Все новости от 23 июля 2004 г.

Amendments to the Russian Federation Law "On Copyright and Neighboring Rights"

On May 14, 2004, the draft of the Federal Law "On Amendments to the Russian Federation Law "On Copyright and Neighboring Rights" has passed third reading at the State Duma.

The draft contains provisions on criteria of protectability works within the Russian Federation depending on author's nationality and the location of the work.

Moreover, the draft sets the rule according to which the legal protection within Russia under international agreements to which the Russian Federation is a party, is granted to works the copyright to which has not expired both in the country of origin and in the Russian Federation.

Also the draft extends the scope of copyright and related rights through introducing the right to public information, that right allows the author to control the use of his work, or of the subject of related rights, in interactive media (Internet).

The draft gives permission to libraries to provide copies of works legally introduced into civil circulation, for free temporary use without author's consent and author's royalty. Also digital copies of works, including the copies provided within the program of mutual use of library resources, may be provided for temporary free use only in library premises on condition that digital copies of said works cannot be made.

The draft extends the term of protection after the author's death from 50 years to 70 years.

The draft contains the provisions on technical means of copyright and related rights protection; such technical means include special figures and codes applied by the right holder, as well as other technical means preventing or restricting the use of works of arts without consent of the right holder.

The provisions of the draft broaden legal methods of copyright and related rights protection, and the holder of exclusive rights, whether copyright or related rights, may choose to request that the infringer instead of damages should pay a compensation, selected from the following:

• from 10 thousand to 5 million rubles, as decided by the court or the arbitration tribunal, based on the nature of infringement;
• twice price of the copies of works or related rights subjects, or twice price of the right to use the work or the related rights subject, calculated on the basis of the prices generally set for legal use of works or subjects of related rights.

Moreover the draft law sets norms which allow to confiscate upon a court decision not only counterfeited copies of works or phonograms, the materials and equipment used to reproduce counterfeited copies of works and phonograms, but also other criminal tools. Also the law enforces the rule according to which such confiscated counterfeited copies must be destroyed except when they are passed to the holder of copyright or related rights, upon his request.