Russian Copyright Law: Civil Code Part IV, Exclusive Rights, and Internet Enforcement
Russian copyright law is governed by Part IV of the Civil Code of the Russian Federation (GK RF), Articles 1255–1302, which codified the law on copyright and related rights in a single comprehensive statute effective from 1 January 2008. The Civil Code provisions replaced the earlier Law on Copyright and Related Rights of 1993 and the Law on the Legal Protection of Computer Programs of 1992. The codification aligned Russian copyright law with international standards (the Berne Convention, the WIPO Copyright Treaty, and the TRIPS Agreement) while maintaining certain distinctive features of the Russian copyright tradition.
Objects of Copyright
Article 1259 of the Civil Code defines the objects of copyright (obyekty avtorskikh prav), including: literary works; dramatic and musical-dramatic works; choreographic works and pantomimes; musical works with or without text; audiovisual works; works of painting, sculpture, graphic art, design, and other fine arts; works of decorative and applied art; works of architecture, town planning, and landscape architecture; photographic works and works produced by analogous methods; maps, plans, sketches, and plastic works relating to geography, topography, and other sciences; and computer programs (protected as literary works). Derivative works (translations, adaptations, arrangements) and composite works (encyclopaedias, databases, anthologies) are also protected. Copyright does not extend to official documents (laws, court decisions), state symbols, folklore, or news reporting of facts.
Authorship Rights and Exclusive Rights
Russian copyright law distinguishes between personal non-property rights (lichnyye neimushchestvennyye prava) and exclusive property rights (isklyuchitelnoye pravo). Personal non-property rights include the right of authorship (the right to be recognised as the author), the right to a name (the right to use or authorise the use of the work under the author’s name, a pseudonym, or anonymously), the right to integrity (the right to protection of the work from distortion), and the right of publication. Personal non-property rights are inalienable and are protected indefinitely. The exclusive right is the property right to use the work in any form and by any means, including reproduction, distribution, public performance, broadcast, communication to the public, translation, adaptation, and making available to the public. The exclusive right is transferable, may be licensed, and may be inherited. The duration of the exclusive right is the life of the author plus 70 years after the author’s death (extended from 50 years by the 2004 amendments). For works created by joint authorship, the 70-year period runs from the death of the last surviving author.
Free Use (Svobodnoye Ispolzovanie)
Articles 1273–1280 of the Civil Code establish limitations on copyright in the form of free use (svobodnoye ispolzovaniye). The limitations include: reproduction for personal purposes (with exceptions for certain types of works, including architectural works, audiovisual works, and computer programs); use of quotations from lawfully published works; use of works for informational purposes; reproduction for educational and scientific purposes; use of works for official, religious, or ceremonial purposes; public performance of musical works at official and religious ceremonies; reproduction for judicial or administrative proceedings; and reproduction for the purpose of ensuring the functioning of information systems. The limitations are subject to the three-step test: the free use must not conflict with the normal exploitation of the work and must not unreasonably prejudice the legitimate interests of the author.
Collective Management of Copyright
The collective management of copyright and related rights is governed by Articles 1242–1244 of the Civil Code. Organisations for the collective management of rights (organizatsii po kollektivnomu upravleniyu avtorskimi i smezhnymi pravami) are established by authors and right holders to manage the exercise and enforcement of copyright and related rights on a collective basis. The Russian Union of Authors (Rossiyskoye Avtorskoye Obshchestvo, RAO) manages the collective administration of authors’ rights (including royalties for public performance, broadcasting, and mechanical reproduction). The Russian Union of Right Holders (Rossiyskiy Soyuz Pravobladateley, RSP) manages the collective administration of related rights. The All-Russian Intellectual Property Organisation (Vserossiyskaya Organizatsiya Intellektualnoy Sobstvennosti, VOIS) manages the collective administration of performers’ rights. Collective management organisations operate under the supervision of Rospatent and the Ministry of Culture and are subject to accreditation requirements. The collective management system plays a significant role in the collection and distribution of royalties in areas where individual licensing is impractical, including the public performance of musical works and the retransmission of broadcasts.
Computer Programs and Databases
Computer programs are protected as literary works under Article 1259 of the Civil Code, and the exclusive right to a computer program may be registered with Rospatent (optional, but recommended for enforcement purposes). The Federal Service for Intellectual Property maintains the Register of Computer Programs and the Register of Databases. The use of computer programs is subject to specific rules, including the right to make a backup copy, the right to decompile the program for interoperability purposes, and the prohibition on circumvention of technological protection measures. The protection of databases is governed by Articles 1333–1340 (related rights) and may involve both copyright (for the structure and selection of the database) and a sui generis right of the database maker.
Internet Enforcement
The enforcement of copyright on the internet has been a priority of Russian copyright regulation. Federal Law No. 187-FZ of 2 July 2013 (the Anti-Piracy Law) introduced a framework for the blocking of websites that host copyright-infringing content. The law, as subsequently amended, provides for the blocking of websites that repeatedly infringe copyright and related rights in films (later extended to all audiovisual works, music, and software). The Moscow City Court has jurisdiction over applications for interim measures (website blocking) filed by right holders, who must demonstrate the infringement of their exclusive rights and the location of the infringing content on the internet. The court may order the blocking of the infringing website without notice to the website owner. The law also provides for a permanent blocking mechanism: if a website is subject to two or more blocking orders within a year, the right holder may apply for permanent blocking of the website, and the website may be blocked for the duration of the copyright protection. The internet enforcement framework has been effective in reducing the availability of pirated content through major pirate websites, though the use of mirror sites, proxies, and circumvention technologies continues to present challenges.
Liability for Infringement
Copyright infringement attracts civil, administrative, and criminal liability. Civil liability under Articles 1250–1252 of the Civil Code includes the right of the right holder to demand the cessation of infringement, compensation for damages, the seizure and destruction of infringing goods, and the publication of the court decision. The right holder may also claim compensation (in an amount from 10,000 to 5 million rubles, at the court’s discretion, or in double the value of infringing copies, or in double the licence fee). Administrative liability under Article 7.12 of the KoAP RF provides for fines for the import, sale, or rental of infringing copies. Criminal liability under Article 146 of the Criminal Code applies to large-scale infringement (punishable by fines, compulsory labour, or imprisonment) and to especially large-scale infringement (punishable by imprisonment up to six years).
Significance
Russian copyright law provides a comprehensive framework for the protection of literary, artistic, and scientific works, aligned with international standards. The codification in Part IV of the Civil Code established a unified and systematic approach to intellectual property law. The collective management system facilitates the licensing and remuneration of authors and performers. The internet enforcement framework has been effective in combating online piracy. The ongoing challenges include the adaptation of copyright law to digital technologies, the balance between copyright protection and access to knowledge, and the enforcement of copyright in the evolving technological environment. The harmonisation of Russian copyright law with international standards continues through the implementation of treaty obligations and the amendment of national legislation.