Article 1318. The Effective Term of the Exclusive Right to a Performance, the Inheritance of the Right and the Passing of the Performance into the Public Domain

1. The exclusive right to a performance is in effect for the whole life of the performer, but at least for fifty years from January 1 of the year following the year in which the performance took place or a record of the performance was taken or the communication of the performance by means of a broadcast or cable service took place.

2. If a performer has been subjected to repression and posthumously rehabilitated, the effective term of the exclusive right shall be deemed extended, and fifty years shall be counted from January 1 of the year following the year in which the performer was rehabilitated.

3. If a performer worked during the Great Patriotic War or took part in it, the effective term of the exclusive right established by Item 1 of the present article shall be extended by four years.

4. The transfer of the exclusive right to a performance in line of succession is subject to the rules of Article 1283 of the present Code.

5. Upon the expiry of the effective term of the exclusive right to a performance the right shall pass into the public domain. A performance that has passed into the public domain is subject to the rules of Article 1282 of the present Code.

Article 1319. Levy of Execution on the Exclusive Right to a Performance and on the Right of Using a Performance under a Licence

1. The exclusive right to a performance owned by a performer is not subject to levy of execution. However, the things in action of a performer in respect of other persons under contracts of alienation of the exclusive right to a performance and under licence contracts, and also in respect of incomes received from the use of a performance are subject to levy of execution. An exclusive right owned by a person other than the performer proper and the right of using a performance owned by a licensee are subject to levy of execution. The rules of Paragraph 1 of the present item extend to the heirs of the performer, their heirs and so on within the limits of the effective term of the exclusive right. 2. In the event of a public sale of a right of using a performance owned by a licensee for the purposes of levy of execution on the right the performer enjoys a priority right to acquire it.

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