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	Copyright FAQ

1. Definition of copyright

According to the Russian Law on Copyright and Related Rights (hereinafter - the Law), copyright

• extends to works, either published on the territory of the Russian Federation or not published but existing in an objective form on the territory of the Russian Federation, in respect of which it is accorded to authors (their successors in title) regardless of their nationality;
  
• extends to works, either published beyond the borders of the Russian Federation or not published but existing in an objective form beyond the borders of the Russian Federation, in respect of which it is accorded to authors who are nationals of the Russian Federation (their successors in title);
  
• extends to works, either published beyond the borders of the Russian Federation or not published but existing in an objective form beyond the borders of the Russian Federation, in respect of which it is accorded to authors (and their successors in title) who are nationals of other States under international treaties to which the Russian Federation is party.
  
  

2. Works which are/are not the objects of copyright

Copyright extends to scientific, literary and artistic works that are the product of creative work, regardless of the purpose, the merit and the manner of expression thereof.
Copyright protects disclosed works and also undisclosed works that exist in an objective form, namely:

• written form (manuscript, typewritten text, musical score, etc.);
  
• oral form (public recitation, public performance, etc.);
  
• sound or visual recording (mechanical, magnetic, digital, optical, etc.);
  
• figurative form (drawing, sketch, painting, plan, industrial design, still picture from a cinematographic or television or video film, photograph, etc.);
  
• three-dimensional form (sculpture, model, mock-up, structure, etc.);
  
• any other form.
  
  

Any part of a work, including the title thereof, that meets the conditions of paragraph 1 of Article 6 of the Law and can be exploited separately affords entitlement to copyright.

The following are protected by copyright:

• literary works (including computer programs);
  
• dramatic or dramatico
• musical works and other works with a scenario;
  
• choreographic and mimed works;
  
• musical works with or without accompanying text;
  
• audiovisual works (cinematographic, television and video films, static projections, slide shows and other cinematographic and television productions);
  
• works of painting and sculpture, graphic and design works, cartoon strips and other works of figurative art;
  
• works of applied art and stage design;
  
• works of architecture, urban planning and park and garden design;
  
• photographic works and works obtained by processes analagous to photography;
  
• geographical, geological and other maps, plans and sketches, and also three-dimensional works relating to geography, topography and other sciences;
  
• other works.

The protection of computer programs shall extend to all types of computer program, including operating systems, regardless of the language and form in which they are expressed, including the source code and the object code.

The following are also protected by copyright:

• derived works (translations, adaptations, annotations, analyses, summaries, reviews, stage adaptations, arrangements and other transformations of scientific, literary and artistic works);
  
• collections (encyclopedias, anthologies, data bases) and other composite works which, by reason of the selection or arrangement of their contents, constitute the result of creative effort.
  
• derived works and composite works shall be protected by copyright whether or not the works on which they are based, or which they themselves include, are protected by copyright.
  
  

The following are not protected by copyright:

• official documents (laws, court decisions, other texts of legislative, administrative or judicial character) and official translations thereof;
  
• State emblems and official signs (flags, armorial bearings, decorations, monetary signs and other State symbols and official signs);
  
• works of folklore;
  
• communications concerning events and facts that have informational character.
  
  

3. Copyright and ideas, concepts etc.

Ideas, methods, processes, systems, means, concepts, principles, discoveries and facts may not be protected by copyright.

4. Origin of copyright

A scientific, literary or artistic work is eligible for copyright by virtue of the fact of its creation. The origin and exercise of copyright shall not require either registration of the work or the performance of any other act or formality.

5. Term of copyright

Copyright shall have effect throughout the lifetime of the author and for 70 years after his death.

6. How one can register his/her copyright

The origin and exercise of copyright shall not require either registration of the work or the performance of any other act or formality.
In order to have his rights recognized, the owner may use a copyright notice which should be placed on every copy of the work and should consist of the following three elements:

• a circled Latin letter C: c;
  
• the name of the owner of the exclusive rights;
  
• the year of the first publication of the work.
  
  

7. Definition of related rights

Related rights are the rights of performers, producers of phonograms and broadcasting or cable distribution organizations.

8. Rights of the performer and their deference from rights of the author

The performer shall be granted the following exclusive rights in relation to his performance:

• the right to be named;
  
• the right to the protection of the performance against any distortion or other derogatory act liable to prejudice his honor or dignity; the right to exploit the performance in any form, including the right to be paid remuneration for every such form of use.
  

The performer does not create any new work, he/she only performs works created by the authors.

9. Cases when the author's permission and payment of remuneration for the use of the copyright objects are not obligatory

The reproduction of a lawfully disclosed work for exclusively personal purposes shall be authorized without need for the author's consent or payment of remuneration, as well as the following:

• (1) the quotation, in the original language or in translation, for scientific or for research, polemic, critical or informational purposes and to the extent justified by the intended purpose, of extracts from lawfully disclosed works, including the reproduction of extracts from newspaper and magazine articles in press reviews;
  
• (2) the use of lawfully disclosed works and of extracts from such works for the purpose of illustration in publications, radio or television broadcasts or sound or visual recordings of educational character, and to the extent justified by the intended purpose;
  
• (3) the reproduction in newspapers, the broadcasting or communication to the public by cable of articles published in newspapers or magazines on economic, political, social or religious topics, or of broadcast works of the same nature, insofar as the author has not expressly prohibited such reproduction, broadcast or cable communication;
  
• (4) the reproduction in newspapers, the broadcasting or communication to the public by cable of political speeches, addresses, lectures and other works of the same nature given in public, to the extent justified by an informational purpose. The author shall nevertheless retain the right to publish those works in collections;
  
• (5) the reproduction or communication to the public, in connection with the reporting of current events by means of photography, broadcasting or public cable communication, of works that are seen or heard in the course of such events, to the extent justified by an informational purpose. The author shall nevertheless retain the right to publish such works in collections;
• (6) the reproduction in Braille or by other special means for the benefit of the blind, done without gainful intent, of lawfully disclosed works, with the exception of works created especially for such means of reproduction
  
  

10. Rights of the authors' heirs

See question 9.

11. Protection of service-related works by copyright

Copyright is transferable by succession. The author's heirs get moral and economic rights, belonging to the author.
The right of authorship, the right to be named and the right to protection for the reputation of the author of the work shall not be transferable by succession. The heirs of the author may ensure the defense of those rights without limitation in time.

12. Protection of copyright and related rights in the Internet

The copyright in a work created in the course of duty obligations or in the performance of an assignment expressly given by the employer (service-related work) shall belong to the author of the said work.
The exclusive right to exploit the service-related work shall belong to the person to whom the author is bound by employment relations (employer), unless otherwise provided in the contract concluded by the said person with the author.
The amount of the remuneration of the author for each form of use of the service-related work, and the manner of the payment thereof, shall be specified in the contract concluded by the author and employer.
The employer shall have the right to mention his name or demand such mention in connection with any exploitation of the service-related work.

13. How are copyright and related rights protected on the Internet?

Communication of the work in such a way that members of the public may access this work from a place and at a time individually chosen by them (right of making available to the public) is one of the economic author's rights.