On Amending The Law Of The Russian Federation "on Copyright And Related Rights"

Original Language Title: О внесении изменений в Закон Российской Федерации "Об авторском праве и смежных правах"

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Overtaken by Federal Law from 18.12.2006 N 231-FZ RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Law of the Russian Federation "On Copyright and Related Rights" Adopted by the State Duma on June 25, 2004 approved by the Federation Council on July 7, 2004 Article 1 Article 1 of the Russian Federation on copyright and related rights OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1242; Legislative Assembly of the Russian Federation, 1995, No. 30, Art. 2866) The following changes: 1) Article 2 should be amended to read: "Article 2. Russian Federation law on copyright and related rights Russian legislation" copyright and related rights are based on the Constitution of the Russian Federation and consist of the Civil Code of the Russian Federation, this Law, the Law of the Russian Federation of 23 September 1992 No. 3523-I " On legal protection of programs for Electronic computer systems and databases ", federal laws."; 2) In article 5: (a), paragraph 1 should read: " 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 The copyright: 1) applies to works published in the territory of the Russian Federation or unpublished but in any objective form on the territory of the Russian Federation, and shall be recognized as authors (theirs assignees) irrespective of their nationality; 2) applies to works published outside the territory of the Russian Federation or unpublished but in any objective form outside the territory OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Russian Federation (their successors); 3) applies to works published outside the territory of the Russian Federation or unpublished but in any objective form outside the territory of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION to add "for the first time"; in) to supplement paragraph 4 of the following Content: " 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 a product under international treaties of the Russian Federation, the duration of copyright in the territory of the Russian Federation may not exceed the period of copyright established in the territory of the Russian Federation. the country of origin of the work. "; 3) in article 16 (2): (a) to add a new paragraph 11 to read: " to report the work in a manner in which a person may have access to it in of interactive mode from anywhere and at any time of their choice (right to ";"; b) to read "Exceptional" to read " 2-1. Exclusive "; 4) in article 19: a) in the first paragraph," 1 "is replaced by the word" Allowed ". It is allowed "; b) to supplement paragraph 2 with the following: " 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 if possible to make copies of these works in digital form. "; 5) in article 27: (a) in the first paragraph of paragraph 1, replace" 50 years "with the words" 70 years "; b) in the first paragraph of paragraph 3, Paragraph 4, in the first paragraph of paragraph 5, replace the words "50 years" with the words "70 years"; Paragraph 1 of article 28, paragraph 1, of article 28, paragraph 4, paragraph 4, of article 35, paragraph 4, should read: " 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. "; 8), article 37, paragraph 2, to complete subparagraph 6, reading: " (6) to report the performance or production of the general information in a manner in which any person may have access to in an interactive mode from anywhere and at any time of its choice (right to bring to the general information). "; information so that any person can have access to it online from any place and at any time of its choice (right to bring to the general information). "; 10) Article 39 to be supplemented with paragraph 1-1, as follows: " 1-1. The provisions of paragraph 1 of this article shall not apply to the communication of the phonogram to the general information. "; 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 Russian Federation. "; 12) to supplement articles 48-1 and 48-2 as follows: " Article 48-1. Law 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 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, copyright and related rights information has been removed. "; 13) Article 49 should read as follows: " Article 49. Civil-Legal Options for Copyright 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 that are implemented by such an organization. "; 14) to supplement article 49-1 as follows: " Article 49-1. Forfeiture of counterfeit copies 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 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 2 1. This Federal Act shall enter into force on the date of its official publication, with the exception of article 1, paragraphs 8, 9 and 10 (a) of this Federal Act, and shall apply to relations in the field of copyright and related rights, that have arisen since its entry into force. In the area of copyright and related rights that arose prior to the entry into force of this Federal Act, this Federal Act applies to the rights and obligations that will arise upon its entry into force. 2. Subparagraph 3 (a), paragraphs 8, 9 and 10 of article 1 of this Federal Act shall enter into force on 1 September 2006. 3. The period covered by this Federal Law shall apply in all cases if the five-year period of validity of the copyright has not expired on the date of the entry into force of this Federal Act. Article 3 1. Copyright of legal persons arising prior to the entry into force of the Law of the Russian Federation of 9 July 1993 No. 5351-I on copyright and related matters " shall be terminated after the expiration of seventy years from the day of lawful publication of the work, and, if it has not been made public, from the day of the creation of the work. 2. Paragraph 4 of the Decree of the Supreme Soviet of the Russian Federation, of 9 July 1993, No. 5352-I " On the procedure for enactment of the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1243). President of the Russian Federation Vladimir Putin Moscow, Kremlin 20 July 2004 N 72-FZ