United States of America
Russian Federation
Copyright and Related Rights
10. Article 1274(3) (IP/N/1/RUS/O/2 at 380): This exception appears to be overly board. Please explain how the exception limits taking only the portion of the work necessary for the purposes of the parody.
The possibility of creation of works in the genre of a literary, musical, or other parody, or in the genre of caricature on the basis of work lawfully made public without the consent of the rightholder and without the payment of compensation and subsequent use of caricature or parody without the payment of compensation to author of original work are established in paragraph 3 of Article 1274 of the Civil CodeCivil Code of the Russian Federation. Provisions of paragraph 3 of Article 1274 of the Civil CodeCivil Code of the Russian Federation on free creation and use in the genre of a literary, musical, or other parody, or in the genre of caricature on the basis of another (original) work lawfully made public without the consent of the author of such original work appeared in Russian legislation as a result of borrowed approach of Directive 2001/29/EC of the European Parliament and of the Council of 22/05/2001 "On the harmonization of certain aspects of copyright and related rights in the information society" according to sub point (k) of point 3 of Article 5 of the Directive what admit may provide for exceptions or limitations in case of use for the purpose of caricature, parody or pastiche. Article 1274 of the Civil CodeCivil Code of the Russian Federation provides that parodies and caricatures shall be used in for Informational, Scholarly, Instructional, or Cultural Purposes, how it show name of Article. In this way author of original work have not right to prohibit to use his work in indicated method on the basic of provisions of Part 4 of the Civil CodeCivil Code of the Russian Federation, but in case if parody or caricature denigrate honor, dignity or reputation of author of original work, he have right to protect it in order are established in Article 125 of the Civil CodeCivil Code of the Russian Federation. Should take in attention that creation of parody or caricature is not a recast of primary (original) work; it is creation of new, independent work. Parodies and caricatures are recognizable that is associated with primary (original) works because of likeness of maintenance (what is not copyrighted), but not because of likeness wit form (what is copyrighted).