On Copyright And Related Rights

Original Language Title: Об авторском праве и смежных правах

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expused force since January 1, 2008 -Federal Law of 18.12.2006 N 231-FZ A O N. About copyright and neighbouring rights (In the wording of federal laws from 19.07.95 g. N 110-FZ; dated 20.07.2004. N 72-FZ) SECTION I. GENERAL PROVISIONS Article 1. Subject of regulation This Law regulates the relations arising from the creation and use of works of science, literature and art (copyright), sound-grams, performances, productions, transfers of organizations of ethers or for cable broadcasting (related rights). Article 2. Russian Federation Law on Copyright and Related Rights Russian Federation Law on Copyright and Related Rights is based on of the Constitution of the Russian Federation and consists of the Civil Code of the Russian Federation, this Law, the Law of the Russian Federation of 23 September 1992 No. 3523-I "On the Legal Protection of Programme for Electronic Computing Machinery and Databases", Federal laws. (Article as amended by Federal Law of 20.07.2004) N 72-FZ Article 3. International treaties If an international treaty to which the Russian Federation is a party establishes rules other than those contained in this Act, the rules of the international treaty shall apply. Article 4. Key concepts For the purposes of this Law, the following terms are of the following meaning: The author is a physical person whose creative work has been created; audiovisual work consisting of a fixed series of related personnel (accompanied or accompanied by their sound) designed for visual and auditory (in the case of sound), with the help of appropriate technical devices; audiovisual works include cinematographic works and all works expressed by means similar to film (bodies and videos, films and slide films and similar works), regardless of the manner of their initial or subsequent commitment; data is an objective form of presentation and organization of data collection (articles, calculations and so on), systematized in such a way that the data can be found and processed by an electronic computer machine (computer); reproduction-making one or more copies in any material form, including audio and video recording, three dimensions of one or more instances of a two-dimensional work, and in two dimensions, one or more instances of the three-dimensional The record of a work in memory of the computer is also a reproduction; reproduction of one or more copies of the phonograph or its parts on any material medium; record-commit sound and/or images, by means of a material form, allowing their repeated acceptance, reproduction or communication; the manufacturer of the audiovisual work is a natural or legal person who has taken the initiative and is responsible for making such a work In the absence of proof by another manufacturer of the audiovisual work, a natural or legal person whose name or name is designated in this work normally; phonogram manufacturer; natural or legal person taking the initiative and The first sound recording of performance or other sound; in the absence of evidence by the manufacturer, a natural or legal person whose name or name is denoted on the phonograph and/or containing its case in the usual way; performance-the presentation of works, phonograms, executions, productions through game, recitation, singing, dancing in live performance or with the help of technical means (broadcasting, cable, television and other technical means); display of audiovisual recordings in their sequence (accompanied or unaccompanied by sound); performer-actor, singer, musician, dancer or other person who plays a role, reads, recite, plays, plays on a musical instrument or other performs works of literature or art (including an epitomical, circus or puppet number), as well as the director of the performance and conductor; the publication of the work was carried out with the consent of the author, which makes it possible for the first time to make a product available for all Publication, public display, public execution, broadcasting or other means; publication (in the light)-issue of copies of works, phonograms with the consent of the author of the work, the manufacturer of the phonogram in a quantity sufficient to meet reasonable needs of the public, based on the nature of the work, the phonogram; broadcast-message of works, phonograms, executions, productions, broadcasting or cable organizations (including display or performance) by radio or television (except cable television). During the transfer of works, phonograms, executions, productions, broadcasting of airwaves or cable broadcasting via satellite is understood to be the reception of signals from the ground station to the satellite and the transmission of signals from the satellite, by means of which the works, phonograms, performance, production, broadcasting of broadcasting or cable organizations can be brought to the attention of the general public regardless of the actual public acceptance; or cable broadcasting, a transfer established by the organization of the airwaves, or cable broadcasting as well as on its order by means of another organization; Show of original or copy of works directly or on screen by film, transparencies, television frame, or other technical means, as well as a demonstration of individual images of the audiovisual work without observing their sequence; subsequent broadcasting on the air-subsequent broadcasting of previously transmitted works, phonograms, performance, productions, broadcasting or cable broadcasting organizations; Computer software is an objective form of the collection of data and commands for the operation of computers and other computer devices in order to obtain a certain result, including the travaux préparations, computer applications and audiovisual mediations produced by the computer; Works of decorative and applied art-a two-dimensional or three-dimensional artwork carried over to practical including the work of art or work, manufactured by industrial means; public display, public execution or communication for general information-any display, performance or message of works, phonograms, executions, productions, transfers of ether organizations, or cable broadcasting directly, either by means of technical means in a place open to a free visit, or in a place where there is a significant number of persons not belonging to the normal family, regardless of whether or not they are perceived works, phonograms, execution, staging, transfer of organizations of airtime or cable broadcasting at the location of their communication or elsewhere at the same time as the message of works, phonograms, performances, productions of broadcasting or cable broadcasting; director of the performance-the person who carried out the performance Theatrical, circus, puppet, stage or other performance (performances); rendition (reproduction)-facsimile reproduction in any size and shape of one or more instances originals or copies of written and other graphics by Photocopy or other technical means other than publication; reproduction does not include the storage or reproduction of specified copies in electronic (including digital), optical or other machine-readable form; rent (hire)-provide an instance of a product or a phonogram in temporary use for the purpose of deriving a direct or indirect commercial benefit; reporting-show, execute, broadcast, or Take another action (except for the distribution of copies of the work or the phonograms) by which works, phonograms, performances, performances, broadcasting of broadcasting or cable organizations are made available for hearing and/or visual perception, regardless of their actual perception public; report for general information by cable-report works, phonograms, execution, production, broadcasting of broadcasting or cable organizations for general information by means of cable, wire, fiber optic, or using similar tools; phonogram-any exclusively sound recording of performance or other sounds; copy of the work is a copy of any material made in any tangible form; phonogram copy of the phonogram copy on any material medium, made directly or indirectly from the phonogram, which includes all the sounds or some of the sounds recorded in the phonogram. SECTION II. COPYRIGHT Article 5. Scope of copyright 1. The copyright: 1) applies to works published in the territory of the Russian Federation or unpublished but in any objective form on the territory of the Russian Federation, and is recognized by the authors (their successors) irrespective of their nationality; 2) applies to works published outside the territory of the Russian Federation or unpublished but in any objective form OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Paragraph in the wording of Federal Law of 20.07.2004) N 72-FZ 2. It is also considered first published in the Russian Federation, if within 30 days after the date of the first publication outside the Russian Federation it has been published in the territory of the Russian Federation. class="ed"> (In the wording of the Federal Law of 20.07.2004) N 72-FZ 3. When granting protection to the work in the territory of the Russian Federation in accordance with international treaties of the Russian Federation, the author of the work is determined by the law of the State on whose territory the legal fact was present, a legal basis for the possession of copyright. 