RUR is a Russian collective management organization for authors, performers and producers of phonograms and audiovisual works. RUR is entitled to collect blank tape levy for private copying of phonograms and audiovisual works.
According to the Russian legislation, all citizens have the right for free reproduction (without author’s, performer’s or other rights holder’s consent, and without paying any remuneration to them) of phonograms or audiovisual works (copying from one recordable media to another) for personal purposes only.
As the blank tape levy doesn’t depend directly on the use of copyright or neighboring right objects, it has compensatory nature. It is a compensation paid to rights holders for private copying of phonograms and audiovisual works from one recordable media to another.
RUR collects this levy, distributes it and makes payments to rights holders.
The right of authors, performers and phonogram and audiovisual producers to remuneration for free private copying of phonograms and audiovisual works, and rules for blank tape levy collection and payment were introduced by Article 1245 of the Russian Civil Code.
The state accreditation for CMOs, which protect the rights of performers, phonogram and audiovisual producers and collect private copying levy, was introduced Clause 4, Article 1244 of the Russian Civil Code.
Royalty rates and rules for blank tape levy payment by recordable media manufacturers and importers shall be set by the relevant Decree of the Russian Government.
In accordance with Article 1245 of the Russian Federation Civil Code, the right to remuneration for free reproduction of phonograms and audiovisual works belongs to authors, performers and manufacturers of phonograms and audiovisual works.
Composers and a lyricists are regarded as authors of phonograms. Filmmakers (directors), scriptwriters and composers of musicals works (with or without lyrics), which were created for a particular audiovisual work, are regarded as authors of the audiovisual work.
With regard to phonograms and audiovisual works, the following performers have the right for blank tape levy: performing artists (actors, singers, musicians, dancers or any other person who plays part, reads or declares, sings, plays any musical instrument or takes any other part in performing the work of literature, art or folk art, including entertainment, circus or puppet shows or acts), directors of theatre plays (people who stage dramatic, circus, puppet, variety or any other theatrical productions) and orchestra conductors.
A phonogram producer is a person who bares initiative and responsibility for the first audio recording of performance. An audiovisual work producer is a person who promotes creation of the audiovisual work.
Rather often recording studios, production centers and music publishers act as phonogram producers. In a similar way, film companies and motion-picture studios often act as audiovisual producers. Herewith, record labels and film companies as a rule acquire exclusive copyright and neighboring rights for these works. They sign exclusive agreements with authors and performers and become rights holders. In this case they also receive the right for private copying levy.
In accordance with Russian legislation, heirs of authors, performers, phonogram and audiovisual producers also become rights holders and are granted with the right for private copying levy.
Private copying levy is distributed among rights holders in the following proportion: 40 % goes to authors, 30 % – to performing artists, 30 % – to phonogram and audiovisual producers. Royalty distribution among particular authors, performing artists and producers is effected pro rata to actual use of phonograms or audiovisual works, i.e. it is based on statistics.
Undoubtedly, it’s impossible to calculate the number of recordings of each particular works for private purposes. However, some average figures are easy to trace. We know which phonograms and audiovisual works are used more often. We also know the balance between usage rates. This information is available from users’ reports, which they forward to collective management organizations. Other statistical data is also available. These distribution principles are set by Clause 4, Article 1243 and Clause 3, Article 1245 of the Russian Civil Code.
An Agreement allows RUR to update the registry of phonograms and audiovisual works, and to identify rights holders properly. Besides, a Rights Holder Agreement allows to accelerate the process of remuneration payment.
Neither RAO, nor VOIS collect private copying levy. The above societies are accredited by the State in other spheres of collective management of rights. That’s why an Agreement with RUR in no case contradicts your Agreements with RAO and VOIS.