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2.1 performing right

Performer holds:1) exclusive performing right;2) right of authorship3) right to a name4) right of performance integrity
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The performer (author of performance) shall be deemed a person, by means of whose creative work such performance was made, - artist-performer (actor, singer, musician, dancer or other person, that plays a part, reads, recites, sings, plays music instrument or otherwise takes part in the performance of literary, artistic or folklore work, including pop, circus or puppet show), as well as production director of a play (a person, who carried out production of theatre, circus, puppet, pop or other performance) and conductor.The performer enjoys exclusive right to use performance in any legal manner (exclusive right to performance). Performer can dispose of exclusive right to performance.Performer holds:1) exclusive right to performance;2) authorship right – right to be acknowledged an author of performance;3) right to a name is the right to specify one’s own name or nickname on the copies of audio record or in any other cases of performance, and in case of associated rights to joint performance it is the right to specify name of the group of performers, except of the cases, when the nature of performance excludes possibility to specify name of performer or group of performers;4) right to performance integrity is the right to protection of performance against any distortion, that is making changes to the record, on-air or cable broadcasting that lead to distortion of meaning or breach of integrity of performance. Using of performance includes:1) record of performance that is capturing of sounds and/or images and/or their display using technical means in any tangible form, enabling their multiple perception, replay or broadcasting;2) reproduction of performance record that is creation of one or more copies of audio record or its part. With that record of performance to the electronic media, including to computer memory, is also considered a reproduction except of the cases, when such record is deemed temporary and is an integral and essential part of production process, the only purpose of which is legal use of the record or legal publication thereof;3) distribution of record of performance through sales or otherwise transfer of its original or instances that represent its copies contained on a tangible media;4) record or on-air broadcasting of performance;5) disclosure of performance in such a way that any person can access record of performance from any place at any time at their own choice (publication);6) renting of original or copies of performance record. Exclusive right to performance does not apply to reproduction, on-air or cable broadcasting and public performance of such record of performance, when such record was made upon the consent of performer, and its reproduction, on-air or cable broadcasting or public performance is executed with the same purpose, for which performer’s consent was given when recording performance.When concluding a contract with the performer about creation of audiovisual work, consent of the performer to the use of the performance as part of audiovisual work is implied. Consent of the performer to a separate use of audio or video contained in audiovisual work should be expressly set forth in the contract. For additional information refer to Paragraph 2, Chapter 71 of the Civil Code of the RF, part four dd. December 18, 2006. No. 230-ФЗ

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2.2 right to audio records

Audio record producer holds:1) exclusive right to audio record;2) right to specify author's name or brand on the instances of audio record and/or their packages;3) right to protection of audio record against any distortions;4) right of audio record disclosure
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The producer of audio record is a person, who originated and took responsibility for the first audio record of the performance or other audio or its representation. Unless otherwise is evidenced producer of audio record shall be deemed a person whose name or title is indicated on a copy of audio record and/or its package in a regular form.Producer of audio record enjoys exclusive right to use audio record in any legitimate manner (exclusive right to audio record). Producer of audio record can dispose of exclusive right to audio record.Producer of audio record holds:1) exclusive right to audio record;2) right to indicate producer’s name or title on instances and/or packages of audio record;3) right to protection of audio record against its distortion while in use;4) right to disclosure of audio record, that is performance of such action that makes such audio record available to public for the first time by means of its publication, public display, public performance, on-air or cable broadcasting or otherwise. At that, term “publication (release)” means release for circulation of audio record copies upon producer’s consent in the amount sufficient to meet reasonable needs of audience.Use of audio record includes:1) disclosure of audio record so that any person can access such record from any place at any time at such person’s choice (disclosure);2) reproduction that is production of one or more instances of audio record or part thereof. In this case writing of audio or its part to electronic media, including computer memory, is also deemed reproduction with the exception of cases when such record is considered temporary and is an integral and essential part of the existing production process, the only aim of which is legitimate use of audio record or its disclosure;3) distribution of audio record by means of sales or other assignment of the original or instances that are copies of audio record on any tangible media;4) renting of the original and copies of audio record;5) conversion of audio record.A person who has legally performed audio record conversion acquires associated right to converted audio record.For more information refer to Paragraph 3, Chapter 71 of the Civil Code of the RF, part four, dd. December 18, 2006. No. 230-ФЗ

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2.3 right of on-air and cable broadcasting organizations

On-air or cable broadcasting organization has the right to use legally performed broadcasting of the programs on-air or by cable according to article 1229 CC RF in any way that does not violate laws (exclusive right of radio and TV broadcasting.
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2.4 right of database vendor

Vendor of databases, development of which (including processing or provision of corresponding data) requires financial, tangible, organizational or other costs, is entitled to use any data from database and use such data later on in any form and manner (exclusive right of database vendor).
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Manufacturer of database shall be deemed a person who arranged database creation and all other operations for gathering, processing and placing of corresponding materials. Unless otherwise evidenced, producer of database shall be deemed an individual or legal entity, whose name or title is indicated on database instance and/or its package in regular form.Manufacturer of database, creation of which (including processing or provision of corresponding materials) requires significant financial, material, operating or other costs, holds the right to extract materials from database or use them later on in any form and any manner (exclusive right of database manufacturer). Database manufacturer can dispose of the aforementioned exclusive right. Unless evidenced otherwise the database, creation of which requires significant expenses, shall be deemed such database that contains at least ten thousand independent information entries (materials), making database content.No one has the right to extract materials from database and use them later on without consent of right holder except of the cases provided for in this Code. Hereby the extraction of materials means transmission of the entire database content or its significant part to other media with the use of any technical means in any form.Exclusive right of database manufacturer is acknowledged and is effective irrespective of presence and effect of rights of authorship or other exclusive right of database manufacturer or other persons to materials that make database content, or to the entire database as a part of complex work.A person that legally uses database, has the right without consent of right holder to extract materials from such database and use them later on for personal, scientific, educational or other non-commercial purposes to the extent dictated by such purposes and that does not violate copyright of database manufacturer and other parties.Use of materials extracted from database in such manner that implies obtaining of access to them by an unlimited number of persons, must be accompanied by the reference to the database from which such materials were extracted.For more information refer to Paragraph 5, Chapter 71 of the Civil Code of the RF, part four, dd. December 18, 2006. N 230-ФЗ

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2.5 publisher right to scientific, literary and artistic works

Publisher holds:1) exclusive publisher right to work published by such publisher 2) right to specify such publisher's name on copies of works published by such publisher and in other instances of use of such works including translation and other modifications
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