4. The Russian Federation is provided with protection in accordance with the international agreements of the Russian Federation in respect of works that have not been transferred to the public domain in the country of origin As a consequence of the expiry of the period of copyright in such a country and not transferred to the public domain in the Russian Federation as a result of the expiration of the copyright period provided for by this Act. When granting protection to the work in accordance with international treaties of the Russian Federation, the duration of copyright in the territory of the Russian Federation cannot exceed the duration of the copyright period The right in the country of origin of the work. (The paragraph is amended by the Federal Law of 20 July 2004. N 72-FZ Article 6. The copyright object. General provisions 1. The copyright applies to the works of science, literature and art, which are the result of creative activity, irrespective of the purpose and merit of the work, as well as the way in which it is expressed. 2. Copyright applies to published works as well as to unpublished works that exist in any objective form: written (manuscript, typing, musical notation, and so on); oral (public performance, public execution and so on); sound or video recordings (mechanical, magnetic, digital, optical and so on); images (drawing, sketch, painting, drawing, drawing, drawing, body, television, video, or photo frame and so on); volumetric-spatial (sculpture, model, layout, structure, and so on); in other forms. 3. Part of the work (including its name), which meets the requirements of paragraph 1 of this article and may be used alone, is a subject of copyright. 4. Copyright does not apply to ideas, methods, processes, systems, methods, concepts, principles, discoveries, facts. 5. The copyright of the work is not related to the right of ownership of the material object in which the work is expressed. The transfer of title to a tangible object or the ownership of a tangible object does not in itself entail the transfer of any copyright to the work expressed in that object, except in the cases provided for in the object Article 17 of this Law. Article 7. Compositions that are objects of copyright 1. Copyright objects are: literary works (including computer programs); dramatic and musical-dramatic works, stage works; choreographic works and pantomime; musical works with text or without text; audiovisual works (cinema, body and video films, slide films, films and other cinemas); works of painting, sculpture, graphics, design, graphic novels, comics, and others works of fine art; works of decorative-applied and scenic art; works of architecture, town planning and garden art; photographic works and artwork obtained by means similar to photographs; geographical, geological and other maps, plans, designs and plastic works relating to geography, topography and other sciences; other works. 2. The protection of computer applications extends to all types of computer applications (including operating systems) that can be expressed in any language and in any form, including source code and object code. 3. Copyright objects also include: derivative works (translations, processing, annotations, abstracts, summaries, reviews, staging, staging and other processing of science, literature and art); collections (encyclopedias, anthologies, databases) and other composers, which are the result of creative work. Derivative works and composite works are protected by copyright, regardless of whether the works on which they are based or which they include are copyrighs. Article 8. Compositions other than objects Copyright are not copyright objects: official documents (laws, court decisions, other legislative, administrative, and judicial texts) character), as well as their official translations; State symbols and signs (flags, coats of arms, orders, monetary symbols and other public symbols and symbols); works of folk art; event and event messages The facts of the case are of an information nature. Article 9. The emergence of copyright. Presumption of authorship 1. The copyright for the work of science, literature and art arises because of its creation. The creation and implementation of copyright does not require the registration of a work, other special processing of a work or the observance of any formalities. The copyright of the exclusive copyright notice is entitled to use the copyright label, which is placed on every copy of the work and consists of three elements: "C" in the circle: C; the name of the copyright owner; year of the first publication of the work. 2. In the absence of proof by the author, the author is considered to be the author on the original or copy of the work. 3. When the works are published anonymized or pseudonym (except where the author's pseudonym leaves no doubt about his identity), the publisher, whose name or name is marked on a work, in the absence of proof of inoca is considered as the author's representative under this Act and, as such, has the right to protect the rights of the author and to ensure their implementation. This provision shall remain in effect until such time as the author of such a work has revealed his identity or indicates his authorship. Article 10. Co-authorship 1. The copyright to the work created by the joint creative work of two or more persons (co-authorship) is co-authored by the co-authors, regardless of whether such work forms a single integral whole or consists of parts, each of which has its own value. Part of the work is recognized as having its own meaning if it can be used independently of other parts of this work. Each of the co-authors has the right to use the part of the work it has created, which has its own meaning, unless otherwise stipulated by an agreement between them. 2. The right to use the work in general belongs to the co-authors. The co-authors ' relations may be determined by agreement between them. If the work of the co-authors forms one non-breaking whole, none of the co-authors has the right to forbid the use of the work without sufficient reason. Article 11. The copyright of composers and other composers 1. The author of the collection and other composers (composer) is a copyright for the selection or placement of materials representing the result of creative work (writing). The drafter is entitled to copyright subject to the authors ' rights of each of the works included in the composite work. The authors of works included in the composite work are entitled to use their works independently of the composite work unless otherwise provided by the copyright. The originator's copyright does not prevent others from reselecting or arranging the same material for their composers. 2. The publisher of encyclopedias, encyclopaedic dictionaries, periodicals and continuing collections of scientific papers, newspapers, magazines and other periodicals have exclusive rights to use such publications. The publisher shall have the right, in any use of such publications, to indicate its name or to demand such instruction. Authors of works included in such publications retain exclusive rights to use their works independently of the publication as a whole. Article 12. The copyright of translators and authors of other derived works 1. Translators and authors of other derivative works shall be copyrighted by their translation, modification, aranging or other processing. Translator and author of other derivative works shall enjoy the copyright to the work he has created, subject to the author's rights of the author's translation, alterations, alterations, or other processing. 2. The copyright of translators and authors of other derivative works does not prevent other persons from carrying out their translations and processing of the same works. Article 13. The copyright for audiovisual works 1. The authors of the audiovisual work are: director-director; screenwriter (script writer); author of the music (with or without text) specially created for this audiovisual Composers. 2. The conclusion of the audiovisual work contract entails the transfer by the authors of this work to the manufacturer of audiovisual works of exclusive rights to reproduce, distribute, public, and report on cable for general information, transmission to air or any other public communication of the audiovisual work as well as to subtiring and duplication of the text of the audiovisual work, unless otherwise provided in the treaty. These rights are valid for the duration of the copyright of the audiovisual work. The audiovisual manufacturer may, in any use of this work, indicate his or her name or name. 3. The author of a musical work (with or without text) retains the right to remuneration for the public performance of his musical work. 4. The authors of works included in the audiovisual work as the author of the novel (author of the novel, based on the script, and others) as well as those created during the course of work on him (director, art director, and art director) others), enjoy the copyright of each piece. Article 14. Service work copyright 1. The copyrights of a work created in the course of official duties or in the service of the employer (official work) belong to the author of the work. 2. Exceptional rights to the use of a work product belong to the person with whom the author is a labour (employer), unless otherwise stipulated in the contract between the author and the author. The amount of the author's remuneration for each use of the work product and the manner in which it is paid shall be established by the contract between the author and the employer. 