Hogan Lovells

Hogan Lovells' LimeGreen IP

The site will give you an overview of Intellectual Property law and related procedures, and how these may differ from country to country.

Copyrights - Copyright protection - Russia

Overview

There are a variety of mediums that can be copyrighted in Russia. For these, one can obtain protection in Russia in certain ways as described below in order to obtain the necessary protection for the time specified.

Frequently Asked Questions

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-What are the works that can be protected?

The objects of copyright are scientific, literary and artistic works, irrespective of the merit and significance of the work or the method whereby it is expressed:

  • literary works
  • dramatic and dramatic-musical works, script works
  • choreographic works and mime shows
  • musical works with or without a text
  • audio-visual works
  • painting, sculpture, graphic, design, graphic stories, comics and other works of art
  • artistic craftsmanship and scenographic works
  • works of architecture, city planning and landscaping, including designs, drawings, images and models
  • photographic works and works produced by methods similar to photography
  • geographic, geological and other maps, layouts, sketches and plastic works that have to do with geography, topography and other sciences
  • other works
  • computer programmes protected as literary works are deemed objects of copyright.

-Will the work be protected in other countries?

Principle of extraterritoriality applies:

The exclusive right to scientific, literary and artistic works extends to:

  • works created in the territory of the Russian Federation or not promulgated but located in any objective form in the territory of the Russian Federation, and recognised to be held by their authors (their successors) irrespective of the citizenship thereof
  • works created outside the territory of the Russian Federation or not created but located in any objective form outside of the territory of the Russian Federation, and recognised to be held by authors being citizens of the Russian Federation (their successors)
  • the works created outside the territory of the Russian Federation or non-created but located in any objective form outside the territory of the Russian Federation, and it is recognised in the territory of the Russian Federation to be held by authors (their successors) being citizens of other states or stateless persons in accordance with international treaties of the Russian Federation.

A work is also deemed protected in the Russian Federation if within 30 days after the date of the first publication outside the territory of the Russian Federation it is published in the territory of the Russian Federation.

When in accordance with international treaties of the Russian Federation protection is provided to a work in the territory of the Russian Federation, the author of the work or another initial right holder shall be determined by the law of the state in whose territory the legal fact serving as grounds for the acquisition of copyright took place.

In the territory of the Russian Federation protection shall be granted to works in accordance with international treaties of the Russian Federation in respect of the works which have not passed into the public domain in the country of origin of the work.

When protection is granted to works under international treaties of the Russian Federation the effective term of protection in the territory of the Russian Federation shall not exceed the effective term in the country of origin of the works.


-What are the requirements for copyright protection?

Generally, the duration of the exclusive right to a work shall be effective for the whole lifetime of the author (or of the author who survives the other co-authors) and 70 years from 01 January of the year following the year of the author's death.


-What are the author's rights under the national law?

The copyright owner owns an exclusive right to use the work in any form and in any manner not conflicting with the law (the exclusive right to the work).


-How do you assign copyrights / author rights?

Contract of alienation of the exclusive right

Under a contract of alienation of the exclusive right to a work the copyright owner shall assign or undertake to assign his exclusive right to the work in full to the acquirer of the right.

Author's order contract

Under an author's order contract one party (the author) undertakes to create on the order of the other party (the customer) the scientific, literary or artistic work stipulated by the contract on a material medium or in another form.

The material medium of the work shall be transferred to the customer for ownership, unless a temporary transfer to the customer is required by agreement of the parties.

An author's order contract is defrayable, unless otherwise envisaged by agreement of the parties.

The author's order contract may include a clause whereby the exclusive right to the work that has to be created by the author is going to be alienated to the customer or that the customer is going to obtain a right to use the work within the limits set by the contract. Where an author's order contract requires the alienation of the exclusive right to the work that has to be created by the author to the customer, such contract is subject to legislation of the Russian Federation on exclusive right alienation, except as otherwise ensues from the essence of the contract.

If an author's order contract is concluded on the condition that the customer acquires the right to use the work within the limits set by the contract such contract shall be subject accordingly to the provisions of licensing of copyrights.


-How do you license copyrights?

A licence granting the right of using a work

Licences must be made in writing. A contract granting a right to use a work in a periodical printed publication may be concluded in oral form.

A licence granting a right to use a computer programme or database may be concluded by means of concluding a contract of accession between each user and the relevant right holder, the terms of the contract being available on the acquired copy of the programme or database or on the package thereof. The start of use of the programme or database by the user as it is defined in the terms shall be deemed the user's consent to the conclusion of the contract.

A fee-based licence contract shall indicate the amount of fee charged for the use of the work or the procedure for calculating it.

A provision may be made in the contract for the licensor to receive a fee in the form of fixed one-off payment or periodical payments, interest on incomes (earnings) or in another form.
The Government of the Russian Federation is entitled to establish minimum rates of royalty for specific uses of works.

The special terms of a publisher's licence

Under a contract granting a right to use a work agreed by the author or other right holder with a publisher, i.e. the person which under the contract undertakes to publish the work (publisher's licence) the licensee shall commence the use of the work within the term set in the contract. If this duty is not observed the licensor is entitled to waive the contract without compensation to the licensee for the losses due to such waiver.

If the contract does not contain a specific term for commencing the use of the work it shall be commenced within the term which is usual for this type of work and the method of use. Such contract may be rescinded in accordance with legislation of the Russian Federation.

Where a publisher's licence is rescinded on the basis of the provisions set out above, the licensor is entitled to claim that the fee envisaged by the contract be paid out thereto in full.