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Natalia Polianchik
Natalia Polianchik General Director of IPCodex law firm
If a director wants to make a film based on a sensational book, the permission of the owner of the exclusive copyright is needed. If someone's song is asked to be on the soundtrack of the film, you will have to get the consent of its creator. But the fruits of someone else's creative work can be used without permission and free of charge. Here's how to do it legally.
Private copying
It is possible for the Civil Code of the Russian Federation, article 1273 “Free reproduction of a work for personal purposes” without the permission of the authors to copy books and magazine articles, download films and music from official sites to a phone or computer for personal needs. You can perform someone else's song in your room, copy a recipe for charlotte from a cookbook into a notebook and cook a pie for breakfast, download a movie to a USB flash drive to watch it in your country house.
But you do not have the right to sell such a copy or otherwise profit from it. If the Hollywood bestseller you downloaded is on the market counter, it will be punishable by the Civil Code of the Russian Federation, article 1301 “Responsibility for violation of the exclusive right to a work.”
Use for informational, scientific, educational or cultural purposes
You can freely quote other people's works for scientific, polemical, critical, informational, educational purposes of the Civil Code of the Russian Federation, article 1274 “Free use of a work for informational, scientific, educational or cultural purposes “. In this case, it is necessary to indicate the name of the author and the source of borrowing the material.
A quote as an example of someone else's opinion can be a fragment, but not the basis of your text: if you decide to insert three sheets from someone else's work into a term paper or dissertation, then the norm will not apply.
But newspapers and magazines are allowed by the Civil Code of the Russian Federation, article 1274 “Free use of a work for informational, scientific, educational or cultural purposes” fully reproduce speeches, reports, addresses, speeches and articles on economic, political, social and religious issues in order to promptly inform the public about current events.
< p>The Civil Code of the Russian Federation, article 1274 “Free use of a work for informational, scientific, educational or cultural purposes” is allowed to use other people's works to create parodies and caricatures. So, when blogger Yevgeny Bazhenov, aka BadComedian, depicts characters from films and TV shows in his reviews, placing them in a different context than the script, he is acting absolutely legally if he is parodying the original object.
In addition, educational, medical, correctional institutions, as well as social service organizations can freely perform the works of others on their territory.
Then There are first-graders in a music lesson who have the right to sing in chorus “They Learn at School” without deducting royalties to Vladimir Shainsky's relatives. Orphanage teachers can read Harry Potter aloud to children without notifying J.K. Rowling, and prisoners in the colony can put on a play based on the book by Sergei Dovlatov without asking permission from his heirs.
Use by libraries, archives, educational and other organizations
The Civil Code of the Russian Federation, Article 1275 “Free Use of Works by Libraries, Archives and Educational Organizations” has the right to provide visitors with temporary use of originals or copies of works stored there. At the same time, access to an electronic copy is possible only on the premises of the institution and on condition that the author's material is not copied.
Schools, universities and other educational organizations can create copies of copyrighted works and provide them to students and teachers for exams, classroom studies and independent work.
Use of objects located in public spaces
It is possible to freely create and use images of sculptures, works of architecture, urban planning, fine and landscape art in places open to visitors, regardless of whether the paid whether there is an entrance or not.
An artist can paint a picture with a statue, a cameraman can make a report about the exhibition, and a photographer can capture a new architectural object without the permission of the copyright holders. However, the work must not be the main subject of the image, and the use cannot be for commercial purposes.
Performing music at official ceremonies
It is not necessary for the Civil Code of the Russian Federation, Article 1277 “Free Public Performance of a Lawfully Promulgated Musical Work” to authorize the performance of their music or songs during official or religious ceremonies or funerals. Among the official ceremonies is the presentation of awards – say, the winners of the state prize or the winners of the Olympic Games.
But this rule does not apply to the Civil Code of the Russian Federation, article 1277 “Free public performance of a legally published musical work” for non-state events. That is, the performance of a song at the Oscars or the Russian Golden Eagle film award requires the permission of its authors, who are also entitled to a reward for this.
Use of materials for law enforcement
The law allows the Civil Code of the Russian Federation, Article 1278 “Free reproduction of a work for the purposes of law enforcement” to copy, listen to, demonstrate, perform, and also translate any works, if this is required in the process of inquiry, investigation, investigation of administrative offenses or judicial proceedings.
When considering a dispute about authorship, the judge has the right to read the text aloud or, for example, appoint an examination, during which the expert will be able to work with the author's object without the permission of the copyright holder.
Use of software and databases
Databases and software solutions can be used by the Civil Code of the Russian Federation, article 1280 “The right of the user of a computer program and database” on a computer, laptop, phone and other devices, if the user has legally acquired a copy of the software. For example, if he downloaded “Angry birds” in the official application on his phone, he can play anywhere, anytime and as much as he wants.
The user agreement, which gives access to the free use of the software, is built into the application itself, and you can start benefiting from the program after clicking the “I accept the terms of the agreement” checkbox.
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