United States of America
Russian Federation
Copyright and Related Rights
8. Article 1274 (1) (1 and 2) (IP/N/1/RUS/O/2 at 380): These copyright exceptions (IP/N/1/RUS/O/2 at 379) appear overly broad. Both Articles 10 (1) and (2) of Berne Convention, which are incorporated in Article 1274 (1 and 2), require that such use be compatible with fair practice. Please explain how this fair practice limitation is addressed by Article 1274 (1 and 2).
Provisions 1 and 2 of Article 1274 of the Civil Code of the Russian Federation provide the use of works without the consent of the rightholder and without the payment of compensation in case of citation in the original language or in translation for scientific, polemical/critical, or information purposes of works lawfully made public in an amount justified by the purpose of citation, including the reproduction of excerpts from newspaper and magazine articles in the form of press surveys and also in cases of use of works lawfully made public and excerpts from them as illustrations in publications, radio and television broadcasts, and sound and video recordings of an instructional nature in an amount justified by the purpose thereof. Necessary to note that provisions of Article 1274 of the Civil Code of the Russian Federation are not subjected to widened interpretation and apply in the relationship with paragraph 5 of Article 1229 of the Civil Code of the Russian Federation establishes that limitation from exclusive rights to results of intellectual activity shall be established on the condition that such limitation does not contradict to the ordinary use of the works or object of the related right and does not impair the lawful interests of the rightholders. Indicated provision corresponds to Article 13 of TRIPS.