Lecture
Copyright in a work of science, literature or art arises by virtue of the fact of its creation. Neither registration of the work nor compliance with any formalities is required for copyright to arise and to be exercised. The © (copyright) symbol placed on each copy of a work is used merely to give notice of the author's rights in that work. Its absence does not mean the absence of copyright protection.
1. The author enjoys, in respect of his work, the exclusive rights to use the work in any form and by any means.
2. The author's exclusive rights to use the work mean the right to carry out or to authorise the following acts:
to reproduce the work (the right of reproduction);
to distribute copies of the work by any means: to sell them, rent them out and so on (the right of distribution);
to import copies of the work for the purposes of distribution, including copies made with the authorisation of the holder of the exclusive copyright (the right of importation);
to display the work publicly (the right of public display);
to perform the work publicly (the right of public performance);
to communicate the work (including display, performance or broadcasting) to the general public by broadcasting and (or) subsequent broadcasting (the right of broadcasting);
to communicate the work (including display, performance or broadcasting) to the general public by cable, wire or by other similar means (the right of communication to the general public by cable);
to translate the work (the right of translation);
to remake, arrange or otherwise adapt the work (the right of adaptation);
to communicate the work in such a way that any person may access it interactively from any place and at any time of his own choosing (the right of making available to the public). (20 July 2004, No. 72-FZ)
The author's exclusive rights to use a design, architectural, town-planning or landscape-gardening project also include the practical implementation of such projects. The author of an accepted architectural project is entitled to require the client to grant him the right to take part in the implementation of his project in the preparation of the construction documentation and during the construction of the building or structure, unless otherwise provided in the contract. (No. 72-FZ)
3. Where copies of a lawfully published work have been put into civil circulation by means of their sale, their further distribution is permitted without the author's consent and without payment of royalties.
The right to distribute copies of a work by renting them out belongs to the author irrespective of the right of ownership in those copies.
4. The amount of the author's remuneration for each type of use of the work and the procedure for calculating it are established in the author's contract, as well as in contracts concluded with users by organisations administering authors' economic rights on a collective basis.
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