United States of America
Russian Federation
Copyright and Related Rights
7. Articles 1273 and 1306 (IP/N/1/RUS/O/2 at 379 and 390): These articles appear to provide an overly broad permission for reproduction for personal use. Please explain how these articles address the 3-step test under TRIPS Article 13, including whether and how these provisions permit reproduction of only one copy for personal use, where that reproduction is made from a lawfully acquired copy.
Limitations and restrictions from rightholder's exclusive rights were formulated in Berne Convention for the Protection of Literary and Artistic Works from 9 September 1886 (Berne Convention). In accordance with paragraph 2 of Article 9 of Berne Convention members have right to foresee in national legislation the restrictions of rights for reproduction of literary and artistic works on condition that in national legislation shall be indicated cases of such restrictions and it shall not cause harm to normal exploitation of works and infringe author's legal interests. Provisions of paragraph 2 of Article 9 of Berne Convention reflected in Article 13 of the TRIPS Agreement as a quota about possible restrictions or limitations from the exclusive copyrights and related rights. Paragraph 2 of Article 1229 of the Civil Code of the Russian Federation correspond to above-mentioned international contracts which determines that provided cases of free reproduction for personal purposes do not cause unjustified harm to the ordinary use of the results of intellectual activity and do not impair in an unjustified manner the lawful interests of the rightholders. Article 1273 of the Civil Code of the Russian Federation establishes cases of free gratuitous reproduction of works (established provisions concern by related rights also in accordance with Article 1306 of the Civil Code of the Russian Federation), if it are realized with next conditions:  individual person realize the reproduction;  the reproduction are realized exclusively for personal purposes;  a work lawfully made subject by the reproduction. Herewith the indicate Article contains list of free gratuitous reproduction. These are cases when even intention to use corresponding work for personal purposes do not liberate a citizen from necessity to get rightholder's permission and to pay appropriate compensation. Herewith with a passing of Part 4 of the Civil Code of the Russian Federation such cases were complemented by two new limitations: Video recording of an audiovisual work in case of its public performance at a please open for free attendance or at a place where there are a significant number of persons present not belonging to the usual circle of a family is not admitted even for personal purposes (subparagraph 5 of Article 1273 of the Civil Code of the Russian Federation); Reproduction of an audiovisual work with the aid of professional equipment not meant for use in home conditions is not admitted (subparagraph 6 of Article 1273 of the Civil Code of the Russian Federation). Both indicated limitations allow to intensify fight with fabrication of a pirate production. Accordingly in accordance with indicated quotas individual person have right to reproduce (means to manufacture for satisfaction of own, family, household and other needs are not connected with realization of entrepreneurial acting) a copy of the film from TV broadcast, to reproduce work are placed in Internet in memory of computer, to make copy of audio recording (phonogram) or magazine article on a tape-recording or on a copier. Herewith the reproduction shall be realized such person personal purposes of who taken in attention. Provisions of Article 1273 of the Civil Code of the Russian Federation don't spread to legal person who may not refer to inner needs as to basic to reproduce work free even if such actions are not related with person's commercial activity or are made to individual person's order.