3. The employer may, in any use of a service work, indicate its name or require such instruction. 4. Encyclopedia, encyclopedia, periodic and continuing collections of scientific papers, newspapers, magazines and other periodicals (art. 11 of this Law) the provisions of this article are not subject to the provisions of this article. Article 15. Personal non-property rights 1. The author of his work is the following personal non-property rights: the right to be recognized by the author of the work (the right of authorship); the right to use or authorize the use of a work under the original name Author, alias or unnamed name, i.e. anonymous (right to name); authority to publish or authorize the publication of the work in any form (the right to be made public), including the right to withdraw; the right to be protected including its name, from any distortion or inogue an attack liable to damage the author's honour and dignity (the right to protection of the author's reputation). 2. The author is entitled to forego the earlier decision on the disclosure of a work (the right of withdrawal), provided that the loss is compensated to the user, including loss of profits. If the work has already been made public, the author must publicly announce his withdrawal. In doing so, he is entitled to remove from his account the previously manufactured copies of the work. The provisions of this paragraph shall not apply to the creation of service positions. 3. Personal non-property rights are vested in the author, regardless of his property rights, and are retained in the event of an assignment of exclusive rights to the use of the work. Article 16. Property rights 1. The author has exclusive rights to use the work in any form and in any manner. 2. The author's exclusive rights to use a work means the right to perform or authorize the following actions: reproduce the work (the right to play); distribute copies of the work to any For: sell, rent, and so on (the right to distribute); import copies of the product for distribution, including those manufactured with the permission of the exclusive copyright holder rights (the right to import); publicly display The work (the right to public display); to perform the work publicly (the right to public performance); to report the work (including the display, performance or broadcast) for general information by broadcasting and broadcasting (or) subsequent broadcast (right to be broadcast); To report the work (including display, performance or broadcast) for general information by cable, wire or other similar means (right of communication for Universal information on the cable); translate product (right to translation); modify, arrange, or otherwise process the product (the right to reprocessing); report the work in a manner in which any person may have Access to it in an interactive mode from anywhere and at any time of its choice (right to bring it to the attention of all). (New paragraph 11 is amended by Federal Law dated 20.07.2004. N 72-FZ) 2-1. The author's rights to the use of designer, architectural, urban and park projects include the practical implementation of such projects. The author of the accepted architectural project has the right to demand from the employer the right to participate in the implementation of his project in the development of construction documents and construction of a building or structure, unless otherwise provided in Treaty.(Paragraph 11 is considered as paragraph 2-1 in the wording of Federal Law of 20.07.2004). N 72-FZ 3. If copies of a rightfully published work are entered into civil turnover by means of their sale, they are allowed to be further distributed without the author's consent and without payment of the author's remuneration. The right to distribute copies of a work by depositing them belongs to the author, regardless of ownership of the copies. 4. The size and the order of the author's remuneration for each use of the work are established in the author's contract, as well as in contracts entered into by the organizations administering the authors ' property rights on a collective basis, c users. 5. The limitations of the authors referred to in paragraph 2 of this article shall be established by articles 17 to 26 of this Law, provided that such use does not cause unreasonable harm to the normal use of the work and does not impinge on the baseless The author's legitimate interests. Article 17. The right of access to works of fine art. Sequence 1. The author of the fine art has the right to demand from the owner the possibility of exercising the right to reproduce his work (the right of access). The owner of the work may not be required to deliver the work to the author. 2. The transfer of ownership of a work of fine art (gift or free of charge) from the author to another means the first sale of the work. In each case of the public resale of the fine art (through an auction, art gallery, art gallery, shop, etc.), at a price greater than the previous 20 per cent, the author is entitled to 5 per cent of the resale price from the seller (the right of follow-up). This right is inalienable and only proceeds to the heirs of the author under the law for the duration of copyright. Article 18. Reproduction for personal purposes without the author's consent and without payment of the author's compensation 1. It is permitted without the consent of the author and without payment of the author's remuneration for reproduction of the lawfully published work solely for personal purposes, except as provided for in article 26 of this Law. 2. The provision in paragraph 1 of this article does not apply to: reproduction of architectural works in the form of buildings and similar structures; reproduction of databases or substantial parts thereof; Playback of computers, except as provided for in article 25 of this Law; rendition of books (full) and texts. Article 19. Using a product without the consent of the author and without payment of the author's remuneration 1. It is allowed without the author's consent and without payment of the author's remuneration, but with the obligatory indication of the author's name, the work of which is used, and the source of the borrowings: (In the wording of Federal Law dated 20.07.2004. N 72-FZ) (1) quoting in the original and translating in scientific, research, polemical, critical and information purposes from legally published works in volume, justified purpose of citation, including Replay excerpts from newspaper and magazine articles in the form of press reviews; (2) the use of rightfully published works and excerpts from them as illustrations in publications, radio and television broadcasts, audio and video recordings Training in an amount justified by the objective; 3) Playing in newspapers, broadcasting or cables for the general information of articles published in newspapers or magazines on current economic, political, social and religious matters or broadcasting of the same nature in cases where such reproduction, broadcast or cable was not specifically prohibited by the author; 4) in newspapers, broadcast or communication for public information publicly statements, appeals, reports and other similar Works in an amount justified by the information objective. The author retains the right to publish such works in compilations; 5) to play or message for the general information in the current event reviews by means of photography, by broadcasting or by messages for A general information about the cable of works that become seen or heard during such events, in an amount justified by the information goal. However, the author retains the right to publish such works in collections; 6) to reproduce rightfully published works without profit from the relief-point font or other special ways for the blind, other than those specially created for these types of playback. 