United States of America
Russian Federation
Copyright and Related Rights
9. Article 1274 (1)(6) (IP/N/1/RUS/O/2 at 380): We are concerned that this exception is overly broad. Would a non-profit entity be able to use this exception when the copyright owner has made the work available in the same format?
In accordance of provision 1 of Article 1274 CC RF right to use of work lawfully made public without the consent of the rightholder and without the payment of compensation in case of reproduction without the extraction of profit in dot-relief type or other special means for the blind. No matter organizational legal form of entity who use work for purpose of reproduction for the blind. In present case shall be observed next conditions: such reproduction shall be realized from work lawfully made public; such reproduction and further spreading of work shall be realized without extraction of profit. Works representing the copy of work in any material form in quantity which enough for satisfaction of requirement of public from depending of character of work are admitted be made public. Indicated provisions do not provide limitation of exclusive right of works to benefit of persons with limited possibility including disabled persons about hearing as it provided in legislation of United States of America, for example. In some countries (e.g.in Article 37 of the Copyright Law of Japan from 1970) such limitation of exclusive right spreads by works lawfully promulgated (but not made public as in Russian legislation) that widen volume of this limitation.