Article 1325. Distributing the Original or Copies of a Published Sound Recording If the original or copies of a legally published sound recording have been released for civil-law transactions on the territory of the Russian Federation by means of a sale or another alienation the further distribution of the original or copies is admissible without the consent of the owner of the exclusive right to the sound recording and without a fee being paid thereto.

Article 1326. Using a Sound Recording Published for Commercial Purposes

1. The public performance of a sound recording published for commercial purposes, and also the broadcasting or cable transmission thereof is admissible without the permission of the owner of the exclusive right to the sound recording and of the owner of the exclusive right to the performance fixed in the sound recording, but with a fee being paid thereto.

2. The collection of the fee described in Item 1 of the present article from users and the distribution of the fee shall be carried out by organisations managing rights on a collective basis and holding state accreditation for the pursuance of the relevant types of activity (Article 1244).

3. The fee described in Item 1 of the present article shall be distributed among the right holders according to the following proportion: 50 per cent to performers, 50 per cent to the manufacturers of sound recordings. Fee distribution among specific performance and manufacturers of sound recordings shall be carried out pro rata to the actual use of the relevant sound recordings. The procedure for collecting, distributing and paying out a fee is established by the Government of the Russian Federation.

4. The users of sound recordings shall file their reports with the organisation managing rights on a collective basis on the uses of sound recordings, and also provide the other information and documents required for fee collection and distribution.

Article 1327. The Effective Term of the Exclusive Right to a Sound Recording, the Transfer of the Right to Successors and the Passing of a Sound Recording into the Public Domain

1. The exclusive right to a sound recording is in effect for 50 years from January 1 of the year following the year in which the recording took place. In the event of promulgation of a sound recording, the exclusive right is in effect for 50 years from January 1 of the year following the year in which it was promulgated, provided the sound recording is promulgated within 50 years after the recording took place.

2. The heirs and other successors of the manufacturer of a sound recording the exclusive right to the sound recording is transferred within the limits of the remaining portions of the terms specified in Item 1 of the present article. 3. Upon the expiry of the effective term of the exclusive right to a sound recording it shall pass into the public domain. A sound recording that has passed into the public domain is subject to the rules of Article 1282 of the present Code.

Article 1328. The Effect of the Exclusive Right to a Sound Recording on the Territory of the Russian Federation
The exclusive right to a sound recording is effective on the territory of the Russian Federation if:
the manufacturer of the sound recording is a citizen of the Russian Federation or a Russian legal entity;
the sound recording has been promulgated or its copies have been publicly distributed for the first time on the territory of the Russian Federation;
other cases contemplated by international treaties of the Russian Federation.

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