2. It is permitted without the consent of the author and without payment of the author's remuneration to the temporary use of libraries of copies of works entered in the civil turnover by legal means. In so doing, copies of works expressed in digital form, including copies of works provided for the mutual use of library resources, may be made available for temporary use only in premises libraries, subject to an exclusion of the possibility of creating copies of these pieces in digital form. (The paragraph is amended by the Federal Law of 20 July 2004. N 72-FZ) Article 20. The use of works by reproduction Is allowed without the author's consent and without payment of the author's remuneration, but with a mandatory indication of the author's name, the work of which is in use, and the source of the loan Rendition without profit: 1) legitimately published by libraries and archives to restore, replace lost or damaged instances, provide copies of the work to other libraries that have lost their work for any reason funds; 2) selected articles and small volumes, published in compilations, newspapers and other periodicals, short excerpts of legally published writings (with or without illustrations (illustrations) by libraries and archives on requests by individuals for educational and research purposes; 3) selected articles and small volumes published in compilations, newspapers and other periodicals, short extracts from lawfully published writings (c or without illustrations) by educational institutions for classroom instruction. Article 21. Free use of works, permanently places open to the free visits It is allowed without the author's consent and without payment of the author's remuneration or a message for general information about the cable of architecture, photography, fine art, which are permanently located in a place open to a free visit, except when the image of the work is the main object of such playback, transmissions or messages For general information about the cable, or when the image is used for commercial purposes. Article 22. Free public execution It is permitted without the author's consent and without payment of the author's remuneration for the public performance of musical works during official and religious ceremonies, as well as a funeral in the amount, justified The nature of such ceremonies. Article 23. Free reproduction for judicial purposes It is possible without the author's consent and without payment of the author's remuneration to reproduce works for trial in an amount that is justified by this purpose. Article 24. A free record of the short term, broadcasting organizations of broadcasting The organization of airwaves may, without the consent of the author, and without the payment of additional remuneration, make a recording of the short term The Conference of the States parties to the Convention on the Rights of the child (art. In so doing, the organization is obliged to destroy the record within six months after its manufacture, if the longer period was not agreed with the author of the recorded work. Such a record may be retained without the consent of the author of the work in the official archives, if the record is solely documentary. Article 25. Free software playback for computers and databases. Computer software compilation 1. A person who legitimately owns the computer or database software instance, is entitled without permission from the author or other holder of exclusive rights to use the work and without payment of the additional remuneration: 1) in a computer program or a database, solely for the purpose of its operation on a user's technical means, to carry out any activity related to the operation of the computer or database software in accordance with its Number of assignments, including records and storage in computer memory (one computer or one) of the user of the network), as well as the correction of obvious errors, unless otherwise provided by the author contract; 2) make a copy of the computer or database software provided that the copy is intended for archival purposes only and for replacement purposes The right acquired instance in cases where the original computer or database software has been lost, destroyed, or has become unusable. However, a copy of the computer or database software may not be used for purposes other than that specified in paragraph 1 of this paragraph and shall be destroyed if the computer or database instance is no longer owned legitimate. 2. A person who rightfully owns an instance of the computer program, is entitled without the consent of the author or other holder of exclusive rights, and without payment of additional remuneration to reproduce and convert the object code into the source code (to be decompilated) computer programme) or other persons to carry out these activities, if they are necessary to achieve interoperability, independently developed by the computer, with other programmes that may interact with A decompiled program, subject to the following conditions: 1) the information needed to achieve interoperability was not previously available to this person from other sources; (2) the above actions apply only to those parts of the computer program that is being compiled required for interoperability; 3) information obtained from decompilation can only be used to achieve interoperability of an independently developed computer program with others programmes, may not be transferred to other persons, unless this is the case is essential for the interoperability of an independently developed computer programme with other programmes, and cannot be used to develop a computer programme, in terms of its type substantially similar to that of the decompiled programme for the computer, or for any other action that violates the copyright law. 3. The application of the provisions of this article shall not cause undue harm to the normal use of a computer or database programme and shall not unduly impair the legitimate interests of the author or other holder of exclusive rights to: computer program or database. Article 26. Reproduction for personal purposes without the author's consent with payment of the author's compensation 1. In the exemption from the provisions of articles 37 and 38 of this Law, it is permitted without the consent of the author of the work, the performer and the manufacturer of the phonogram, but with payment of remuneration for the reproduction of the audiovisual work or sound recording For personal purposes only. 2. Rewards 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, other equipment) and material media (audio and/or) video tapes and cassettes, lasers discs, CD-ROs, other material media) used for such reproduction. The collection and distribution of this remuneration is done by one of the organizations administering the property rights of authors, producers of phonograms and performers on a collective basis, in accordance with the agreement between them (art. 44 of this Act). Unless the agreement provides otherwise, the fee is distributed in the following proportions: forty per cent to authors, 30 per cent to performers, 30 per cent to manufacturers of phonograms. The level of remuneration and terms of payment shall be determined by agreement between the specified manufacturers and importers on the one hand, and the organizations administering the property rights of the authors, producers of phonograms and producers On the other hand, on the other hand, if the parties fail to reach such an agreement, the competent authority of the Russian Federation. 3. No compensation shall be paid in respect of the equipment and the physical vehicles referred to in paragraph 1 of this article, which are the subject of export, as well as to professional equipment not intended for use by the in the home. Article 27. The copyright period 1. Copyright applies throughout the author's life and 70 years after his death, except in the cases provided for in this article. (In the wording of Federal Law of 20.07.2004) N 72-FZ) The authorship, the right to name and the right to protection of the author's reputation are protected indefinitely. 2. The author is entitled, in the same manner as the executor of the will, to indicate the person to whom he holds 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 exercises his authority for life. In the absence of such instructions, the protection of the authorship, the right to the name and the right to the protection of the author's reputation upon his death shall be exercised by his heirs or by a specially authorized body of the Russian Federation, who shall exercise such authority. Security, if the heirs are missing or their copyright has ceased. 3. The copyright to a work published anonymor under an alias is valid for 70 years after the date of its lawful proclamation. (In the wording of Federal Law of 20.07.2004) N 72-FZ) If the author of an anonymous or pseudony/pseudonymy will reveal his identity or his identity within a specified period of time, the paragraph in first paragraph 1 applies of this article. 4. The copyright to a work created by co-authorship is valid throughout life and 70 years after the death of the author, who has survived other co-authors. (In the wording of Federal Law of 20.07.2004) N 72-FZ 5. The copyright of works that were first released after the author's death is valid for 70 years after the author's release. (In the wording of Federal Law of 20.07.2004) N 72-FZ) If the author was repressed and rehabilitated posthumously, the period of protection provided for in this article is effective from 1 January of the year following the year of rehabilitation. In the event that the author worked during or participated in the Great Patriotic War, the period of copyright protection provided for in this article shall be increased by four years. 