1.    Apart from the cases specified by the present Act, the following exclusive rights shall vest in the performer with respect to his performance or dramatic production:

• right of name;

• right to protection of performance or dramatic production against any distortion or other infringement prejudicial to the performer's honor and dignity;

• right to use the performance or dramatic production in any form, including the right to receive royalties for each type of use of the performance or dramatic production.

2.    Exclusive right to use performance or dramatic production shall signify the right to perform or to permit performance of the following:

1. to broadcast or cablecast for general public knowledge performance or dramatic production, where the performance or dramatic production used in such transmission was not broadcast earlier or is not being transmitted with the use of recording;

2. to record previously unrecorded performance or dramatic production;

3. to reproduce recording of performance or dramatic production;

4. to broadcast or cablecast recording of performance or dramatic production, where such recording was initially made for other than commercial purposes;

5. to lease phonogram published for commercial purposes containing a recording of performance or dramatic production with the performer's participation. This right shall, at conclusion of contract for recording of performance or dramatic production on phonogram, pass to the producer of the phonogram, with the performer retaining the right to receive royalties for lease of copies of such phonogram (Article 39 of the present Act).

3.    The performer's exclusive right specified in Subclause 3 of Clause 2 of the present Article shall not apply to cases where:

• the initial recording of performance or dramatic production was made with the performer's consent;

• the reproduction of performance or dramatic production is made for the same purposes for which the performer's consent was obtained in the recording of performance or dramatic production;;

• the reproduction of performance or dramatic production is made for the same purposes for which recording was made in conformity with the provisions of Article 42 of the present Act.

4.    The permissions specified in Clause 2 of the present Article shall be issued by the performer, and where performance is by a group of performers, by the leader of such a group, through conclusion of written contract with user.

5.    The permissions specified in Subclauses 1, 2 and 3 of Clause 2 of the present Article for subsequent transmissions of performance or dramatic production, recording for transmission, and reproduction of such recording by broadcasting or cablecasting organizations shall not be required, where these are expressly written into contract between performer and broadcasting or cablecasting organization. The amount of royalties due to the performer for such use shall also be written into this contract.

6.    Conclusion of contract between performer and producer of audiovisual work for the creation of an audiovisual work shall entail assignment by the performer of the rights specified in Subclauses 1, 2, 3 and 4 of Clause 2 of the present Article.

    The assignment of such rights by performer shall be limited to the use of the audiovisual work and, unless contract provides otherwise, shall not include the rights to separate use of sound or image recorded in the audiovisual work.

7.    The performer's exclusive rights specified in Clause 2 of the present Article may be assigned under contract to other persons.
 
 

1.    Apart from the cases specified by the present Act, exclusive rights to use the phonogram in any form shall vest in its producer, including the right to receive royalties for each type of phonogram use.

2.    The exclusive right to use a phonogram shall signify the right to perform or to permit performance of the following:

1. to reproduce the phonogram;

2. to rework or to alter in any other way the phonogram;

3. to distribute copies of the phonogram, i.e., to sell or lease such copies, and the like;

4. to import copies of the phonogram for the purposes of distribution, including copies made with the permission of the producer of the phonogram.

3.    Where copies of rightfully published phonogram are introduced into civil commerce through sale thereof, their further distribution shall be allowed without the consent of the phonogram's producer, and without payment of royalties.

    The right to distribution of phonogram copies through lease thereof shall vest in the producer of the phonogram, irrespective of the title to these copies.

4.    The exclusive rights of the producer of a phonogram specified in Clause 2 of the present Article may be assigned under contract to other persons.
 
 

1.    By way of exception to the provisions of Articles 37 and 38 of the present Act, the following shall be allowed without the consent of the producer of phonogram published for commercial purposes, and of the performer whose performance is recorded on such phonogram, but with payment of royalties:

1. public performance of phonogram;

2. broadcast of phonogram;

3. cablecast of phonogram for general public knowledge.

2.    Collection, apportionment and payment of the royalties specified in Clause 1 of the present Article shall be made by one of the organizations having collective management of the rights of producers of phonograms and performers (Article 44 of the present Act), under agreement between these organizations. Unless such agreement provides otherwise, the aforesaid royalties shall be apportioned equally between the producer and the performer of the phonogram.

3.    The amount and terms of payment of the royalties shall be determined by agreement between the phonogram-user or associations of such users, on the one part, and the organizations having effective management of the rights of producers of phonograms and performers, on the other, and where the parties have failed to reach such agreement, by an expressly authorized agency of the Russian Federation.

    The amount of royalties shall be fixed for each type of phonogram use.

