About 1% fee on equipment and discs. Thinking out loud
Not referring to copyrights and risking karma, I would like to speak out about the wave of indignation about the deduction of the fee for free reproduction for personal purposes in general and about the RSP with Mikhalkov in particular.
The first one. The rules regarding remuneration for free reproduction appeared in the Civil Code at the end of 2006, it also says about accredited organizations, distribution percentages, etc. That is, it was necessary to be indignant then not by the actions of Mikhalkov, but by the actions of the authorities.
The second one. I suggest, all the same, to understand the subject of indignation, and for this to look at part 4 of the Civil Code of the Russian Federation. The text can be found here.. The whole fuss is due to the fact that the state finally got its hands on what it should have done a long time ago, namely, to identify an accredited organization that collects money for the free reproduction of works for personal purposes. (Article 1245 of the Civil Code of the Russian Federation). And this state chose Mikhalkov unloved by many.
What is reproduction for personal purposes is set forth in Article 1273 of the Civil Code of the Russian Federation. In short, it is permitted, without the consent of the author or other copyright holder and without paying a fee, to reproduce, if necessary and solely for personal purposes, a legally published work, with the exception of: databases, computer programs, screens and amateur recordings of concerts of performers, books and notes, as well as a mysterious point about the fact that it is impossible to reproduce works of architecture in the form of buildings and similar structures.
2. In the case when the reproduction of phonograms and audiovisual works is carried out exclusively for personal purposes, authors, performers, manufacturers of phonograms and audiovisual works have the right to remuneration provided for in Article 1245 of this Code.
Now let's see what a lawfully published work is:
Article 1268. The right to publish a work
1. The author has the right to publish his work, that is, the right to take action or give consent to carry out an action that first makes the work publicly available by publishing it, public display, public performance, broadcast or cable or any other means.
At the same time, publication (publication) is the issuance of copies of a work, which are a copy of the work in any material form, in an amount sufficient to meet the reasonable needs of the public based on the nature of the work.
Based on the definition of “Playback” in paragraph 1 of paragraph 2 of Article 1270, we can draw the following conclusion (correct me lawyers):
By paying 1% for equipment or media, you get the opportunity to copy movies, music and other audiovisual works that have been lawfully published (screens and amateur recordings of Elton John's concerts cannot be copied). Those. you can either legitimately copy a licensed movie disc for yourself, which a friend lent to you (comrade, this didn’t do well from the point of view of copywriters, but you’ve got a bribe from you), and download the image of this disc from torrents.
Therefore, the comment habrahabr.ru/blogs/copyright/110440/#comment_3513747 in vain zamusnovali. In essence, the comrade is right, the only thing that sharing his enthusiasm or not is everyone's business.
Now, with regard to the 1% fee itself, the fact that the RSP sent letters of happiness to the manufacturers and that Mikhalkov will claim 1% of the cost of ship-ships, because there is something to play music on there.
Cell phones, DVD players, etc. are specified in the Decision as a product, 1% of which is paid to an accredited organization, it would be strange to think that an accredited organization will be limited to flash drives and discs.
The full list of equipment and carriers from which the fee is charged is exhaustively given in the Decree of the Government of the Russian Federation of October 14, 2010 N 829.Decree of the Government of the Russian Federation of October 14, 2010 N 829. There are no ships and aircraft, as well as cars and refrigerators. It is clear that the power of insanity in our country knows no boundaries, but still you do not need to assure ahead of time. And then you can already start shouting that you have introduced the right of the first night and the air tax. So what, that has not yet been introduced - maybe after all! Therefore, you need to shout and get nervous in advance.
Yes, by the way, it can be seen from the appendix to the Resolution that it is useless to disassemble laptops at the border in order to import a separate HDD and laptop, because even laptops without HDDs are collected.
Questions remain open as to why the fee is set at 1% and not at 0.5% or not at 2%, as well as about the transparency of the competition for choosing an accredited organization.
The first one. The rules regarding remuneration for free reproduction appeared in the Civil Code at the end of 2006, it also says about accredited organizations, distribution percentages, etc. That is, it was necessary to be indignant then not by the actions of Mikhalkov, but by the actions of the authorities.
The second one. I suggest, all the same, to understand the subject of indignation, and for this to look at part 4 of the Civil Code of the Russian Federation. The text can be found here.. The whole fuss is due to the fact that the state finally got its hands on what it should have done a long time ago, namely, to identify an accredited organization that collects money for the free reproduction of works for personal purposes. (Article 1245 of the Civil Code of the Russian Federation). And this state chose Mikhalkov unloved by many.
What is reproduction for personal purposes is set forth in Article 1273 of the Civil Code of the Russian Federation. In short, it is permitted, without the consent of the author or other copyright holder and without paying a fee, to reproduce, if necessary and solely for personal purposes, a legally published work, with the exception of: databases, computer programs, screens and amateur recordings of concerts of performers, books and notes, as well as a mysterious point about the fact that it is impossible to reproduce works of architecture in the form of buildings and similar structures.
2. In the case when the reproduction of phonograms and audiovisual works is carried out exclusively for personal purposes, authors, performers, manufacturers of phonograms and audiovisual works have the right to remuneration provided for in Article 1245 of this Code.
Now let's see what a lawfully published work is:
Article 1268. The right to publish a work
1. The author has the right to publish his work, that is, the right to take action or give consent to carry out an action that first makes the work publicly available by publishing it, public display, public performance, broadcast or cable or any other means.
At the same time, publication (publication) is the issuance of copies of a work, which are a copy of the work in any material form, in an amount sufficient to meet the reasonable needs of the public based on the nature of the work.
Based on the definition of “Playback” in paragraph 1 of paragraph 2 of Article 1270, we can draw the following conclusion (correct me lawyers):
By paying 1% for equipment or media, you get the opportunity to copy movies, music and other audiovisual works that have been lawfully published (screens and amateur recordings of Elton John's concerts cannot be copied). Those. you can either legitimately copy a licensed movie disc for yourself, which a friend lent to you (comrade, this didn’t do well from the point of view of copywriters, but you’ve got a bribe from you), and download the image of this disc from torrents.
Therefore, the comment habrahabr.ru/blogs/copyright/110440/#comment_3513747 in vain zamusnovali. In essence, the comrade is right, the only thing that sharing his enthusiasm or not is everyone's business.
Now, with regard to the 1% fee itself, the fact that the RSP sent letters of happiness to the manufacturers and that Mikhalkov will claim 1% of the cost of ship-ships, because there is something to play music on there.
Cell phones, DVD players, etc. are specified in the Decision as a product, 1% of which is paid to an accredited organization, it would be strange to think that an accredited organization will be limited to flash drives and discs.
The full list of equipment and carriers from which the fee is charged is exhaustively given in the Decree of the Government of the Russian Federation of October 14, 2010 N 829.Decree of the Government of the Russian Federation of October 14, 2010 N 829. There are no ships and aircraft, as well as cars and refrigerators. It is clear that the power of insanity in our country knows no boundaries, but still you do not need to assure ahead of time. And then you can already start shouting that you have introduced the right of the first night and the air tax. So what, that has not yet been introduced - maybe after all! Therefore, you need to shout and get nervous in advance.
Yes, by the way, it can be seen from the appendix to the Resolution that it is useless to disassemble laptops at the border in order to import a separate HDD and laptop, because even laptops without HDDs are collected.
Questions remain open as to why the fee is set at 1% and not at 0.5% or not at 2%, as well as about the transparency of the competition for choosing an accredited organization.