Lecture
Article 48. Infringement of copyright and related rights. Counterfeit copies of a work and of a phonogram
1. The unlawful use of works or of subject matter of related rights, or any other infringement of the copyright or related rights provided for by this Law, entails civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.
(as amended by Federal Law No. 72-FZ of 20 July 2004)
2. A natural or legal person who fails to comply with the requirements of this Law is an infringer of copyright and related rights.
3. Counterfeit copies are copies of a work and of a phonogram the manufacture or distribution of which entails an infringement of copyright and related rights.
4. Counterfeit copies are also copies of works and phonograms protected in the Russian Federation in accordance with this Law which are imported into the Russian Federation without the consent of the holders of copyright and related rights from a State in which those works and phonograms have never been protected or have ceased to be protected.
Article 48-1. Technological measures for the protection of copyright and related rights
1. Technological measures for the protection of copyright and related rights are any technical devices or their components which control access to works or subject matter of related rights, or which prevent or restrict the carrying out of acts that have not been authorised by the author, the holder of related rights or another holder of exclusive rights in respect of works or subject matter of related rights.
2. With respect to works or subject matter of related rights the following are prohibited:
1) the carrying out, without the permission of the persons specified in paragraph 1 of this Article, of acts aimed at removing the restrictions on the use of works or subject matter of related rights that have been established by the application of technological measures for the protection of copyright and related rights;
2) the manufacture, distribution, rental, provision for temporary gratuitous use, importation or advertising of any device or its components, their use for the purpose of deriving income, or the rendering of services, in cases where, as a result of such acts, the use of technological measures for the protection of copyright and related rights becomes impossible or those technological measures are unable to ensure proper protection of the said rights.
(Federal Law No. 72-FZ of 20 July 2004)
Article 48-2. Copyright and related rights management information
1. Copyright and related rights information means any information which identifies a work or subject matter of related rights, the author, the holder of related rights or another holder of exclusive rights, or information about the terms of use of a work or subject matter of related rights, which is contained on a copy of the work or subject matter of related rights, is attached to them, or appears in connection with the communication to the public or the making available to the public of such work or subject matter of related rights, as well as any figures and codes in which such information is contained.
2. With respect to works or subject matter of related rights the following are prohibited:
1) the removal or alteration, without the permission of the persons specified in paragraph 1 of this Article, of copyright and related rights information;
2) the reproduction, distribution, importation for the purpose of distribution, public performance, communication to the public or making available to the public of works or subject matter of related rights in respect of which copyright and related rights information has been removed without the permission of the persons specified in paragraph 1 of this Article.
(Federal Law No. 72-FZ of 20 July 2004)
Article 50. Means of securing a claim in cases concerning the infringement of copyright and related rights
1. A court or a judge sitting alone, as well as an arbitrazh court, may issue a ruling prohibiting the defendant, or a person in respect of whom there are sufficient grounds to believe that he is an infringer of copyright and related rights, from carrying out certain acts (the manufacture, reproduction, sale, rental, importation or other use provided for by this Law, as well as the transportation, storage or possession for the purpose of putting into civil circulation of copies of works and phonograms which are presumed to be counterfeit).
2. A court or a judge sitting alone, as well as an arbitrazh court, may issue a ruling on the attachment and seizure of all copies of works and phonograms which are presumed to be counterfeit, as well as of the materials and equipment intended for their manufacture and reproduction.
Where there are sufficient data indicating an infringement of copyright or related rights, the body of inquiry, the investigator, the court or a judge sitting alone are obliged to take measures to search for and attach copies of works or phonograms which are presumed to be counterfeit, as well as the materials and equipment intended for the manufacture and reproduction of the said copies of works or phonograms, including, where necessary, measures for their seizure and transfer for safekeeping.
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