March 14, 2014 at 13:00Copyright Amendments
On March 12, Federal Law N 35-ФЗ On Amendments to the Civil Code and other legislative acts on intellectual property regulation was signed.
The new law is actually reforming the current legislation on intellectual property - the changes that are being introduced are so substantial and widespread.
The most significant copyright changes for IT companies see under the cut.
1) The issue of the possibility of concluding a license agreement for the use of computer programs with an end user free of charge on the basis of the widespread practice of including the text of the license agreement ( EULA) to the software distribution package, statements on the package or in electronic form without indicating the amount of the fee. In the current version of the Civil Code, the absence of an indication of the amount of remuneration deprives such a license agreement of legal force.
2) The Civil Code is supplemented by the rules on an open license for computer programs and databases. In particular, it states that an open license is a contract of accession, it may provide for a simplified procedure for its adoption by taking certain actions, unless otherwise indicated, such a license is considered free, the validity period is equal to the term of protection of the exclusive right to software, and the license is granted to the whole world (Article 1286.1 and Clause 2 of Article 1308 of the Civil Code of the Russian Federation).
3) The exclusive right to any works created by order on the basis of a work contract will belong to the customer, unless otherwise provided by the contract. Now such a presumption is valid only for computer programs (Article 1296 of the Civil Code of the Russian Federation).
4) The conflict between the specified Art. 1296 of the Civil Code of the Russian Federation on the work contract for the creation of works and the contract of the author's order (Art. 1288 of the Civil Code of the Russian Federation) was resolved. The rules of Article 1296 of the Civil Code of the Russian Federation do not apply to contracts in which the contractor (performer) is the author of the work (article 1288). The latter provides for the reverse presumption - the rights are reserved for the author, unless otherwise provided.
5) Clarifications have been made to the basic rights to use a legally obtained copy of the program and database. It is provided that the user has the right to carry out the actions necessary for the functioning of the computer program or database (including during use in accordance with their purpose), including recording and storing in the computer memory (one computer or one network user), entering into the program for a computer or a database of changes solely for the purpose of their functioning on the user's technical means, correction of obvious errors, unless otherwise provided by an agreement with the copyright holder. Moreover, such actions, along with other rights specified in Article 1280, should not contradict the normal use of a computer program or database and should not unreasonably infringe upon the legitimate interests of the author or other copyright holder.
6) It is determined that the court can take interim measures commensurate with the volume and nature of the offense aimed at suppressing the unlawful use of works in information and telecommunication networks, in particular at restricting access to materials containing illegally used works. The procedure for restricting access to such materials is established by the legislation of the Russian Federation on information. Now this order applies to films. This is about the timing of the entry into force of amendments to the "anti-piracy law."
7) Changed the scope of restrictions on the use of databases. It is allowed to extract materials from the database and carry out their subsequent use for the purposes for which the database is provided, in any volume, unless otherwise provided by the contract. In addition, the repeated extraction or use of materials constituting an insignificant part of the database is prohibited if such actions contradict the normal use of the database and unreasonably prejudice the legitimate interests of the database manufacturer.
The changes come into force on October 1, 2014, with the exception of the provisions of clause 1, which apply to license agreements, proposals for the conclusion of which are made after 10/01/2014.
The new law is actually reforming the current legislation on intellectual property - the changes that are being introduced are so substantial and widespread.
The most significant copyright changes for IT companies see under the cut.
1) The issue of the possibility of concluding a license agreement for the use of computer programs with an end user free of charge on the basis of the widespread practice of including the text of the license agreement ( EULA) to the software distribution package, statements on the package or in electronic form without indicating the amount of the fee. In the current version of the Civil Code, the absence of an indication of the amount of remuneration deprives such a license agreement of legal force.
2) The Civil Code is supplemented by the rules on an open license for computer programs and databases. In particular, it states that an open license is a contract of accession, it may provide for a simplified procedure for its adoption by taking certain actions, unless otherwise indicated, such a license is considered free, the validity period is equal to the term of protection of the exclusive right to software, and the license is granted to the whole world (Article 1286.1 and Clause 2 of Article 1308 of the Civil Code of the Russian Federation).
3) The exclusive right to any works created by order on the basis of a work contract will belong to the customer, unless otherwise provided by the contract. Now such a presumption is valid only for computer programs (Article 1296 of the Civil Code of the Russian Federation).
4) The conflict between the specified Art. 1296 of the Civil Code of the Russian Federation on the work contract for the creation of works and the contract of the author's order (Art. 1288 of the Civil Code of the Russian Federation) was resolved. The rules of Article 1296 of the Civil Code of the Russian Federation do not apply to contracts in which the contractor (performer) is the author of the work (article 1288). The latter provides for the reverse presumption - the rights are reserved for the author, unless otherwise provided.
5) Clarifications have been made to the basic rights to use a legally obtained copy of the program and database. It is provided that the user has the right to carry out the actions necessary for the functioning of the computer program or database (including during use in accordance with their purpose), including recording and storing in the computer memory (one computer or one network user), entering into the program for a computer or a database of changes solely for the purpose of their functioning on the user's technical means, correction of obvious errors, unless otherwise provided by an agreement with the copyright holder. Moreover, such actions, along with other rights specified in Article 1280, should not contradict the normal use of a computer program or database and should not unreasonably infringe upon the legitimate interests of the author or other copyright holder.
6) It is determined that the court can take interim measures commensurate with the volume and nature of the offense aimed at suppressing the unlawful use of works in information and telecommunication networks, in particular at restricting access to materials containing illegally used works. The procedure for restricting access to such materials is established by the legislation of the Russian Federation on information. Now this order applies to films. This is about the timing of the entry into force of amendments to the "anti-piracy law."
7) Changed the scope of restrictions on the use of databases. It is allowed to extract materials from the database and carry out their subsequent use for the purposes for which the database is provided, in any volume, unless otherwise provided by the contract. In addition, the repeated extraction or use of materials constituting an insignificant part of the database is prohibited if such actions contradict the normal use of the database and unreasonably prejudice the legitimate interests of the database manufacturer.
The changes come into force on October 1, 2014, with the exception of the provisions of clause 1, which apply to license agreements, proposals for the conclusion of which are made after 10/01/2014.