Liability for infringement of copyright.

Lecture

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.

Criminal Code, Article 146, "Infringement of copyright and related rights",

Code of Administrative Offences, Article 150.4. Sale, rental and other unlawful use of copies of works or phonograms (introduced by Federal Law No. 110-FZ of 19.07.95)

Code of Administrative Offences, Article 171.1. Violation of the procedure for the production and distribution of mass media products

Code of Administrative Offences, Article 171.2. Violation of the procedure for declaring imprint data

Code of Administrative Offences, Article 171.3. Violation of the procedure for submitting inspection and legal deposit copies

2. Holders of exclusive rights are entitled to demand from the infringer, at their own choice, instead of compensation for losses, the payment of statutory damages:

in an amount from 10 thousand roubles to 5 million roubles, determined at the discretion of the court, the arbitrazh court or the arbitration tribunal on the basis of the nature of the infringement;

in twice the value of the copies of the works or subject matter of related rights, or twice the value of the rights to use the works or subject matter of related rights, determined on the basis of the price which, in comparable circumstances, is usually charged for the lawful use of the works or subject matter of related rights.

Holders of exclusive rights are entitled to demand from the infringer the payment of statutory damages for each instance of unlawful use of the works or subject matter of related rights, or for the offences committed as a whole.

Statutory damages are recoverable upon proof of the fact of the offence, irrespective of whether or not losses have been incurred.

3. In the event of an infringement of their moral rights or economic rights, authors and performers are also entitled to demand compensation for moral harm from the infringer.

4. An author, a holder of related rights or another holder of exclusive rights is entitled, in the manner established by law, to apply for the protection of his rights to a court, an arbitrazh court, an arbitration tribunal, the prosecutor's office, the bodies of inquiry or the bodies of preliminary investigation in accordance with their competence.

5. An organisation managing economic rights on a collective basis is entitled, in the manner established by law, to apply to a court in its own name with applications for the protection of the infringed copyright and (or) related rights of the persons whose economic rights are managed by such an organisation. (as amended by Federal Law No. 72-FZ of 20 July 2004)

Article 49-1. Confiscation of counterfeit copies of works or phonograms

1. Counterfeit copies of works or phonograms, as well as the materials and equipment used for the reproduction of counterfeit copies of works or phonograms, and other instruments used in committing the offence, are subject to confiscation by judicial procedure in accordance with the legislation of the Russian Federation.

2. Confiscated counterfeit copies of works or phonograms are subject to destruction, except in cases where they are transferred to the holder of the copyright or related rights at his request. (Federal Law No. 72-FZ of 20 July 2004).