Should immediately be noted that you , as the author of the text and / or music musical work (with or without text ) , there are copyright from the inception of your intellectual product in any material form , and it does not need to perform any formalities , and therefore there is no need to make any special registration procedure.

But we must remember to protect their rights in the first place to prove his authorship .

One of the variants of the proof can be used sending a registered letter to the address , or , for example , notarization of a text written by you work. All of these actions serve only one purpose – to confirm the priority of your authorship , and hence your copyrights .

In the process , the product purchased to the final shape , often attended by a large number of people – singer , producer, sound producer , sound engineer , arranger, leader of the recording studio , etc. Each plays its part to work turned out the way it was heard dozens , maybe millions of people. Who is considered the author of the work, but someone – no?
The law on this question is a definite answer , and clearly defines the rights of each of the participants in the process of creating a composition ( intellectual property).

According to Art . 1228 Civil Code ” are not recognized by the authors of intellectual activity citizens who have not made a personal creative contribution to this result , including the author was his only technical , consulting , organizational or material assistance or assistance or helped design rights to such result or its use as well as citizens , to monitor the implementation of relevant work. ”
Therefore, if you have created a text or music – you definitely author, but if you, for example , as a producer, recording studio and paid work engineer , you can not be the author of the work , but will have the right to the phonogram producer , but sound as person to provide technical assistance , will not have any intellectual property rights .

Author’s right

Of intellectual property recognized intellectual property rights , which include the exclusive right is a property right , as well as moral rights and other rights such as the right route, right of access , and others.

Moral rights are:

– The right of authorship and the author’s name , is the right to be an author, use or permit the use of the work under his own name or anonymously .
– The right to inviolability of the work means that, without the consent of the author is prohibited to make changes to the product , reduce and additions, etc.
– The right to disclosure of a work – the right to carry on their own or to consent to action for the first time will make the work accessible to the public, as well as the related right to withdraw permission for the disclosure , subject to reimbursement of losses caused by such decision a person to get an early resolution from the author.
Moral rights are inalienable , ie they always belong to the author .

Property rights (exclusive right):

The author has the exclusive right to the result of intellectual activity , this right arises from the original author from the time of creation and relates to property rights , ie may be sold , transferred , etc.
Exclusive right means that the result of intellectual activity (work , dance, film) holder is entitled to use at their discretion in any manner not inconsistent with law . Holder may , at its discretion to authorize or prohibit its use .
Other persons may not use the corresponding intellectual property without the consent of the copyright holder. Using the results of intellectual activity is illegal and punishable .
The main difference between property rights of non-property is that the exclusive right may be transferred to another person by the author , and moral , yet they are called personal – no.
Due to the fact that, in accordance with Article 1229 of the Civil Code of the Russian Federation without permission of the author can not use the results of intellectual property raises the question of what to do if they violate – used without permission ? How to protect your rights?

Rights of performers and producers of phonograms

Intellectual property rights in the results of performing activities ( performance) , phonograms , are adjacent to the copyright ( related rights ) .

Executor ( author of the performance ) is a citizen whose creative work created pursuant to – Performers ( actor, singer, musician, dancer or other person who performs, reads , recites , sings, plays an instrument , or otherwise participating in the performance works of literature, art or folk art , including vaudeville , circus or puppet show ) .
Phonogram producer is the person who has taken the initiative and the responsibility for the first fixation of sounds of a performance or other sounds or the representations of sounds. In the absence of evidence to the contrary phonogram producer is a person whose name is indicated in the usual manner on a copy of the phonogram and (or) its packaging .
Belong to the Contractor:

1) the exclusive right to the performance ;

2 ) the right of authorship – the right to be recognized author of the performance ;

3) The right to a name – the right to be mentioned by name or pseudonym on copies of the phonogram and in other cases the use of performance, and in case specified in paragraph 1 of Article 1314 of this Code , the right to specify the name of the group of performers , except in cases where the nature of use of the work excludes ability to specify the name of an artist or group of performers;

4) the right to the inviolability of execution – the right to protection against any distortion performance , ie, from entering into the record , in a message broadcast or cable changes that lead to a distortion of the meaning or corrupt the perception of performance.

2. Artists exercise their rights with the rights of the authors performed works .

3. Performer’s rights are recognized and operate independently of the presence and effectiveness of copyright to the executable.

Phonogram producers include:

1) the exclusive rights to phonogram;

2) The right to an indication of the copies of the phonogram and (or) their packaging in its own name or names;

3) protection for phonogram distortion when using it ;

4) the right to publication of the phonogram, the implementation of the action , which first makes a phonogram available to the public through publication , public display , public performance, broadcasting or cable or other means . In this publication ( public release ) is the issuance of copies of the phonogram with the consent of the manufacturer in an amount sufficient to meet the reasonable needs of the public .

2. Phonogram producer shall exercise its rights with the rights of creators and performers’ rights .

3. Phonogram producer rights recognized and act independently of the presence and action of copyright and performers’ rights .

4. Right to be mentioned on copies of the phonogram and (or) their packaging in its own name or names and the right to protection of phonograms and distortion are protected throughout the life of a citizen or until termination of the legal entity, which is the manufacturer of the phonogram.

