Lecture
Article 35. Scope of application of related rights
1. The rights of a performer shall be recognised where:
1) the performer is a citizen of the Russian Federation;
2) the performance or production first took place in the territory of the Russian Federation;
3) the performance or production has been recorded on a phonogram protected in accordance with the provisions of paragraph 2 of this Article;
4) the performance or production, not recorded on a phonogram, has been included in a broadcast transmitted over the air or by cable which is protected in accordance with the provision of paragraph 3 of this Article.
2. The rights of a phonogram producer shall be recognised in accordance with this Law where:
1) the phonogram producer is a citizen of the Russian Federation or a legal entity having its official location in the territory of the Russian Federation;
2) the phonogram was first published in the territory of the Russian Federation.
3. The rights of an over-the-air or cable broadcasting organisation shall be recognised in accordance with this Law where the organisation has its official location in the territory of the Russian Federation and carries out its transmissions by means of transmitters located in the territory of the Russian Federation.
4. The grant, in the territory of the Russian Federation, of protection under this Law to the subject matter of related rights of foreign natural and legal persons on the basis of international treaties of the Russian Federation shall be effected with respect to those performances, phonograms, over-the-air broadcasts and cable transmissions which have not fallen into the public domain in their country of origin as a result of the expiry of the term of related rights established in that country, and which have not fallen into the public domain in the Russian Federation as a result of the expiry of the term of related rights provided for by this Law.
(as amended by Federal Law No. 72-FZ of 20 July 2004)
Article 36. Subjects of related rights
1. The subjects of related rights are performers, phonogram producers, and over-the-air or cable broadcasting organisations.
2. A phonogram producer and an over-the-air or cable broadcasting organisation shall exercise the rights specified in this Section within the limits of the rights obtained under a contract with the performer and with the author of the work recorded on the phonogram or transmitted over the air or by cable.
Permission to use a production obtained from the stage director of a performance does not remove the need to obtain permission from the other performers taking part in the production, as well as from the author of the work performed.
3. A performer shall exercise the rights specified in this Section subject to compliance with the rights of the author of the work performed.
4. No formalities are required for the arising and exercise of related rights. In order to give notice of their rights, the phonogram producer and the performer are entitled to use the related-rights protection symbol, which is placed on every copy of the phonogram and (or) on every case containing it and consists of three elements:
the Latin letter "P" in a circle: (P);
the name (title) of the holder of the exclusive related rights;
the year of first publication of the phonogram.
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