États-Unis d'Amérique

Fédération de Russie

Droit d'auteur et droits connexes

Follow-Up to Question 17: We would like clarification, specifically when a work is not used separately but within an audiovisual work. Since authors of musical compositions contained in audiovisual works are considered authors of the audiovisual work under Article 1263, does the author of the musical composition have a public performance right when that music is contained in the audiovisual works and communicated to the public via television broadcasting or exhibited in theaters under Article 1263, point 3?.

Paragraph 3 of Article 1263 of the CC RF assigns to the composer who is the author of a musical work (with or without lyrics) used in the audiovisual work only the right for "fair" remuneration for public performance, as well as for communication by wireless means or by wire of an audiovisual work. This right is not in any way connected to the right for public performance, including exhibition in theaters or communication to the public via television broadcasting. The authors of an audiovisual work on the base of the exclusive right alienation contract (Article 1234 of the CC RF) or on the base of a license contract (Article 1234 of the CC RF) transfers to the producer (creator of the audiovisual work) the right to use their work in the composition of a complex audiovisual work. Furthermore as we already mentioned, in accordance with Article 1240 of the CC RF the provisions of the license contract restricting the right to use an audiovisual work shall be invalid. Please note that we are talking about the use of an audiovisual work. Thus, by concluding contract with producer (the creator of an audiovisual work), authors transfer or grant him the rights for such a work as a whole, and therefore the producer has an exclusive right for public performance, including exhibition in theaters or communication to the public via television broadcasting.