Legal notes to copyright registration in Russia

Legal notes to copyright registration in Russia

Copyright registration in Russia. Russia, or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. Russia is a great power and is considered a potential superpower. It is ranked 52nd on the Human Development Index, with a universal healthcare system, and free university education. Russia’s economy is the world’s eleventh-largest by nominal GDP and the sixth-largest by PPP. It is a recognized nuclear-weapons state, possessing the world’s largest stockpile of nuclear weapons, with the world’s second-most powerful military, and the fourth-highest military expenditure. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of copyright registration in Russia.

Copyright in Russia

Unlike other intellectual property rights such as trademarks, patents, industrial designs, plant varieties, etc., copyright does not need to be registered for protection but will be automatically protected from the time the works are created.

The creation must be visible in a certain material form, like content, quality, form, medium, language, published or unpublished, registered or unregistered.

Accordingly, whether registered or not, the copyright to the work will still be protected. However, the creator should still apply for copyright registration in Russia early because early registration will give the author/owner of the work many advantages in the event of a dispute.

When unauthorized use of work occurs around the world, the owner of a work who has made a copyright registration in Russia will not have to waste time and complicate matters with proving himself/herself to be the legitimate owner of the work.

Thereby, in order to avoid passivity, the owner of the work should make a copyright registration in Russia immediately to protect their rights and interests when there is an infringement.

Copyright registration in Russia

Russia is a member country of The Berne Convention for Copyright since 1995.

The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement governing copyright. The agreement was first accepted in Berne, Switzerland, in 1886.

As Russia is a contracting party of the Berne Convention, any work originating in Russia will be given copyright protection in each of the Berne Convention member countries.

In most countries, copyright protection is automatic as soon as the work existed in material form. However, the copyright registration in Russia is critical in order for the copyright owner to obtain evidence of copyright.

Evidence of copyright is extremely important even when the works are automatically protected according to copyright law.

When registering, the work will get an application submission date, as well as information about the creation and proof of creative concept and development. This provides unambiguous proof of authorship and ownership that can’t be denied.

Proof of copyright is essential in an age when the publishing, dissemination, and theft of material is extremely easy with the exposure of the Internet.

If copyright registration is not made, copyright owners will lose a big amount of money as well as time needed to resolve issues related to copyright, proving ownership of the original work.

If the copyright owner has already registered for copyright protection to the IP office, they would have a strong legal foundation which would increase their chance of winning against the violating parties.

Documents for copyright registration in Russia

To obtain copyright registration in Russia, the author of the work needs to prepare the following documents:

  • Declaration of copyright registration in Russia;
  • Two copies of copyrighted work;
  • Documents proving the right to apply;
  • Written consent of co-authors, if the work has co-authors;
  • Written consent of the co-owners, if the copyright is jointly owned;
  • Notarized identity card of the author or owner of the work;
  • Power of Attorney, if the applicant is an authorized person;
  • Notarized copy of the company’s business registration certificate (if the owner is a company).

The copyright law of Russia

The current Copyright law of the Russian Federation is codified in part IV of the Civil Code of the Russian Federation. It entered in force on January 1, 2008.

The first post-Soviet copyright law of the Russian Federation became effective on August 3, 1993. It completely replaced the older Soviet legislation that had been in effect until then. The new Copyright law of 1993 was based upon WIPO model laws and followed the continental European tradition.

You can see a list of Russian IP firms here.