6. The calculation of the time limits provided for in this article shall begin on 1 January of the year following the year in which there was a legal fact that is the basis for the commencement of the period. Article 28. Public Domain 1. The expiration of the copyright term means that they are transferred to the public domain. (Paragraph 2 has lost its power-Federal Law of 20.07.2004). N 72-FZ 2. The works transferred to the public domain may be freely used by any person without remuneration. The right of authorship, the right to a name and the right to the protection of the author's reputation (art. 15 of this Act) must be respected. 3. The Government of the Russian Federation may establish special charges for the use of works in the Russian Federation that have been transferred to the public domain. Such contributions shall be paid to the authors 'professional funds, as well as to organizations administering the authors' property rights on a collective basis, and may not exceed one per cent of the profits earned on the use of such works. Article 29. The copyright of the inheritance Copyright is inherited. Does not inherit the right of authorship, the right to the name and the right to protect the reputation of the author of the work. The authors have the right to defend these rights. This entitlement of heirs is not limited. In the absence of the author's heirs, the protection of these rights is exercised by the specially authorized body of the Russian Federation. Article 30. Transfer of property rights. Contract Copyright 1. The property rights referred to in article 16 of this Law may be transferred only under the copyright, except as provided for in articles 18 to 26 of this Law. The transfer of property rights may be effected on the basis of an exclusive rights transfer contract or an exclusive copyright contract. 2. The authorization contract for the transfer of exclusive rights permits the use of the work in a certain manner and within the limits established by the treaty only to the person to whom these rights are transferred, and entifies such person to prohibit such use The works of other persons. The right to prohibit the use of a work by other persons may be exercised by the author of a work if the person to whom the exclusive rights have been transferred shall not protect that right. 3. The Copyright Treaty allows the user to use the work on an equal basis with the exclusive rights holder and (or) other persons authorized to use the work in such a way in the same way. 4. The rights to be transferred to an author's contract are deemed not to be exclusive unless the treaty expressly provides otherwise. Article 31. The terms of the copyright 1. The copyright must provide for: the manner in which the work is to be used (specific rights transferred under the contract); the time and territory to which the right is transferred; the level of remuneration and (or) the manner in which the remuneration is determined each way of using the work, the order and timing of its payment, as well as other conditions that the parties consider essential for the treaty. If there is no term in the author's contract of the period to which the right is transferred, the contract may be terminated by the author after five years from the date of his/her conclusion, if the user has been notified in writing about it six months before The termination of the contract. In the absence of a condition in the author's contract of the territory to which the right is transferred, the operation of the right transferred under the contract is limited to the territory of the Russian Federation. 2. Any right to use a work that is not directly transferred to the author's contract shall be deemed not to be transferred. The object of the copyright cannot be the right to use a work unknown at the time of the conclusion of the contract. 3. Remuneration is defined in the author's contract as a percentage of revenue for the appropriate use of the work, or, if this is not possible due to the nature of the work or its usage, in the form of by a fixed amount or other amount in the contract. The Council of Ministers, the Government of the Russian Federation, shall determine the minimum rates of remuneration. The minimum wage is indexed at the same time as the minimum wage. If a fee is fixed in the form of a fixed amount in the author's copyright or other reproduction, the contract must have a maximum print run. 4. Rights transferred under the copyright may be transferred in whole or in part only if expressly provided for by the treaty. 5. The object of the author's contract cannot be the right to use the works that the author can create in the future. 6. The condition of the author's contract, which limits the author to the creation of works on this topic in the future or in this area, is invalid. 7. The terms of the author's contract, which are contrary to the provisions of this Law, are null and void. Article 32. The copyright form 1. The copyright contract must be concluded in writing. The copyright contract for the use of the work in the periodic press may be concluded orally. 2. In the sale of copies of software for computers and databases and the provision of access to mass users, it is possible to apply special procedures for the conclusion of contracts established by the Russian Federation Act " About Legal Security for Computer Software and Databases". Article 33. Order contract 1. According to the author's contract, the author undertakes to create the work in accordance with the terms of the contract and hand it over to the customer. 2. The customer is required to pay the advance payment to the author of the contract. The amount, order and date of payment of the advance shall be established by the agreement of the parties. Article 34. The responsibility of the author's contract 1. A party that has not performed or improperly performed an obligation under the author's contract is required to pay damages to the other party, including loss of profits. 2. If the author has not submitted a registered work in accordance with the terms of the order contract, he is obliged to pay compensation for the actual damage caused to the customer. SECTION III. RELATED RIGHTS Article 35. The scope of adjacent rights 1. The performer's rights are recognized under this Act in cases where: (1) the performer is a citizen of the Russian Federation; 2) performance, the production for the first time in the territory of the Russian Federation Federation; 3) performance, written to the phonogram protected according to the provisions of paragraph 2 of this Article; 4) performance, not recorded in the phonogram, is included in the broadcast or on cable, in accordance with the provisions of paragraph 3 of this article. 2. The rights of the manufacturer of the phonogram are recognized under this Act in cases where: 1) the manufacturer of the phonogram is a citizen of the Russian Federation or a legal person having an official location on the The Russian Federation territory; 2) the phonograph is first published in the Russian Federation. 3. The rights of broadcasting or broadcasting shall be recognized under this Act in the event that the organization has an official location in the territory of the Russian Federation and carries out transfers by means of transmitters, in the territory of the Russian Federation. 4. In accordance with this Act, the furnace in the territory of the Russian Federation for the protection of the related rights of foreign natural and legal persons on the basis of the international treaties of the Russian Federation is carried out in respect of Relevant performance, sound programmes, broadcasting, cables not transferred to the public domain in the country of origin due to the expiry of the related rights and non-commons in the country OF THE PRESIDENT OF THE RUSSIAN FEDERATION The duration of the related rights. (In the wording of Federal Law No. N 72-FZ) Article 36. The subjects of related rights 1. Subjects of related rights are the performers, producers of phonograms, the organization of airwaves or cable broadcasting. 2. The manufacturer of the phonogram, the organization of broadcasting or cable broadcasting shall exercise their rights as specified in this section, within the limits of the rights received under the contract with the artist and the author of the written on the phonogram, or transferred to the ether or by product cable. The permission to use the production received from the stage director does not eliminate the need to obtain permission from other performers involved in the production, as well as the author of the production. 3. The perpetrator shall exercise the rights referred to in this section, subject to the rights of the author of the work. 4. No formality is required for the occurrence and implementation of related rights. The manufacturer of the phonogram and the executor for alerting of their rights has the right to use the protection of adjacent rights, which is placed on each instance of the phonogram and (or) on each containing case and consists of three elements: Latin letter "R" in circle: P; name (s) of exclusive copyright holder; year of the first publication of the phonogram. Article 37. Artist rights 1. In addition to the cases provided for in this Act, the following exceptions are granted to the perpetrator: right to name; the right to protection of performance or production of any distortion or Other infringements which may harm the honour and dignity of the perpetrator; the right to use performance or production in any form, including the right to receive remuneration for each use of performance or production. 