Lecture
1. The economic rights referred to in Article 16 of this Law may be transferred only under a copyright contract, except in the cases provided for in Articles 18 to 26 of this Law.
The transfer of economic rights may be effected on the basis of a copyright contract for the transfer of exclusive rights or on the basis of a copyright contract for the transfer of non-exclusive rights.
2. A copyright contract for the transfer of exclusive rights authorises the use of the work in a particular manner and within the limits established by the contract only by the person to whom those rights are transferred, and gives that person the right to prohibit such use of the work by other persons.
The right to prohibit the use of the work by other persons may be exercised by the author of the work if the person to whom the exclusive rights have been transferred does not enforce that right.
3. A copyright contract for the transfer of non-exclusive rights authorises the user to use the work on an equal footing with the holder of the exclusive rights who transferred those rights and (or) with other persons who have received authorisation to use that work in the same manner.
4. The rights transferred under a copyright contract are deemed non-exclusive unless the contract expressly provides otherwise.
1. A copyright contract must provide for: the manner in which the work is to be used (the specific rights transferred under the contract); the term and the territory for which the right is transferred; the amount of the remuneration and (or) the procedure for determining the amount of the remuneration for each manner of use of the work, the procedure and time limits for its payment, and also any other terms which the parties consider essential to the contract.
Where the copyright contract contains no term as to the period for which the right is transferred, the contract may be terminated by the author upon the expiry of five years from the date of its conclusion, provided the user is notified thereof in writing six months before the termination of the contract.
Where the copyright contract contains no term as to the territory for which the right is transferred, the effect of the right transferred under the contract is limited to the territory of the Russian Federation.
2. All rights to use the work that are not expressly transferred under the copyright contract are deemed not to have been transferred.
Rights to use a work that are unknown at the time of the conclusion of the contract may not be the subject matter of a copyright contract.
3. The remuneration is determined in the copyright contract as a percentage of the income from the corresponding manner of use of the work or, if this cannot be done owing to the nature of the work or the particular features of its use, as a sum fixed in the contract or in some other way.
The minimum rates of author's remuneration are established by the Council of Ministers - the Government of the Russian Federation. The minimum amounts of author's remuneration are index-linked at the same time as the index-linking of the minimum wage.
If, in a copyright contract for the publication or other reproduction of a work, the remuneration is determined as a fixed sum, the contract must specify the maximum print run of the work.
4. Rights transferred under a copyright contract may be transferred in whole or in part to other persons only where this is expressly provided for by the contract.
5. Rights to use works that the author may create in the future may not be the subject matter of a copyright contract.
6. A term of a copyright contract restricting the author in creating works in the future on a given subject or in a given field is invalid.
7. Terms of a copyright contract that are contrary to the provisions of this Law are invalid.
A copyright contract must be concluded in written form. A copyright contract for the use of a work in the periodical press may be concluded orally.
In the sale of copies of computer programs and databases and the provision of access to them to mass users, the special procedure for concluding contracts established by the Law of the Russian Federation "On the Legal Protection of Computer Programs and Databases" may be applied.
1. Under a copyright commission contract the author undertakes to create a work in accordance with the terms of the contract and to deliver it to the commissioning party.
2. The commissioning party is obliged to pay the author an advance against the remuneration stipulated by the contract. The amount of the advance and the procedure and time limits for its payment are established in the contract by agreement of the parties.
1. A party which has failed to perform, or has improperly performed, its obligations under a copyright contract is obliged to compensate the losses caused to the other party, including lost profits.
2. If the author has failed to deliver the commissioned work in accordance with the terms of the commission contract, he or she is obliged to compensate the actual damage caused to the commissioning party.
Comments