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 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.
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.