2. An exclusive right to use performance or production means the right to execute or authorize the following actions: 1) to be broadcast or to communicate to the general information by the cable performance or production, if The execution or production used for such a transfer was not previously broadcast or was not carried out using the record; 2) to record previously unrecorded performance or production; 3) to play the record performance or production; 4) broadcast or cable performance or production, if initially the record was not for commercial purposes; 5) to rent a phonograph published for commercial purposes where performance or staging with the participation of the singer is recorded. This right is transferred to the manufacturer of the phonogram when entering into a performance record or placing on the phonogram; the performer retains the right to reward for renting copies of the phonogram (art. 39) Law); 6) report the recording of performance or production for general information in a manner in which any person can have access to it online from anywhere and at any time their choice (right to be informed). (Subparagraph (e) is supplemented by Federal Law of 20 July 2004. N 72-FZ 3. The exclusive right of the perpetrator, as provided for in paragraph 2 (3) of this article, shall not apply in cases where: initial performance or production of the production has been carried out with the consent of the perpetrator; Playback or staging is performed for the same purposes for which the executor agreed when recording of performance or production; reproduction or production is performed for the same purpose, for that were recorded in accordance with the provisions of article 42 of the present The law. 4. The authorizations referred to in paragraph 2 of this article shall be issued by the executor and, in execution, by the collective of the executors, by the conclusion of a written contract with the user. 5. The authorizations referred to in paragraphs 1, 2 and 3 of paragraph 2 of this article for subsequent transfers of performance or production, the recording of such recordings shall not be required for the transmission and reproduction of such recordings by the organizations of broadcasting or cable broadcasting, if any They are expressly provided for by the contract of the singer with the organization of broadcasting or cable broadcasting. The amount of remuneration of the perpetrator for such use shall also be established in the contract. 6. The conclusion of the contract between the executor and the manufacturer of the audiovisual work shall be the result of the granting of the rights referred to in paragraphs 1, 2, 3 and 4 of paragraph 2 of this article. The provision of such rights by the perpetrator is limited to the use of the audiovisual work and, unless otherwise specified in the contract, does not include the rights to the use of audio or visual images recorded in the audiovisual works. 7. The exclusive rights of the perpetrator referred to in paragraph 2 of this article may be transferred under the contract to other persons. Article 38. The right of the phonogram manufacturer 1. In addition to the cases specified in the Act, the phonogram manufacturer of the phonogram belongs to the exclusive right to use the phonogram in any form, including the right to receive remuneration for each use Phonograms. 2. The exclusive right to use the phonogram means the right to perform or allow the following actions: 1) to play the sound-gram; 2) to redesign or any other way to recycle the phonograph; 3) distribute copies of the phonogram, i.e. sell, rent them, and so on; 4) import copies of the phonogram for distribution purposes, including those manufactured with the manufacturer's permission Phonograms; 5) Report the phonogram for general information in a manner in which any person can have access to it in an interactive manner from anywhere and at any time of his or her choice (right to be informed). (Subparagraph (e) is supplemented by Federal Law of 20 July 2004. N 72-FZ 3. If copies of the published phonogram are entered in the civil turnover by means of their sale, they are allowed to be further distributed without the consent of the manufacturer of the phonogram and without payment of the remuneration. The right to distribute copies of the phonogram by delivery belongs to the manufacturer of the phonogram irrespective of the ownership of these copies. 4. The exclusive rights of the manufacturer of the phonograms referred to in paragraph 2 of this article may be transferred under the contract to other persons. Article 39. Using a { \b } { \b } { \b } { \b } { \b } { \b } { \cs6\f1\cf6\lang1024 } The exception to the provisions of articles 37 and 38 of this Law is permitted without the consent of the manufacturer of the phonogram published for commercial purposes and the performer whose performance is written on such a phonograph, but with remuneration: 1) public performance of the phonogram; 2) transmission of the phonogram on air; 3) message of the phonogram for general information on the cable. 1-1. The provisions of paragraph 1 of this article shall not apply to the communication of the phonogram to the general information. (The paragraph is amended by the Federal Law of 20 July 2004. N 72-FZ 2. The collection, distribution and payment of the remuneration referred to in paragraph 1 of this article shall be exercised by one of the organizations administering the rights of producers of phonograms and performers on a collective basis (article 44 of this Law), in accordance with the agreement between these organizations. Except as otherwise provided in this agreement, the remuneration is divided between the manufacturer of the phonogram and the performer. 3. The remuneration and terms of payment shall be determined by agreement between the user of the phonograph or the associations (associations) of such users, on the one hand, and the organizations administering the rights of the producers of phonograms and performers, On the other hand, if the parties fail to reach such an agreement, the competent authority of the Russian Federation. The fee is set for each use of the phonogram. 4. Users of phonograms should provide the organizations referred to in paragraph 2 of this article with accurate information on the number of use of the phonogram, as well as other information and documents required for collection and distribution. remuneration. Article 40. Rights of broadcasting organizations 1. In addition to the cases provided for in this Act, broadcasting organizations shall have exclusive rights to use any form of transfer and to authorize the use of the transfer, including the right to receive Remuneration for the granting of such authorization. 2. The exclusive right to authorize the use of the broadcast means the right of broadcasting to allow the following actions: 1) simultaneously transfer it to another broadcasting organization; 2) to report the transmission for general information about the cable; 3) to record the transfer; 4) to play the transmission record; 5) to report the transmission for general information in places with paid entrance. 3. The exclusive right of broadcasting of broadcasting in accordance with paragraph 2 (4) of this article does not apply when: the transfer record was made with the consent of the broadcasting organization; reproductions are performed for the same purposes in which it was recorded in accordance with the provisions of article 42 of this Law. Article 41. Rights of cable organization 1. In addition to the cases provided for in this Act, cable broadcasting organizations have exclusive rights to use any form of transmission and to authorize the use of the transfer, including the right to receive Remuneration for the granting of such authorization. 2. The exclusive right to authorize the use of the transmission means the right of the cable organization to allow the following actions: 1) to simultaneously communicate the transmission to the other Cable management; 2) broadcast; 3) record the transfer; 4) reproduce the transmission record; 5) to report the transmission for general information in places with paid entrance. 