ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 8, 2019 No. 745

About approval of Rules of placement of statements of owners for provision to any persons of opportunity to gratuitously use works of science, literature, art or objects of the related rights on the conditions determined by the owner and during the term specified to them

According to Item 5 of Article 1233 of the Civil code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Rules of placement of statements of owners about provision to any persons of opportunity to gratuitously use works of science, literature, art or objects of the related rights on the conditions determined by the owner and during the term specified to them.

2. Determine the Ministry of Culture of the Russian Federation the federal executive body responsible for placement of the statements specified in Item 1 of this resolution.

3. Realization of the powers provided by this resolution is performed by the Ministry of Culture of the Russian Federation within the number of his workers, and also budgetary appropriations provided to the Ministry in the federal budget for the corresponding year and planning period on management and management in the sphere of the established functions established by the Government of the Russian Federation.

Approved by the Order of the Government of the Russian Federation of June 8, 2019 No. 745

Rules of placement of statements of owners about provision to any persons of opportunity to gratuitously use works of science, literature, art or objects of the related rights on the conditions determined by the owner and during the term specified to them

1. These rules determine procedure and conditions of placement of statements of owners for provision to any persons of opportunity to gratuitously use works of science, literature, art or objects of the related rights on the conditions determined by the owner and during the term specified to them (further - statements) on the official site of the Ministry of Culture of the Russian Federation on the Internet (further respectively - the website of authorized body, authorized body, Internet network).

2. The statement and documents attached to it are processed according to the requirements to formats of statements and other documents submitted in the form of the electronic documents necessary for provision of the state services, approved by authorized body according to the order of the Government of the Russian Federation of July 7, 2011 No. 553 "About procedure for registration and submission of the statements and other documents necessary for provision of the state and (or) municipal services in the form of electronic documents". The procedure for submission to authorized body of the specified statements and documents is established by authorized body.

3. The statement shall contain the following data:

a) for the applicant - physical person - surname, name, middle name (in the presence), pseudonym (in the presence), and also the insurance number of the individual ledger account and (or) identification taxpayer number (in case of their availability);

for the applicant - the legal entity - full name, identification taxpayer number, the primary state registration number and the address within the location of the legal entity;

b) the name of the work of science, literature, art or object of the related rights (further - object of the author's or related rights) and its type (the literary work, the piece of music, the audiovisual work, the work of the fine arts, execution, soundtrack, other types of works and objects of the related rights). Other data on object of the author's or related rights, including the information about the author, the contractor, the manufacturer, the publisher, date of creation, date and method of promulgation can be in addition specified;

c) specifying on availability at the applicant of exclusive rights on object of the author's or related rights, and also the basis of emergence of such rights;

d) specifying on method, the territory, term and other conditions on which the applicant gives opportunity of non-paid use of object of the author's or related rights;

e) specifying on lack of the existing license agreement on which the exclusive license on use of object of the author's or related rights in the limits set by the subitem "g" of this Item is provided;

e) data that the applicant knows about consequence in law of placement of the statement, including for cancellation of the license agreement on which the applicant provides the paid non-exclusive license on use of object of the author's or related rights in the limits set by the subitem "g" of this Item, and on obligation to pay the damages caused to the licensee and also about the right of persons whose exclusive right is violated by illegal placement of the statement, to require application to the violator of measures of protection of exclusive right.

4. Are enclosed to the application:

a) for the applicant - physical person - the passport copy or other identity document in accordance with the legislation of the Russian Federation, data on methods of communication with the applicant (phone number, the e-mail address), and also consent to processing of its personal data in the form established by authorized body;

b) copy of object of the author's or related rights electronically or data on the permanent unique Internet address according to which easy daily and round-the-clock access to such copy is provided.

5. Responsibility for reliability of the data specified in subitems "an" - "in" and "d" Item 3, the subitem "b" of item 4 of these rules, and also the data containing in the documents specified in the subitem "an" of item 4 of these rules the applicant bears. Submission of incomplete and (or) obviously false information by the applicant is the basis for refusal in placement of the statement according to these rules.

6. For the purpose of acceptance by authors or other owners of measures of protection of exclusive right according to the subitem 2 of Item 1 of Article 1252 of the Civil code of the Russian Federation on the website of authorized body the notice on the statement which arrived for consideration is published (further - the notice).

The notice is published within 7 working days from the date of receipt of the statement in authorized body and contains information specified in subitems "b" and "g" of Item 3 of these rules and also copy of object of the author's or related rights electronically or data on the permanent unique Internet address to which easy daily and round-the-clock access to such copy, specified in the subitem "b" of item 4 of these rules is provided.

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