Is there a centralized copyright agency in Russia, and if so, what does this agency do?
In Russia, there isn't a centralized agency specifically for copyright matters. The Federal Service for Intellectual Property (Rospatent) is responsible for intellectual property rights, including copyrights. However, copyright protection in Russia is automatic and doesn't require any form of registration, unlike patents or trademarks.
Is there a system for copyright registration in Russia, and, if so, how do you apply for a copyright registration, and what are the fees?
As mentioned earlier, copyright in Russia is automatically granted at the moment of creation. There isn't a formal registration process or fee structure involved. The work becomes copyrighted the moment it is created and is capable of being reproduced.
Is copyright registration mandatory?
In Russia, copyright registration is not mandatory. The protection is automatic and applies to works the moment they are created and fixed in any tangible medium of expression.
What are the benefits of registration?
While registration isn't required, there is a voluntary registration system with the Russian Authors' Society (RAO), which can provide additional benefits like evidence of ownership, making it easier to manage and enforce rights.
Is there a requirement of copyright notice, and what are the consequences for failure to use a copyright notice?
The use of a copyright notice in Russia is not mandatory but it is advisable as it informs the public that the work is protected. If it's not included, it doesn't influence the validity of copyright protection but might affect damages in a potential lawsuit.
Is there a requirement of copyright deposit, and what are the consequences for failure to make a copyright deposit?
There is no requirement of copyright deposit in Russia. As copyright protection is automatic, failing to deposit a work will not impact the rights of the copyright owner.
What are the consequences for failure to register a copyrighted work?
As registration is not mandatory, there are no legal consequences for not registering a copyrighted work in Russia. However, failure to register may make it more difficult to prove ownership in the event of a dispute.
What is the relevant legislation in Russia?
The principal law governing copyright in Russia is Part IV of the Civil Code. This legislation covers the full range of intellectual property rights, including copyright and related rights.
What agency enforces it?
The Federal Service for Supervision of Communications, Information Technology and Mass Media, also known as Roskomnadzor, enforces the copyright legislation in Russia.
Are there any specific provisions of the copyright laws that address the digital exploitation of works?
Yes, the Russian Civil Code contains provisions related to digital reproduction of works, including restrictions on unlawful reproduction, distribution, and broadcasting of copyrighted works on the internet.
Do the copyright laws have extraterritorial application to deal with foreign-owned or foreign-operated websites that infringe copyright?
Russia's copyright laws have limited extraterritorial application. However, under the doctrine of national treatment, Russia offers the same protection to foreign copyrights as it does to those of its own citizens.
Who is the owner of a copyrighted work?
The creator of the work is the owner of the copyright in Russia. However, if the work was created during employment, the copyright might be owned by the employer, depending on the contract terms.
May an employer own a copyrighted work made by an employee?
Yes, an employer may own a copyrighted work made by an employee if it was created as part of their employment duties and the employment contract specifies such.
May a hiring party own a copyrighted work made by an independent contractor?
This depends on the agreement between the parties. Unless otherwise stipulated in the contract,
the copyright belongs to the author.
May a copyrighted work be co-owned?
Yes, a copyrighted work can be co-owned if it was created by more than one author. The rights of co-authors are regulated by the Civil Code.
May rights be transferred, and if so, what rules and procedures apply?
Yes, the rights may be transferred through an assignment or licensing agreement. The agreement must be in writing and signed by both parties.
May rights be licensed, and if so, what rules and procedures apply?
Yes, the rights can be licensed. Licensing agreements should be in writing, specify the scope of rights granted, and be signed by both parties.
Which international copyright conventions apply to Russia?
Russia is a member of several international copyright conventions, including the Berne Convention for the Protection of Literary and Artistic Works and the World Intellectual Property Organization Copyright Treaty.
What obligations are imposed by Russia's membership of international copyright conventions?
Membership of these conventions obliges Russia to provide protection to authors and creators from other member countries in the same way it would to its own citizens.
Russia is continually updating its copyright laws to align with the digital age. There's growing recognition of the need to regulate digital platforms and provide more substantial protections against online infringement. In recent years, we've seen increased enforcement actions against digital piracy, reflecting global trends toward tighter control of digital content.
In conclusion, while Russia's copyright system may be somewhat different from those in other countries, it provides essential protection for creators and copyright owners. However, it's advisable to seek professional advice when dealing with copyright issues in Russia, given the complexities of the legislation and its ongoing evolution.