3. The exclusive right of cable broadcasting provided for in paragraph 2 (4) of this article does not apply when: the transmission record was made with the consent of the cable organization; reproductions are performed for the same purposes in which it was recorded in accordance with the provisions of article 42 of this Law. Article 42. Limitations on the executor, manufacturer of the phonogram, organization of aircast or cable broadcasting 1. The exception to the provisions of articles 37 to 41 of this Law is permitted without the consent of the perpetrator, the producer of the phonogram, the organization of broadcasting or cable broadcasting, and without remuneration for the use of performance, production, broadcasting, transfer for cables and their recordings, and playback of phonograms: 1) for inclusion in the overview of current events of small pieces from performance, production, phonograms, broadcasting or cable; 2) for training purposes only or scientific research; 3) for small citation extracts from performance, production, phonograms, transmission or cables, provided that such quotations are for information purposes. Any use by the organization of broadcasting or cable broadcasting of copies of the phonogram published for commercial purposes is possible only if the provisions of article 39 of this Law are complied with; In other cases, which are set out in section II of this Law with respect to the limitation of the property rights of the author of works of literature, science and art. 2. The exception to the provisions of articles 37 to 41 of this Law shall be permitted without the consent of the perpetrator, the manufacturer of the phonogram, the organization of broadcasting or cable broadcasting, the use of the broadcast or cable and its recording, as well as the reproduction of the phonogram for personal purposes. The playback of the phonogram is permitted provided that remuneration is paid in accordance with article 26 of this Law. 3. The provisions of articles 37, 38, 40 and 41 of this Act are not applicable to obtaining the permit of the perpetrator, the producer of the phonogram and the organization of airwaves for the implementation of recordings of short-term use, production, or Transmit, replicate, and reproduce a phonogram published for commercial purposes, if a record of short-term use or play is performed by broadcasting via its own equipment and for its own transfer, subject to: 1) of the The approval of airplay by the broadcasting organization of the production, performance or transfer for which a record of short-term use or reproduction is made in accordance with the provisions of this paragraph records; 2) of its destruction within the time limit that is established for the recording of the short-term use of literature, science and art by broadcasting organizations in accordance with the provisions of article 24 of this Law, except for the only instance which could be retained in the official archives, on the basis of its purely documentary nature. 4. The limitations referred to in this article shall apply without prejudice to the normal use of the phonogram, performance, production, transmission or cables and their recordings, as well as of literary, scientific and artistic works included in them infringement of the legitimate interests of the perpetrator, the producer of the phonogram, the organization of broadcasting or cable broadcasting and the authors of these works. Article 43. Related Rights 1. The rights set out in this section with respect to the perpetrator shall be valid for 50 years after the first performance or production. The rights of the perpetrator to the name and to the protection of the performance or the production of any distortion or other interference established by article 37 of this Law shall be protected indefinitely. 2. The rights provided for in this section with respect to the manufacturer of the phonogram are valid for 50 years after the first publication of the phonogram, or within 50 years of its first record, if the phonogram has not been published during that period. 3. The rights provided for in this section for broadcasting shall be valid for 50 years after the first broadcast. 4. The rights provided for in this section on the organization of cable broadcasting shall be valid for 50 years after the first transmission by cable. 5. The calculation of the time limits provided for in paragraphs 1, 2, 3 and 4 of this article shall begin on 1 January of the year following the year in which the legal fact constitutes the basis for the commencement of the period. 6. In the event that the perpetrator has been repressed and rehabilitated posthumously, the period of protection provided for in this article is effective from 1 January of the year following the year of rehabilitation. In the event that the perpetrator worked during or participated in the Great Patriotic War, the period of protection provided for in this article shall be increased by four years. 7. To the heirs (in the case of legal persons-to successors) of the perpetrator, the producer of the phonogram, the organization of broadcasting or cable broadcasting shall transfer the right to permit the use of execution, production, sound-grams, broadcasting or cable, and for compensation within the remaining time limit specified in paragraphs 1, 2, 3 and 4 of this article. SECTION IV. COLLECTIVE ADMINISTRATION OF PROPERTY RIGHTS Article 44. { \field } { \field { \field { \field { \field { \field With a view to securing the property rights of authors, performers, producers of phonograms and other copyright holders in cases where their practical implementation is individually difficult (public execution, including In the case of radio and television, the reproduction of works by mechanical, magnetic and other records, reproduction and other cases), organizations administering the property rights of these persons on a collective basis may be established. Such organizations shall be established directly by the copyright and related rights holders and operate within the limits of their powers on the basis of the statute established in accordance with the procedure established by law. 2. It is possible to establish either separate organizations for different rights and different categories of rights holders, or organizations that manage different rights for different categories of rights holders or one organization at the same time copyright and related rights. Article 45. Organizations that manage property rights on a collective basis 1. Under this Act, an organization administering property rights on a collective basis is not entitled to engage in business activities. In relation to the activities of such an organization, the restrictions of the competition law are not applied. 2. The powers to collectively administer property rights are transferred directly by copyright holders and related rights, on the basis of written treaties, as well as on the relevant treaties with foreign organizations Similar rights. Such treaties are not copyright and are not subject to the provisions of articles 30 to 34 of this Law. Any author, his heir or other possessor of copyright and related rights protected under section III of this Law has the right to transfer to the treaty the exercise of his or her property rights, and the organization is obliged To assume the exercise of these rights on a collective basis, if the management of such a category of rights relates to the statutory activities of the organization. These organizations are not entitled to make use of works and related entitlements derived for management on a collective basis. 3. On the basis of the powers vested in paragraph 2 of this article, the organization administering property rights on a collective basis grants licences to users for appropriate uses of works and objects related rights. The terms of these licenses must be the same for all users in the same category. These organizations are not entitled to refuse to grant a licence to the user without sufficient justification. Such licences permit the use of all works and related rights in these licences and are granted on behalf of all copyright and related rights holders, including those who have not transferred the organization pursuant to paragraph 2 of this article. All possible property claims by copyright holders and neighbouring rights holders associated with the use of their works and related entitlements under such licences must be settled by the organization providing such rights licenses. 4. The organization administering the property rights on a collective basis has the right to retain the unclaimed remuneration, including it to the allocated amounts or other purposes, for the benefit of copyright holders and neighbouring rights Three years from the date of its admission to the organization. Article 46. The functions of organizations that manage property rights on a collective basis The Organization that manages property rights on a collective basis must act on behalf of the copyright holders that it represents. and, based on their authority, the following functions: 1) negotiate with users the amount and other conditions on which licenses are issued; 2) grant licenses to users for use The rights under which the organization is managed; (3) agree with users on the level of remuneration when this organization collects such remuneration without a licence (art. 26, para. 2, art. 39, paras. 