A new regulation for handling “orphan” works will be introduced in Russia on October, 1st, 2024
30.09.2024
On October 21, amendments to the Russian Civil Code will come into force. For the first time, they’ll regulate the use of “orphan” works – the works with the unknown author or copyright holder, and for this reason the permission to use them could not be obtained. “The lack of regulation did not allow the proper and legal use of copyright and related rights objects, with the authors and copyright holders unknown, since there was always a risk that the author (copyright holder) could show up and make demands related to illegal use,” says Maria Matyushkina, head of IP practice at YUST company.
Previously, the usage of such works was not regulated by law, which complicated their use and limited access to them for wide audience. Now, specially accredited organizations for collective right management (CMOs) will be created. They will manage rights for “orphan” works, issue licenses, keep a register and control their use. Interested parties will be able to obtain permissions to use them through a CMO. Remuneration for the use of the works will be credited to a special account, authors will be able to receive it from that account after being identified.
The law also establishes specific measures to search for the author, which must be taken before applying for permission to use. Thus, when applying a CMO, the interested party is obliged to provide information on whether they have taken measures to search for the author in open sources and information systems, libraries and archival collections and databases of the CMO.
The CMO will also be entitled to monitor the licensee’s compliance with the terms of the license agreement for the “orphan” work and, in the event of violation, terminate the agreement or go to court to protect the interests of the unknown copyright holder.
It is important that the law classifies as an “orphan” work not only works whose author is unknown, but rather the works whose author is known, but there is no information about the address where legally significant messages can be sent. Therefore, Alisa Mikheeva, a lawyer in the intellectual property and digital law practice at SEAMLESS Legal (SL Legal), recommends that authors and other copyright holders monitor and update information about themselves as well as their contact details when distributing works, especially on the Internet, in order to avoid being mistakenly included into the register:
“The innovations are certainly significant for those interested in using “orphan” works or already use such works. They need to bring their internal processes into compliance with the new rules. If any “orphan” works are already being used, it is necessary to contact the CMO to resolve the issue and protect yourself from a potential claim from the CMO”.