Copyright Provisions on the open licence on the use of copyrighted objects. The list of authorised ways of free use of copyrighted objects

The new version of the Civil Code is supplemented with Art. 1286.1 that contains provisions on open license for copyright. As a general rule, this is a royalty-free agreement of adhesion, which can be concluded according to a simplified procedure. All the conditions of an open license must be accessible to the general public. The Licensee may be granted the right to use the work in question as a basis for creation of a new copyrighted object. An analogy can be drawn here with regard to the open licenses that are widely used worldwide, but have not been introduced into the Russian legislation until now.

The legislator still aims at striking a balance between the interests of the rights holders and the society.

For instance, the list of the authorised ways of free use of copyrighted works without the rights holder’s consent and without payment of royalties (these provisions come into force as of 01.10.2014)has been extended: now it includes public performance of copyrighted work by educational and medical institutions, as well as by institutions that render social services to penitentiary system; recording on an electronic carrier and making available to general public synopsises of thesis. These ways of use of copyrighted works will have to be accompanied by a compulsory mentioning of the name of the author and source of borrowing in the same way as they were supposed to be accompanies by this information until now (paragraph 1 of Art. 1274 of the new version Civil Code of the Russian Federation).

Additions are made to the provisions on the free use of copyrighted works (i.e. without the rights holder’s consent and without payment of royalties, but with compulsory mentioning of the author’s name) by libraries, archives and educational institutions (Art. 1275 of the Civil Code of the Russian Federation): such entities have the right to create and provide for use to third persons copies of copyrighted works, including in electronic form. Such right is acknowledged provided that there is no aim to generate profit, including in the form of according mutual access to library resource.