Article 1244. The State Accreditation of Organisations Managing Rights on a Collective Basis

1. An organisation managing rights on a collective basis may obtain state accreditation for the pursuance of activities in the below areas of collective management:
1) managing the exclusive rights in published musical works (with or without a text) and segments of dramatic-musical works in respect of the public performance thereof, broadcast or cable transmission, including re-transmission (Subitems 6-8 of Item 2 of Article 1270);
2) exercising the rights of the composers being the authors of the musical works (with or without a text) used in an audiovisual work to receive a fee for the public performance or broadcast or cable transmission of the audiovisual work (Item 3 of Article 1263);
3) managing the artist's resale right in respect of artistic works, and also the author's manuscripts (autographs) of literary and musical works (Article 1293);
4) exercising the rights of the authors, performers and manufacturers of sound recordings and audiovisual works to receive a fee for the reproduction/playback of the sound recordings and audiovisual works for personal purposes (Article 1245);
5) exercising the rights of performers to receive a fee for a public performance, and also for a broadcast or cable transmission of sound recordings that are published for commercial purposes (Article 1326);
6) exercising the rights of manufacturers of sound recordings to receive a fee for a public performance and also for a broadcast or cable transmission of sound recordings published for commercial purposes (Article 1326).
The state accreditation shall be carried out on the basis of a transparent procedure and of account being taken of the opinion of persons concerned, including right holders, in the procedure defined by the Government of the Russian Federation.

2. State accreditation for the pursuance of an activity in each of the collective management areas specified in Item 1 of the present article may be obtained by only one organisation managing rights on a collective basis.
An organisation managing rights on a collective basis may obtain a state accreditation for the pursuance of activities in one, two and more collective management areas specified in Item 1 of the present article.
The activities of an accredited organisation are not subject to the restrictions envisaged by antimonopoly legislation.

3. An organisation managing rights on a collective basis which has obtained state accreditation (an accredited organisation) is entitled, apart from managing the rights of the right holders with which it has concluded contracts in the procedure set out in Item 3 of Article 1242 of the present Code, to manage rights and collect fees for the right holders with which it has not concluded such contracts.
The existence of an accredited organisation shall not impede the formation of other organisations to manage rights on a collective basis, including those in the collective management areas specified in Item 1 of the present article. Such organisations are entitled to conclude contracts with users only in the interests of the right holders which have conferred thereon right management powers in the procedure envisaged by Item 3 of Article 1242 of the present Code.

4. A right holder that has not concluded a contract with an accredited organisation for the transfer of right management powers (Item 3 of the present article) is entitled at any time to waive in full or in part the management of his rights by that organisation. The right holder shall notify in writing the accredited organisation of his decision. If the right holder intends to waive the management by the accredited organisation of only part of copyright or allied rights and/or objects of these rights he shall present thereto a list of such removed rights and/or objects.
Upon the expiry of three months after the receipt of the relevant notice from the right holder the accredited organisation shall remove the rights and/or objects specified by him from contracts with all users and post information about it in a public information system. The accredited organisation shall pay to the right holder the fees he is entitled to that have been received from users under the contracts concluded earlier and present a report in compliance with Paragraph 4 of Item 4 of Article 1243 of the present Code.

5. The accredited organisation shall take reasonable and sufficient measures for identifying the right holders entitled to receive fees under the licence contracts and contracts of disbursement of fees concluded by this organisation. Except as otherwise established by a law, the accredited organisation is not entitled to refuse to admit as its member a right holder entitled to receive a fee in accordance with the licence contracts and contracts of disbursement of fees concluded by this organisation.

6. Accredited organisations shall pursue their activities under the supervision of the authorised federal executive governmental body.
Every year, accredited organisations shall present their reports to the authorised federal executive governmental body about their activities, and also publish them in an all-Russia mass medium. The form of the report shall be established by the authorised federal executive governmental body.

7. The model charter of an accredited organisation shall be approved in the procedure defined by the Government of the Russian Federation.

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