In what cases the content can be used without the permission of the author

If a director wants to make a film based on a sensational book, the permission of the owner of the exclusive copyright is needed. If someone's song is asked to be on the soundtrack of the film, you will have to get the consent of its creator. But the fruits of someone else's creative work can be used without permission and free of charge. Here's how to do it legally.

Copying for personal use

CanCivil Code of the Russian Federation, article 1273 "Free reproduction of a work for personal purposes" without the permission of the authors, copy books and magazine articles, download movies and music from official sites to your phone or computer for personal use. You can perform someone else's song in your room, copy a recipe for charlotte from a cookbook into a notebook and make a pie for breakfast, download a movie to a USB flash drive to watch it in the country.

But you may not sell such a copy or otherwise profit from it. If the Hollywood bestseller you downloaded hits the market stall, it will punishableCivil Code of the Russian Federation, article 1301 "Responsibility for violation of the exclusive right to a work".

Use for informational, scientific, educational or cultural purposes

You can quote other people's works for scientific, polemical, critical, informational, educational purposes freeCivil Code of the Russian Federation, article 1274 "Free use of a work for informational, scientific, educational or cultural purposes". In this case, it is necessary to indicate the name of the author and the source of borrowing the material.

A quote as an example of someone else's opinion can be a fragment, but not the basis of your text: if you decide to insert three sheets from someone else's work into a term paper or dissertation, then the norm will not apply.

But newspapers and magazines allowedCivil Code of the Russian Federation, article 1274 "Free use of a work for informational, scientific, educational or cultural purposes" fully reproduce speeches, reports, addresses, speeches and articles on economic, political, social and religious issues in order to promptly inform the public about current events.

AllowedCivil Code of the Russian Federation, article 1274 "Free use of a work for informational, scientific, educational or cultural purposes" use other people's works and to create parodies and caricatures. So, when blogger Evgeny Bazhenov, aka BadComedian, portrays movie characters and serialsBy placing them in a context other than the script, he is perfectly legal as long as he parodies the original object.

In addition, educational, medical, correctional, and social service organizations may freeCivil Code of the Russian Federation, article 1274 "Free use of a work for informational, scientific, educational or cultural purposes" perform other people's works in their territory.

That is, first-graders in a music lesson have the right to sing “They Learn at School” in chorus without deducting royalties to the relatives of Vladimir Shainsky. Orphanage teachers can read Harry Potter aloud to children without notifying JK Rowling, but prisoners of the colony - to stage a performance based on the book by Sergei Dovlatov, without asking permission from him heirs.

Use by libraries, archives, educational and other organizations

For libraries and archives fixedCivil Code of the Russian Federation, article 1275 "Free use of the work by libraries, archives and educational organizations" the right to lend to visitors the originals or copies of the works stored there. At the same time, access to an electronic copy is possible only on the premises of the institution and provided that the author's material is not copied.

Schools, universities and other educational organizations may make copies of copyrighted works and provide them to students and teachers for exams, classroom lessons and self-study work.

Use of objects located in public spaces

Can freeCivil Code of the Russian Federation, article 1276 "Free use of a work permanently located in a place open to the public" create and use images of sculptures, works of architecture, urban planning, fine and landscape art in places open to visitors, regardless of whether paid entry or not.

An artist can paint a picture with a statue, a cameraman can make a report about an exhibition, and photographer ― capture a new architectural object without the permission of the copyright holders. However, the work must not be the main subject of the image, and the use cannot be for commercial purposes.

Performing music at official ceremonies

No needCivil Code of the Russian Federation, article 1277 "Free public performance of a legally published musical work" permission of authors to perform their music or songs during official or religious ceremonies or funerals. The official ceremonies also include the presentation of awards - for example, to winners of a state award or winners of the Olympic Games.

But this is the rule does not applyCivil Code of the Russian Federation, article 1277 "Free public performance of a legally published musical work" for non-governmental events. That is, the performance of a song at the Oscar ceremony or the Russian Golden Eagle film award requires the permission of its authors, who are also entitled to a reward for this.

Use of Materials for Law Enforcement Purposes

Law allowsCivil Code of the Russian Federation, article 1278 "Free reproduction of a work for the purposes of law enforcement" copy, listen to, demonstrate, perform, as well as translate any works, if it is required in the process of inquiry, investigation, investigation of administrative offenses or judicial production.

When considering a dispute about authorship, the judge has the right to read the text aloud or, for example, appoint an examination, during which the expert will be able to work with the author's object without the permission of the copyright holder.

Use of software and databases

Databases and software solutions can be useCivil Code of the Russian Federation, article 1280 "The right of the user of the computer program and database" on a computer, laptop, phone and other devices, if the user has acquired a copy of the software legally. For example, if he downloaded "Angry birds" in the official application on his phone, he can play anywhere, anytime and as much as he wants.

The user agreement, which gives access to the free use of the software, is built into the application, and you can start benefiting from the program after clicking the checkbox "I accept the terms agreements."