by the Federal law dated 20.07.2004 N 72-FZ)
2. A natural or legal person which does not comply with the requirements of the present law, is infringing copyright or neighbouring rights.
3. Counterfeit copies of works or phonograms are, manufacture or distribution of which entails a violation of copyright and related rights.
4. Counterfeit copies are also protected in the Russian Federation in accordance with the present law works and phonograms are imported without the consent of the holders of copyright and related rights in the Russian Federation from the State in which the works or phonograms have never been protected or have ceased to be protected.
Article 48-1. Technical means of protection of copyright and related rights 1. Technical means of protection of copyright and related rights recognized by any technical devices or components that control access to works or objects of related rights, preventing or restricting the exercise of actions that are not permitted by the author, the holder of related rights or other holder of exclusive rights in respect of works or objects protected by neighbouring rights.
2. In respect of works or objects protected by neighbouring rights shall be permitted: 1) without the permission of the persons referred to in paragraph 1 of this article, actions aimed at removing restrictions of use of works or objects protected by neighbouring rights, established through the application of technical means of protection of copyright and related rights;
2) manufacture, distribution, leasing, rental, provision of a temporary charge, import, advertise any device or its components, their use in order to generate income or provide services in cases where as a result of such action becomes impossible the use of technical means of protection of copyright and related rights, or these technical means will not be able to ensure adequate protection of these rights. (Article supplemented by federal law from 20.07.2004 N 72-FZ) Article 48-2. Copyright and related rights 1. Information on copyright and related rights recognizes any information that identifies a work or object of related rights, the author, the holder of related rights or other holder of exclusive rights, or information about the terms and conditions of use of a work or object of related rights, which is contained in the instance of a work or object of related rights attached thereto or appears in connection with the communication to the public or to the public, bringing such works or object of related rights as well as any numbers and codes, which contain such information.
2. In respect of works or objects protected by neighbouring rights shall be permitted: 1) remove or change without the permission of the persons referred to in paragraph 1 of this article, information on copyright and related rights;

2) reproduce, distribute, import for distribution, public performance, communication to the public, making available to the public of works or objects protected by neighbouring rights, in respect of whom without the permission of the persons referred to in paragraph 1 of this article, was deleted, copyright and related rights. (Article supplemented by federal law from 20.07.2004 N 72-FZ) Article 49. Civil legal means of protecting copyright and related rights 1. The author, holder of related rights or other holder of exclusive rights may protect their rights in ways prescribed by the Civil Code of the Russian Federation.
2. Holders of exclusive rights shall be entitled to demand of their choice from the infringer in lieu of damages: compensation in the amount of 10 thousand rubles to 5 million rubles to be determined at the discretion of the Court, arbitral tribunal or the arbitral tribunal on the basis of the nature of the violation;
twice the amount of the cost of copies of works or objects protected by neighbouring rights, or twice the amount of the value of the rights for exploitation of works or objects protected by neighbouring rights, based on the prices, which are usually charged under comparable circumstances for legitimate use of works or objects protected by neighbouring rights.
The holders of the exclusive rights shall be entitled to demand from the infringer of compensation for each case the misuse of works or objects protected by neighbouring rights or wrongdoings in General.
Compensation will be subject to seizure if proof of wrongdoing irrespective of the presence or absence of losses.
3. Authors and performers in the event of violation of their moral rights or property rights is also entitled to demand from the infringer compensation for moral injury.
4. the author, holder of related rights or other holder of exclusive rights in accordance with the procedure established by law is entitled to apply for protection of their rights in court, the arbitral tribunal, the arbitral tribunal, the procuratorial organs, organs of inquiry or preliminary investigation bodies in accordance with their competence.
5. the organization that manages economic rights on a collective basis, in accordance with the procedure established by law, has the right to go to court on their own behalf with statements in defence of infringed copyright and or related rights persons manage property rights affected by such an organization. (Article in the Editorial Office of the Federal law dated 20.07.2004 N 72-FZ) Article 49-1. Seizure of counterfeit copies of works or phonograms 1. Infringing copies of works or phonograms as well as materials and equipment used for the infringing copies of works or phonograms, and other instruments of the offence shall be confiscated in accordance with the legislation of the Russian Federation.
2. The confiscated infringing copies of works or phonograms shall be destroyed, unless the transfer of copyright holder or related rights, at his request. (Article supplemented by federal law from 20.07.2004 N 72-FZ) Article 50. How to claim in cases of infringement of copyright and related rights 1. The Court or a judge sitting alone, as well as the arbitral tribunal may make a determination on the prohibition of the respondent or the person in respect of whom there are reasonable grounds to believe that it is infringing copyright or neighbouring rights, to commit certain acts (manufacture, reproduction, sale, rental, importing or otherwise provided for in this Act to use, as well as transportation, storage or possession for the purpose of issuing into civil circulation of copies of works or phonograms in respect of which it is assumed that they are counterfeit). (As amended by the Federal law of 19 N 110-FZ)
2. the Court or judge alone, as well as the arbitral tribunal may determine the seizure and confiscation of all copies of works or phonograms, for which it is assumed that they are counterfeit, as well as the materials and equipment intended for their manufacture and reproduction. (As amended by the Federal law of 19 N 110-FZ) if there is sufficient evidence of a violation of copyright or neighbouring rights body conducting an initial inquiry, investigator, court or judge alone must take measures to search for and seizure of copies of works or phonograms, for which it is assumed that they are counterfeit, as well as for materials and equipment intended for manufacturing and reproduction of these copies of works or phonograms including, where necessary, measures for their removal and transfer to safekeeping. (As amended by the Federal law of 19 N 110-FZ), the President of the Russian Federation, b. Yeltsin Moscow, Russia July 9, 1993 House Tips N 5351-I