According to Subpoint 11, Point 2 of Article 1270 of the Russian Civil Code, "the dissemination of an original work to the public in such a manner that any individual can receive access to the original work from anywhere and at any time of their choosing (dissemination to the public)" constitutes use of an original work. The use of an original work without the copyright owner's permission, regardless of whether or not the action is taken for the purpose of profit, is an infringement of the exclusive right to that original work.
The museum is the exclusive owner of the rights to all the images of interiors and premises, works of art, photographs, documents, and other items from the museum collection, as well as all the images and textual information (the results of intellectual activity and means of individualization), audio materials, video materials, and multimedia materials displayed on the museum's official websites.
According to Point 1 of Article 1229 of the Russian Civil Code, "the copyright holder can authorize or prohibit other individuals from using the result of intellectual activity or means of individualization at his or her discretion. The absence of prohibition is not considered to be consent (permission). Other individuals cannot use the corresponding result of intellectual activity or means of individualization without the copyright owner's consent."
The use of materials displayed on the museum's websites is authorized exclusively for non-commercial purposes, in the following cases, and on the following terms:
1 - Individual use of all materials for personal educational, cultural, and scientific purposes, for homework with children, or for other education-oriented activities within the family.
2 - The use of textual information (the results of intellectual activity and means of individualization) not exceeding 500 symbols, with a clear indication of the author (if it is indicated on the museum's website), of the fact that the textual excerpt belongs to an official museum resource, and with a live hyperlink to the page from which the excerpt was copied, with the full-length URL.
3 - The use of digital images of items from the museum collection and photographs and documents from the museum archive and scientific support funds, sized no more than 800 pixels on the longer side, with a clear indication of the fact that the image belongs to an official museum resource, and with a live hyperlink to the page from which the image was copied, with the full-length URL. Images can be used for educational, cultural, and scientific purposes, for other education-oriented activities, in the form of a demonstration on a screen, shares on social networks and services, illustrations for lectures, reports, and other interactive presentation forms for scientific work.
4 - The use of audio, video, and multimedia materials displayed on the museum's website with the use of embedding from publicly available social services (video channels, presentation services, music players, etc.) in an unlimited amount, with a clear indication of the fact that the images belong to an official museum resource, and using publicly available embed codes provided by those public services, which contain a live hyperlink to the source material, with the full-length URL.
5 - The use of all materials in print and electronic publications, television programs, and radio mass media in cases when the publication, program, or radio broadcast is aimed at the targeted dissemination of information about the museum, its activities and events, employees, and projects.
An individual who wishes to use any images of interiors and premises, works of art from the museum collection, texts by the museum staff, audio materials, video materials, and multimedia materials for commercial purposes, for print publications, or for any other purpose beside the purposes indicated above, must submit a written request and receive prior written permission from the museum.
Permission for commercial use is provided on an individual basis, at the museum administration's discretion in each case on the basis of the interested individual's or organization's official written request (a sample request is attached). The fee to obtain the rights of use is determined on the basis of the type and character of the intended use.
The museum does not guarantee that the use of images and other materials displayed on its official website does not infringe on the rights of third parties that do not belong to the museum and are not affiliated with it.
Approved on 30.12.2014
M. D. Loshak,
Director of the Pushkin State Museum of Fine Arts
To learn more about international and Russian law on exclusive rights and intellectual property for museums, we refer you to the following laws:
Constitution of the Russian Federation;
Berne Convention for the Protection of Literary and Artistic Works (Berne, 09.09.1886);
Universal Copyright Convention (Geneva, 06.09.1952);
Paris Convention for the Protection of Industrial Property (Paris, 20.03.1883);
Federal Law #54-FZ of the Russian Federation "On the Museum Fund of the Russian Federation and Museums in the Russian Federation," dated 26.05.1996;
"Basic Legislative Principles of the Russian Federation on Culture" (approved by the Russian Supreme Soviet 09.10.1992, #3612-1);
Part 4 of the Civil Code of the Russian Federation;
Criminal Code of the Russian Federation.
In civil proceedings in accordance with Part 3 of Article 1252 and Article 1301 of the Russian Civil Code, the copyright owner may claim damages or compensation of between 10,000 and 5 million rubles (the final amount is set by the court), or double the value of the copies of the original work, or double the value of the right to use the original work, which is determined based on the price usually charged for the lawful use of the original work in comparable circumstances.
Furthermore, Part 1 of Article 7.12 of the Code of Administrative Offenses envisages a fine of between 1,500 and 2,000 rubles, as well as the confiscation of the counterfeit copies of the original work and phonograms, the materials and equipment used to reproduce them, and other instruments used to commit the administrative offense, for the illegal use of works of art for the purpose of generating income.
If the damage from the illegal use of original works exceeds 100,000 rubles, the law envisages criminal liability for the illegal use of original works (Article 146 of the Russian Criminal Code).