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The Civil Code Of The Russian Federation
Part 4
Chapter 69. General Provisions
Chapter 71.The Rights Allied to Copyrights
Chapter 73. The Right to a Breeding Achievement
Chapter 74. The Right to Integrated Circuit Layout-Designs
Chapter 75. The Right to a Manufactory Secret (Know-How)
Chapter 76. Rights to the Means of Individualization
Chapter 77. The Right of Using the Results of Intellectual
Activity within a Unified Technology
Article 1270. The Exclusive Right to a Work
1. The author of a work or another right holder owns an exclusive right to use the work in accordance with Article 1229 of the present Code in any form and in any manner not conflicting with a law (the exclusive right to the work), including the methods specified in Item 2 of the present article. The right holder may dispose of the exclusive right to the work.
2. Irrespective of relevant actions being or not being committed for the purpose of getting a profit or without such purpose, the use of a work means the following:
1) the reproduction of the work, i.e. the manufacturing of one and more copies of the work or a part thereof in any material form, including the form of a sound or video recording, the manufacturing of one and more thee-dimension copies of a two-dimension work and of one and more two-dimensional copies of a three-dimensional work. In this case, a recording of the work on an electronic medium, including saving in a computer memory, shall also be deemed reproduction, except for cases when such saving is temporary and is an integral and significant part of a technological process solely intended for legally using a record or legally making the work known to the public;
2) the distribution of the work by sale or another alienation of its original or copies;
3) the public show of the work, i.e. any showing of the original or a copy of the work directly either on a screen by means of a film, transparency, television still or other technical facilities, and also the showing of separate stills of an audiovisual work without the observance of sequence thereof directly by technical facilities in a place open to the public or in a place where a significant number of persons are present who do not belong to the ordinary family group, irrespective of the work's being perceived in the place where it is shown or in another place simultaneously with the showing of the work;
4) the import of the original or copies of the work for the purpose of distribution;
5) the hiring out of the original or a copy of the work;
6) the public performance of the work, i.e. the presentation of the work through live performance or technical facilities (radio, television and other technical facilities), and also the showing of an audiovisual work (with or without sound) in a place open to the public or in a place
where a significant number of persons are present who do not belong to the ordinary family group, irrespective of the work's being perceived in the place where it is performed or shown or in another place simultaneously with the performance or show of the work;
7) the radio or television broadcasting (including retransmission), i.e. making the work known to the public (including the show or performance thereof), except for cable communications. In this case, communications means any actions whereby the work becomes open for audio and/or visual perception, irrespective of its being actually perceived by the public. When a work is broadcast via a satellite the broadcasting means the reception of signals from a ground station at a satellite and transmission of signals from the satellite, such signals being capable of making the work known to the public, irrespective of the signals being actually received by the public. An encoded signal transmission is deemed broadcast if decoders are provided to an unlimited group of persons by a broadcasting organisation or on the consent thereof;
8) cable communications, i.e. the transmission of the work for the public's notice, by radio or television via a cable, wire, optical fibre or similar facilities (including re-transmission). An encoded signal transmission shall be deemed cable communications if decoders are provided to an unlimited group of persons by a cable services organisation or on the consent thereof;
9) the translation or other processing of the work. In this case, the processing of a work means the creation of a derivative work (remake, screen version, arrangement, dramatisation etc.). The processing (modification) of a computer programme or database means any change therein, including the translation of the programme or database from one language into another, except for adaptation, i.e. amendment made exclusively for the purposes of running the computer programme or database on a specific hardware of a user or under the control of specific programmes of a user;
10) the practical implementation of an architectural, design, town planning or landscaping project;
11) bringing the work to the notice of the public so that any person can obtain access to the work from any place and at any time as the person chooses (bringing it to the notice of the general public).
3. The practical implementation of the provisions making up the content of a work, including the provisions being a technical, economic, organisational or another solution, shall not be deemed a use of the work as much as the rules of the present chapter are concerned, except for the use envisaged by Subitem 10 of Item 2 of the present article.
4. The rules of Subitem 5 of Item 2 of the present article are not applicable to a computer programme, except for cases when such programme is the main object of hiring-out.
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