4.    Phonogram-users must submit to the organization specified in Clause 2 of the present Article programs containing precise information on the number of phonogram-users, and other information and documents required for the collection and apportionment of royalties.
 
 

1.    Apart from the cases specified by the present Act, the exclusive rights to use transmission in any form and to give permission for the use thereof, including the right to receive royalties for the granting of such permission, shall vest in broadcasting organization with respect to its transmission.

2.    The exclusive right to give permission for the use of transmission shall signify the right of broadcasting organization to permit performance of the following:

1. give permission to another broadcasting organization to make simultaneous broadcast of its transmission;

2. to cablecast its transmission for general public knowledge;

3. to make recording of the transmission;

4. to reproduce the recording of the transmission;

5. to communicate the transmission for general public knowledge in places with paid admission.

3.    The exclusive right of broadcasting organization specified in Subclause 4 of Clause 2 of the present Article shall not apply to cases where:

• the recording of transmission was made with the consent of the broadcasting organization;

• the reproduction of the transmission is effected for the same purposes for which recording thereof was made, in conformity with the provisions of Article 42 of the present Act.

1.    Apart from the cases specified in the present Act, the exclusive rights to use transmission in any form and to give permission for the use thereof, including the right to receive royalties for the granting of such permission, shall vest in the cablecasting organization with respect to its transmission.

2.    The exclusive right to give permission for the use of transmission shall signify the right of the cablecasting organization to permit performance of the following acts:

1. to give permission to another cablecasting organization simultaneously to cablecast the transmission for general public knowledge;

2. to broadcast the transmission;

3. to make a recording of the transmission;

4. to reproduce the recording of the transmission;

5. to communicate the transmission for general public knowledge in places with paid admission.

3.    The exclusive right of the cablecasting organization specified in Subclause 4 of Clause 2 of the present Article shall not apply to cases where:

• the recording of transmission was made with the consent of the cablecasting organization;

• the reproduction of transmission is made for the same purposes as those for which recording thereof was made, in conformity with the provisions of Article 42 of the present Act.

1.    By way of exception to the provisions of Articles 37 to 41 of the present Act, use of performance, dramatic production, broadcast or cablecast, and recordings thereof, and also reproduction of phonogram shall be allowed without the consent of the performer, the producer of a phonogram, or the broadcasting or cablecasting organization, and without payment of royalties:

1. for inclusion in reviews of current events of short extracts from performance, dramatic production, phonogram, broadcast or cablecast;

2. exclusively for educational or scientific purposes;

3. for quotation in the form of short extracts from performance, dramatic production, phonogram, broadcast or cablecast, provided that such quotation is made for the purposes of information. In the event, any use by broadcasting or cablecasting organization for transmission by air or cable of copies of phonogram published for commercial purposes shall be allowed only subject to compliance with the provisions of Article 39 of the present Act;

4. in the other cases specified by the provisions of Section II of the present Act with respect to restriction of the property rights of the author of literary, scientific and artistic works.

2.    By way of exception to the provisions of Articles 37 to 41 of the present Act, use of broadcast or cablecast, and recording thereof, and also reproduction of phonogram for personal purposes shall be allowed without the consent of the performer, the producer of the phonogram, and the broadcasting or cablecasting organization. Reproduction of phonogram shall be allowed subject to payment of royalties, in conformity with Article 26 of the present Act.

3.    No application shall be made of the provisions of Articles 37, 38, 40 and 41 of the present Act with respect to obtaining the permission of the performer, producer of the phonogram and broadcasting organization to make short-term-use recordings of performance, dramatic production or transmission, to make reproduction of such recordings and reproduction of phonogram published for commercial purposes, where the short-term-use recording or reproduction is made by broadcasting organization with the use of its own equipment and for its own transmission, subject to:

1. broadcasting organization obtaining advance permission to broadcast the dramatic production, performance or transmission with respect to which, in conformity with the provisions of the present Clause, short-term-use recording or reproduction thereof is made;

2. its erasure within the time limits fixed for short-term-use recording of literary, scientific and artistic works made by broadcasting organization, in conformity with the provisions of Article 24 of the present Act, except for a single copy, which may be stored in official archives for reasons of its exceptional documentary nature.

4.    The restrictions laid down by the present Article shall be applied without detriment to the normal use of phonogram, performance, dramatic production, broadcast or cablecast, and recordings thereof, and of the literary, scientific and artistic works included therein, and without infringement of the legitimate interests of the performer, producer of the phonogram, broadcasting or cablecasting organization, or the authors of the aforesaid works.