The government supported the bill to regulate orphan content

The Government Commission on Legislative Activities supported amendments regulating the use of music, photographs or books whose author or copyright holder is unknown or not contacted. The review was considered and approved by the commission at a meeting today, January 22, writes RBC with a link to a copy of the document.

In July 2023, senators Valentina Matvienko, Liliya Gumerova, Andrei Klishas and deputy Pavel Krasheninnikov contributed a bill has been submitted to the State Duma that provides for the issuance of licenses for the use of “orphan” works through an authorized organization. They proposed to charge royalties to a nominal account from which the author of the work can write off funds.

The government commission supported the bill, but proposed some changes. Among them is to clarify the clause that implies classifying a work as an “orphan” if the whereabouts of the author are known, but he does not get in touch. In addition, the review states the need to establish a period of legal protection for “orphan” works.

Also, the legal commission considers it necessary to finalize the operating procedure of the nominal account into which royalties will be credited to authors. In particular, the commission proposes opening such an account only in Russian credit institutions, which will record incoming finances on a reimbursable basis.

According to the bill, the authorized organization for managing rights on a collective basis will check whether the copyright holder of the work is really unknown or does not contact him if the applicant has contacted him. Following this, an advertisement for the search for an author will be posted on the Internet. After 30 working days, the work will be entered into a special register.

National Federation of the Music Industry recommended use the proposed measure only in relation to Russian intellectual property, and even license it only for non-commercial purposes. “Media Communication Union” (unites Channel One, Rostelecom, MTS, Tricolor, VGTRK, Gazprom Media) called do not recognize multimedia products, theatrical productions and various collections as “orphans”.

Read more about criticism of the bill in the Kommersant FM article. “”Orphan” content required clarification”.

Lusine Balasyan