États-Unis d'Amérique

Fédération de Russie

Droit d'auteur et droits connexes

Follow-Up to Question 14: We would like further clarification. Do we correctly understand that Chapter 71 protects scientific, literary and artistic works after the copyright term has expired and those works have fallen into the public domain and Chapter 70 applies to those works while they are protected by copyright?

No, this understanding is not correct. Firstly, First, Chapter 71 of the CC RF regulates the relationships of the use of all the objects of related rights. The rights of the publisher are regulated by only one section (section 6) of the Chapter 71 of the Civil Code of the Russian Federation. Secondly, the right of the publisher can arise not only in case when protection of an exclusive right to work expired and this work has fallen into public domain but also in case when the work has never been protected by copyright. As an example of the second case could be the publication of the work unknown before, whose author had created this work prior to the beginning of legal copyright protection in Russia (till 1828). Provisions of section 6 Chapter 71 of the CC RF are formulated by analogy with the Article 4 of the Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (the codified version).