How to protect your rights

In principle, two ways to protect :
1. Court settlement .
2. Court settlement .

Civil Code and Criminal clearly define measures that can be applied to violators of the exclusive rights , but in practice, to address the issues in court takes considerable time , so in most cases you should seek to resolve issues in the pretrial order , and only in extreme cases use methods of adjudication.
To assist in protecting the rights of authors created as non-profit and commercial organizations . An example of non-profit organizations are the Russian Authors’ Society , the Russian Union of rightholders, example of commercial organizations – ” First Music Publishing .”

Collaboration with First Musical Publishing

Work with any organization based on mutual commitments , which occur after the conclusion of the treaty .
In accordance with the law , there are two types of contracts under which owner may transfer its rights : the alienation contract and license agreement .
Under the contract of alienation holder transfers all his rights for all, ie after the signing of the contract at the Franchisor are only non-proprietary ( private) law. This agreement is comparable to the contract of sale , ie when the rights to pass from one person to another .
In contrast to the conclusion of the disposition of the license agreement (Article 1233 of the Civil Code ) does not entail any transfer of exclusive rights , and rights holders can feel much calmer when transferring rights as property rights remain with the Copyright Holder .

Under a licensing agreement , one party – the author , performer, producer of phonograms ( licensor) grants or agrees to grant to the other party (the licensee ) the right to use the corresponding object of copyright or related rights in the contractual limits .

A license agreement can be of 2 types:

1. Exclusive license ( without saving for the rightholder rights issue similar licenses to other parties) .
2. Non-exclusive (simple) license ( with the right to issue a similar conservation license to other parties) .

Any license agreement must contain: a list of the transferred rights ( scope of rights ) , time and territory for which the rights are transferred , as well as remuneration for transferable rights . Remuneration is a prerequisite for the contract , it can be fixed ( one-time ) or periodic ( in the form of interest payments – Royalties ) .
Any collaboration of authors, performers or producers of phonograms , our company begins only after the conclusion of a license agreement .

To conclude a contract with the first music publishing the following documents:

  1. Individual Entrepreneur right holder:

1) copy (scan ) + passport page with registration ( residence permit )

2) A copy (scan ) the certificate of registration with the tax authority as SP ,

3) A copy (scan ) of the certificate of state registration of IP,

4) A copy (scan ) of the extract from the Unified State Registry of showing all kinds of FE ,

5) Bank details + a notice from the bank to open an account .

  1. Copyright – Legal entity:

1) copy (scan ) of the Constitution ,

2) A copy (scan ) of the certificate of state registration of the legal entity ,

3) A copy (scan ) the certificate of registration of the legal entity in the tax authority ,

4) bank details + NEWSLETTER from the bank ,

  1. Copyright – individual:
    1. A citizen of the Russian Federation  –

1) copy (scan ) + passport page with registration ( residence permit )

2) A copy (scan ) TIN

3) A copy (scan ) card state pension insurance,

4) Full bank details – name of the bank , № additional office or branch INN bank bank BIC , сurrent фccount / Bank account correspondent / Bank account, the front (estimated ) account holder, if there is a card – the card number;

5) If the owner is the heir – a copy (scan ) certificate of the right to inherit the copyright and / or related rights

    1. Non-residents Russian Federation

1) copy (scan ) + passport page with registration ( residence permit )

2) Identification number (if available)

3) Full bank details, which may make transfers from Russian bank:

name of the bank , № additional office or branch

TIN of the bank, bank BIC, сurrent фccount / correspondent bank account

front (estimated ) account holder, if any card – the card number;

4) If the owner is the heir – a copy (scan) certificate of the right to inherit the copyright and / or related rights;

5) It is desirable to provide (each year during the term of the contract) a certificate from the tax authority of the country that the copyright holder is a resident of that country

How we work

1. The license agreement is on an exclusive basis for one of two schemes:
A) Transfer Franchisor exclusive license for all uses of the results of intellectual activity;
B) The transfer of the right holder of the exclusive license rights on the part .
2 . The author made ​​the registration of works in the database of the Russian Authors’ Society
3 . The author made ​​the registration of works abroad in the database of foreign companies.
4 . Are monitored and the use of the transmitted works, performances , phonograms in various fields (for mechanical rights (any mechanical and digital media) , in mobile networks , the Internet , karaoke, AVP (audiovisual works) .
5 . If possible work in audiovisual works are placed in special programs , such as iPods , provided in planes of Aeroflot, players with karaoke function , etc.
6. Collects fees for the use of works, performances or phonograms .
5 . Calculation and payment of fees collected for the Franchisor .
Payments are made ​​quarterly for granted Franchisor (Licensor) bank account .
Actually transfer royalties are :
1Q – in late April
2Q – in the last days of July
for the 3rd quarter – in late October
4Q – in late January

Probably every author, artist, producer of a phonogram asked myself this question: ” Should I enter into a contract on the transfer of property rights to it created a work, performance or phonogram ? ” We say, ” Sure!! ” And who – you decide.

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