Article 1244.2 Administration of exclusive rights over copyrights and related rights, the authors or other rights holders of which are presumed to be unknown

1. The author or other right holder of an object of copyright or related rights is presumed to be unknown unless his name or name has been established or his name or name has been established but no information has been provided. 20) or the address of a legal person (art. 54, para. 3), which allows the right holder to be sent in accordance with art. 165.1 of the present Code 2. A person claiming the use of an object, the author or other right holder of whom It is presumed to be unknown and is entitled to take appropriate measures to establish the author or other right holder and (or) the place of residence or whereabouts of the author (hereinafter referred to as " search " ). in cases established by this Code (arts. 1280.1 to 1306.1) to an accredited organization (art. 1244, para. 1, subpara. 7) A statement by a person claiming to use a copyright or related rights object must contain: (1) information on the object of the copyright or related rights; (2) inc Formation of measures taken by the applicant to locate the author or other right holder; (3) information on the duration, territory, modalities and other conditions of the alleged use of the copyright or the run-off 3. Measures to search for the author or other right holder should include: (1) recourse to open sources of information corresponding to this category of copyright or related objects. (2) recourse to a collective organization or use of publicly accessible information systems of such organizations (art. 1243, para. 5); (3) use of search engines 4. The Federal Executive Authority, which administers legal and regulatory regulations in the field of copyright and related law Rabbi sets out the requirements for the composition of the information contained in the application of the person claiming to use the copyright or related rights, the list of measures to search for the author or other legal capacity. Attel, list of publicly available information systems containing information on copyright and related rights objects and rights, list of other sources to be used. 5. An accredited organization shall, within fifteen years, be established by an accredited organization. On the working days from the date of receipt of the application of the applicant for the use of the copyright or related rights, the applicant shall verify: (1) the completeness of the information contained in the application; (2) the relevance of the claim; I am an object of copyright or neighbouring rights and the intended use of its content in articles 1280.1.1306.1 of this Code; (3) the correct designation of the object of copyright or laughter. (c) The absence of a public declaration to grant an indefinite number of persons the possibility to use the copyright facility free of charge; or related rights (art. 1233, para. 5) or an open licence to use it (art. 1286.1); 5) the possibility of establishing the name of the author or other right holder, as well as his or her and, in the case where the information is established, the possibility of identifying the information that makes it possible for the right holder, including through its representative, to be provided with a legally relevant information. 6. On the basis of the inspection, the accredited organization shall decide whether or not the object of the copyright or related rights may be used in accordance with articles 1280.1.1306.1. When a decision is taken, the accredited organization is required to place a notice of the search for the author or other right holder of its own right. The procedure for an accredited organization to decide whether copyright or related rights may or may not be used in accordance with the article and 1280.1.1306.1 of the present Code, as well as the information contained in the notice of the search for the author or other right holder, shall be determined by the Federal Executive Authority, which shall carry out the following activities: 7. If, within ninety working days from the date of the announcement of the author ' s or other right holder ' s search :: On the official Internet website of the accredited organization, the author or other right holder will not be identified and (or) information that allows the right holder to be sent will not be established a legally relevant communication, accredited organization: (1) calculates the amount of remuneration due to the author or other right holder for the use of the copyright or related object. a/ In accordance with the rules of calculation and rates established by the Government of the Russian Federation and, if there are several rights holders, the share of the remuneration due to it; 2. Information on the object of copyright or related rights, as well as information on measures taken to locate the author or other right 8. A person claiming the use of an object of copyright or related rights (arts. 1280.1 to 1306.1), who was entered into a single register and a publicly accessible information system, sent information on the subject to the public. a statement to an accredited organization which must contain: (1) information on the object of the copyright or related rights; (2) information on the date, territory, modalities and other conditions of the alleged right; 9. The procedure for making the declaration referred to in paragraph 8 of this article is outdated. 10. An accredited organization shall, within fifteen working days from the date of receipt of the application referred to in paragraph 8 of this article: (1) perform the inspection. The completeness of the information contained in the application; (2) the verification of the existence of grounds for the use of the copyright or related rights in accordance with articles 1280.1 to 1306.1 of the present Code; (3) Decide whether the object of the copyright or related rights may or may not be used in accordance with articles 1280.1 to 1306.1 of the present Code and notify the applicant of the decision taken. (4) calculate the amount of remuneration due to the author or other right holder for the use of the object of copyright or related rights in accordance with the rules of calculation and rates, 11. In taking a positive decision on the outcome of the examination of the application, the person referred to in paragraph 2 or 8 of this article, the accredited organization shall invite such person to enter into a contract for the granting of a non-exclusive licence, specifying the period, territory, means of use Establishment of an object of copyright or related rights, remuneration and other conditions for the use of the object of copyright or related rights, including the amount of funds which, in accordance with sub-sacadece, are seconded Article 1243, paragraph 4, of the present Code shall be retained to cover the expenses of an accredited organization and the funds which shall be sent to the special funds established by that organization. The terms and conditions of the contract for the granting of a non-exclusive licence are determined by the court. is paid by the licensee from the time of payment of the remuneration provided for in the licence contract (in cases where the facility has been used for more than one month, from the time of payment of each regular payment in The licensee is required to transfer to the accredited organization (art. 1243.1) a nominal fee for the use of the object of copyright or related rights from the the relevant facility, and to transfer to the accredited organization the amount of its expenses and the amounts to be paid to the organization ' s special funds 12. The licensee shall be responsible for the reliability and authenticity of the information submitted to the accredited organization, as well as for the use of the subject matter of the copyright or related rights in fixed l. 13. The accredited organization shall be responsible for the completeness of the verification provided for in paragraphs 5 to 10 of this article and for the timeliness of the placement. The accredited organization is entitled to monitor the observance of the lycées by the author or other right holder and to enter information into a single register and public information system. 14. In the event that an accredited organization, in the course of the verification provided for in paragraph 10 of this article, is in possession of the terms of the licence contract and the protection of the interests of the right holder by the court. it is established that the object of copyright or related rights has been transferred to the public domain, and the remuneration in the nominal account is not claimed by the author or other right holder in t. three years from 1 January following the year of transfer to the public domain, the accredited organization is required to redistribute the proceeds prior to the transfer of the facility to the public domain. the funds for the use of the said facility between the beneficiaries of the nominal account provided for in article 1243.1, paragraph 3, of the present Code, in proportion to the amount at which it is used. In the event that, after entering into a nominal account, remuneration under the licence contract is established to be paid for the use of the money The amount of the remuneration is to be returned to the licensee. 15. If the accredited organization receives information about the author or other right holder, or if the author or other right holder has requested payment of compensation for use of an object of copyright or related rights, accredited organization makes changes relating to the author or other right holder and other necessary corrections to public information The author or other right holder has the right to terminate a licence contract entered into by the author or other right holder. In such a case, the accredited organization must immediately notify the licensee of the age of the grant, on the basis of a written notification to the accredited organization. The contract shall be terminated after 10 working days from the date on which the licensee receives notification from the accredited org. 16. The author or other right holder is entitled to claim compensation for damages caused by wrongful acts or omissions of an accredited organization and (or) a licensee, including: Be bound by the failure to take appropriate measures to search for the author or other right holder or to establish information enabling a legally meaningful communication to be sent to the right holder, and to apply to the offender other measures of protection of the exclusive right in accordance with article 1252 of the present Code.