Government Approves Bill Regulating Orphan Works
The Russian Government Commission on Legislative Activities has approved amendments to the Civil Code of the Russian Federation aimed at regulating the use of musical compositions, photographs, or books whose author or copyright holder is unknown or cannot be contacted. These are commonly referred to as “orphan works.”
According to RBC, which reviewed a copy of the document, the government confirmed that the initiative was approved at a commission meeting held on January 22, 2024.
In July 2023, senators Valentina Matvienko, Lilia Gumerova, and Andrey Klishas, along with State Duma deputy Pavel Krasheninnikov, submitted amendments to the State Duma proposing the introduction of licensing for the use of such content through an authorized organization.
Under the proposed bill, the use of orphan works would require payment of a fee through a nominal account. If the author or rights holder comes forward, these funds can be transferred to them.
The bill passed its first reading on December 6, 2023. The mechanisms proposed in the bill have raised concerns among media industry representatives. They noted that the current wording, especially if extended to film, could allow content from departed Western rights holders—such as Disney movies—to be classified as “orphan works.” Industry representatives also felt that the process for searching for an author was not sufficiently rigorous.
The government commission has suggested making changes to the document before the second reading. The government believes it is necessary to clarify the bill’s provisions regarding the classification of works as “orphan” if the rights holder’s location is known but they do not respond to inquiries.
The current version of the document allows content to be recognized as ownerless if the author ignores requests. It is also recommended to clarify the procedures for the nominal account where payments for the use of orphan works will be deposited, in case the rights holder is eventually found.