Lecture
Article 18. Reproduction of a work for personal purposes without the author's consent and without payment of royalties
1. The reproduction of a lawfully disclosed work exclusively for personal purposes is permitted without the author's consent and without payment of royalties, except in the cases provided for in Article 26 of this Law.
2. The provision of paragraph 1 of this Article does not apply to:
the reproduction of works of architecture in the form of buildings and similar structures;
the reproduction of databases or of substantial parts thereof;
the reproduction of computer programs, except in the cases provided for in Article 25 of this Law;
the reprographic reproduction of books (in their entirety) and of musical scores.
1. The following are permitted without the author's consent and without payment of royalties, but with mandatory indication of the name of the author whose work is used and of the source:
(20 July 2004, No. 72-FZ)
1) quotation, in the original and in translation, for scientific, research, polemical, critical and informational purposes, from lawfully disclosed works, to an extent justified by the purpose of the quotation, including the reproduction of extracts from newspaper and magazine articles in the form of press reviews;
2) the use of lawfully disclosed works and of extracts from them as illustrations in publications, in radio and television broadcasts, and in sound and video recordings of an educational character, to an extent justified by the purpose pursued;
3) the reproduction in newspapers, the broadcasting or the communication by cable to the public of articles lawfully published in newspapers or magazines on current economic, political, social and religious questions, or of broadcast works of the same character, in cases where such reproduction, broadcasting or communication by cable has not been expressly prohibited by the author;
4) the reproduction in newspapers, the broadcasting or the communication by cable to the public of publicly delivered political speeches, addresses, reports and other similar works, to an extent justified by the informational purpose. The author retains the right to publish such works in collections;
5) the reproduction or communication to the public, in reviews of current events, by means of photography, by broadcasting or by communication to the public by cable, of works which are seen or heard in the course of such events, to an extent justified by the informational purpose. The author retains the right to publish such works in collections;
6) the reproduction of lawfully disclosed works, without gainful intent, in raised-dot (Braille) script or by other special means for the blind, apart from works specially created for such means of reproduction.
2. The lending by libraries, free of charge and for a limited period, of copies of works lawfully put into civil circulation is permitted without the author's consent and without payment of royalties. Copies of works expressed in digital form, including copies of works provided under arrangements for the mutual use of library resources, may be lent free of charge and for a limited period only on library premises, provided that the possibility of creating copies of these works in digital form is excluded.
(Federal Law of 20 July 2004, No. 72-FZ)
Reprographic reproduction in a single copy, without gainful intent, is permitted without the author's consent and without payment of royalties, but with mandatory indication of the name of the author whose work is used and of the source:
1) of a lawfully published work, by libraries and archives, for the restoration or replacement of lost or damaged copies, or for the provision of copies of the work to other libraries which have for any reason lost works from their collections;
2) of individual articles and short works lawfully published in collections, newspapers and other periodicals, and of short extracts from lawfully published written works (with or without illustrations), by libraries and archives at the request of natural persons for study and research purposes;
3) of individual articles and short works lawfully published in collections, newspapers and other periodicals, and of short extracts from lawfully published written works (with or without illustrations), by educational institutions for classroom use.
The reproduction, broadcasting or communication to the public by cable of works of architecture, photography and fine art which are permanently located in a place open to free public access is permitted without the author's consent and without payment of royalties, except in cases where the image of the work is the principal subject of such reproduction, broadcasting or communication to the public by cable, or where the image of the work is used for commercial purposes.
The public performance of musical works during official and religious ceremonies, and also at funerals, to an extent justified by the nature of such ceremonies, is permitted without the author's consent and without payment of royalties.
The reproduction of works for judicial proceedings, to an extent justified by that purpose, is permitted without the author's consent and without payment of royalties.
A broadcasting organisation may, without the author's consent and without payment of additional remuneration, make an ephemeral recording of a work in respect of which that organisation has obtained the right of broadcasting, provided that such recording is made by the broadcasting organisation with its own equipment and for its own broadcasts. The organisation is obliged to destroy such a recording within six months of its making, unless a longer period has been agreed with the author of the recorded work. Such a recording may be preserved without the author's consent in official archives if it is of an exclusively documentary character.
1. A person who lawfully possesses a copy of a computer program or database has the right, without obtaining the authorisation of the author or other holder of the exclusive rights to use the work and without payment of additional remuneration:
1) to make changes to the computer program or database that are effected exclusively for the purpose of its functioning on the user's technical equipment, to perform any acts connected with the functioning of the computer program or database in accordance with its intended purpose, including recording and storage in computer memory (of one computer or of one network user), and also to correct manifest errors, unless otherwise provided by the contract with the author;
2) to make a copy of the computer program or database, provided that this copy is intended solely for archival purposes and for the replacement of a lawfully acquired copy in cases where the original of the computer program or database is lost, destroyed or has become unfit for use. The copy of the computer program or database may not be used for purposes other than those indicated in subparagraph 1 of this paragraph, and must be destroyed if possession of the copy of this computer program or database ceases to be lawful.
2. A person who lawfully possesses a copy of a computer program has the right, without the consent of the author or other holder of the exclusive rights and without payment of additional remuneration, to reproduce and transform the object code into source text (to decompile the computer program), or to entrust other persons with carrying out these acts, where they are necessary to achieve the interoperability of a computer program independently developed by that person with other programs capable of interacting with the decompiled program, subject to the following conditions:
1) the information necessary to achieve interoperability was not previously available to that person from other sources;
2) the said acts are performed only in respect of those parts of the decompiled computer program which are necessary to achieve interoperability;
3) the information obtained as a result of decompilation may be used only to achieve the interoperability of the independently developed computer program with other programs, may not be transferred to other persons except where this is necessary to achieve the interoperability of the independently developed computer program with other programs, and also may not be used for the development of a computer program substantially similar in kind to the decompiled computer program, or for the performance of any other act infringing copyright.
3. The application of the provisions of this Article must not unreasonably prejudice the normal exploitation of the computer program or database and must not unreasonably impair the legitimate interests of the author or other holder of the exclusive rights to the computer program or database.
1. By way of exception to the provisions of Articles 37 and 38 of this Law, the reproduction of an audiovisual work or of a sound recording of a work exclusively for personal purposes is permitted without the consent of the author of the work, of the performer and of the phonogram producer, but with payment of remuneration to them.
2. The remuneration for the reproduction referred to in paragraph 1 of this Article is paid by the manufacturers or importers of the equipment (audio and video recorders, other equipment) and of the material carriers (audio and (or) video tapes and cassettes, laser discs, compact discs, other material carriers) used for such reproduction.
The collection and distribution of this remuneration is carried out by one of the organisations administering the economic rights of authors, phonogram producers and performers on a collective basis, in accordance with an agreement between these organisations (Article 44 of this Law). Unless that agreement provides otherwise, the said remuneration is distributed in the following proportion: forty per cent to authors, thirty per cent to performers, thirty per cent to phonogram producers.
The amount of the remuneration and the terms of its payment are determined by an agreement between the said manufacturers and importers, on the one hand, and the organisations administering the economic rights of authors, phonogram producers and performers on a collective basis, on the other hand, and, should the parties fail to reach such an agreement, by the specially authorised body of the Russian Federation.
3. No remuneration is paid in respect of the equipment and material carriers referred to in the first subparagraph of paragraph 2 of this Article which are the subject of export, or in respect of professional equipment not intended for domestic use.
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