États-Unis d'Amérique

Fédération de Russie

Droit d'auteur et droits connexes

5. Article 1245 (IP/N/1/RUS/O/2 at 367): Please clarify what rightholders are covered by authors, performers and manufacturers in the sound recording context. Chapter 71 addresses the manufacturers of and performers on sound recordings, but there is no mention of their author. When you refer to the author of the sound recording receiving 40% of the fee collected, do you mean the author of the musical composition that is recorded? How is the musical composition encompassed on a sound recording compensated under Article 1245?

In Article 1245 of the Civil Code of the Russian Federation rightholders who have the right to compensation for free reproduction of phonograms and audiovisual works exclusively for personal purposes are authors (authors of musical works (music and text) fixed in the phonograms and authors of audiovisual works); performers (performers who fixed their performance in the phonograms and performers who fixed their performance in the audiovisual works); preparers of phonograms and preparers of audiovisual works who have the exclusive rights acting (have recognized) on the territory of the Russian Federation in accordance with Articles 1256, 1321 and 1328 of the Civil Сode of the Russian Federation. Rightholders have right to compensation in accordance with paragraph 2 of Article 1273 of the Civil Code of the Russian Federation. Importers and manufacturers of equipment and storage devices used for reproduction for personal purposes shall pay compensation to indicated rightholders in accordance with Article 1245 of the Civil Сode of the Russian Federation. Chapter 71 of the Civil Code of the Russian Federation are mentioned in the question is dedicated to general questions of rights related with copyright.