2 and 3, of this Law); 4) The compensation provided for in the licences and/or the remuneration provided for in paragraph 3 of this article; 5) to distribute and pay the fees collected in accordance with paragraph 4 of this article to the owners thereof copyright and related rights; 6) to take any legal action, (a) The need for the protection of the rights of the organization; 7) to perform other activities in accordance with the powers acquired by the copyright holders and the rights holders. Article 47. The responsibilities of organizations that manage property rights on a collective basis 1. The activities of the organization administering property rights on a collective basis are carried out in the interests of copyright holders and related rights represented by such an organization. To this end, the organization should perform the following duties: 1) at the same time that the organization is paid to represent the copyright and related rights holders, with information about the use of their rights; 2) The remuneration collected in accordance with the provisions of article 46, paragraph 4, of this Law solely for the distribution and payment of copyright and related rights. In doing so, the organization is entitled to deducts from the collected remuneration the amount to cover its actual costs of the collection, distribution and payment of such remuneration, as well as the amounts sent to the special funds established by the organization With the consent and for the benefit of the copyright and related rights holders submitted by it; 3) to distribute and regularly pay the collected amounts, net of the amounts referred to in paragraph 2 of this paragraph, in proportion to the actual The use of works and objects of related rights. 2. The holders of copyright and related rights that have not granted the authority of the organization to collect the remuneration provided for in article 46, paragraph 4, of this Law shall be entitled to require the organization to pay their remuneration In accordance with the provisions of the Convention on the Rights of the child (art. SECTION V. THE PROTECTION OF AUTHORITY AND RELATED RIGHTS Article 48. Copyright and copyright infringement. Counterfeit instances of works and phonograms 1. Illegal use of works or objects of related rights or other infringement of the copyright or related rights provided for by this Law shall entail civil, administrative and criminal liability in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law No. N 72-FZ 2. A natural or legal person who fails to comply with the requirements of this Act shall be a trespasser of copyright and neighbouring rights. 3. Counterfeit are copies of works and phonograms whose manufacture or distribution entails a violation of copyright and related rights. 4. Counterfeit are also copies of works and phonograms imported without the consent of the holders of copyright and related rights in the Russian Federation from the State in which they are protected in accordance with this Law. The works and the phonograms have never been guarded or stopped. Article 48-1. Technical Security Tools for Copyright Rights and Related Rights 1. Technical devices for the protection of copyright and related rights shall recognize any technical devices or their components that control access to works or objects of related rights that prevent or limit the implementation of actions that is not authorized by the author, holder of related rights or other exclusive rights holder, in respect of works or objects of related rights. 2. In respect of works or objects of related rights shall not be permitted: 1) without the permission of the persons referred to in paragraph 1 of this article, actions aimed at removing restrictions on the use of works or objects of a rights established by the application of technical means of protection of copyright and neighbouring rights; 2) manufacture, distribution, rental, grant in temporary use, import, advertising of any device, or components, their use for income generation or service delivery If, as a result of such actions, it becomes impossible to use the technical means of protection of copyright and neighbouring rights, or these technical means will not be able to adequately protect those rights. (Article supplemented by Federal Law of 20.07.2004) N 72-FZ) Article 48-2. Copyright and Related Rights 1. Information on copyright and related rights is any information that identifies the work or object of the related rights, the author, the holder of the related rights or other exclusive rights holder, or information about the conditions The use of the work or the object of the related rights contained in the copy of the work or object of neighbouring rights is attached to them or appears in connection with the communication for the general information or for the communication of such information to the general public. The works or objects of the related rights, as well as any numbers and codes that contain such information. 2. In respect of works or objects of related rights shall not be permitted: 1) removal or alteration, without the permission of the persons referred to in paragraph 1 of this article, information on copyright and related rights; 2) reproduction, distribution, import for distribution, public execution, communication for general information, bringing to the notice of all works or objects of related rights in respect of which, without the authorization of the persons referred to in paragraph 1 of this article, information about copyright and related rights has been removed. (Article supplemented by Federal Law of 20.07.2004) N 72-FZ) Article 49. Civil-Legal Protection of Copyright Law and Related Rights 1. The author, the holder of the neighbouring rights or the other holder of exclusive rights has the right to defend his or her rights in the manner prescribed by the Civil Code of the Russian Federation. 2. Holders of exclusive rights have the right to demand from the violator in lieu of damages compensation: in the amount of 10 thousand rubles to 5 million rubles, depending on the discretion of the court, arbitral tribunal or Arbitration based on the nature of the breach; double the value of copies of works or objects of related rights, or double the value of the rights to the use of works or objects of related rights determined by based on the price which is usually charged under comparable circumstances lawful use of works or objects of related rights. The Winners of exclusive rights have the right to demand compensation for each case of wrongful use of works or objects of related rights, or for the offences in general. Compensation is subject to penalties for the proof of an offence, regardless of whether or not there is a loss. 3. Authors and perpetrators of violation of their personal non-property rights or property rights also have the right to claim the perpetrator of moral damages. 4. The author, the holder of the neighbouring rights or other holder of exclusive rights, in accordance with the procedure established by law, may apply for the protection of his or her rights before a court, arbitral tribunal, arbitral tribunal, procuratorial organs, bodies of inquiry or preliminary investigation bodies. according to their competence. 5. The organization administering the property rights on a collective basis, in accordance with the procedure established by law, has the right to apply to the court on its behalf in defence of the violated copyright and (or) related rights of persons, administration of property rights by such an organization. (Article as amended by Federal Law of 20.07.2004) N 72-FZ Article 49-1. Counterfeit instances works or Phonograms 1. Counterfeit copies of works or phonograms, as well as materials and equipment used for reproduction of counterfeit copies of works or phonograms, and other instrumentals of the offence are subject to judicial confiscation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Confiscated counterfeit copies of works or phonograms are subject to destruction, except in the case of their transfer to the copyright holder or neighbouring rights upon request. (Article supplemented by Federal Law of 20.07.2004) N 72-FZ) Article 50. How to enforce a claim for a copyright infringement of copyright and neighbouring rights 1. The court or the judge alone, or the arbitral tribunal , may issue a definition of prohibition against the defendant or a person for whom there are reasonable grounds to believe that it is a trespasser of copyright and neighbouring rights, perform certain actions (manufacture, reproduction, sale, rental, import or other use of this Law, as well as transportation, storage, or possession for the purpose of releasing the copies of works and phonograms in respect of which they are presumed to be Counterfeiting). (In the wording of the Federal Law of 19.07.95) N 110-FZ 2. The court or the judge alone, as well as the arbitral tribunal , may make a determination on the seizure and seizure of all copies of works and phonograms in respect of which it is presumed that they are counterfeit, as well as materials and equipment intended for their production and reproduction. (In the wording of the Federal Law of 19.07.95) N 110-FZ ) If there is sufficient evidence of copyright infringement or related rights, an inquest body, an investigator, a court or a judge are required to take measures to search for and seize copies of the works or lamps for which they are suspected to be counterfeit, as well as to materials and equipment intended for the manufacture and reproduction of specified pieces of works or sound recordings, including, where appropriate, Measures to seize and transfer them to responsible storage. (In the wording of Federal Law No. N 110-FZ President of the Russian Federation B. Yeltsin Moscow, House of the Russian Federation 9 July 1993 N 5351-I