In Russia, the licensing rights for author rights, including those for Soviet-era documentaries and black-and-white footage, are governed by the Russian Civil Code (Part IV, “Intellectual Rights”). For those interested in copyright and licensing for Soviet-era footage and documentaries, here’s a breakdown of the key points relevant to your question:
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1. Copyright Duration
- Under Russian law, copyright generally lasts for the life of the author plus 70 years after their death (Article 1281 of the Civil Code).
- For works created during the Soviet era, the copyright term may vary. It depends on when the work was published. It also depends on whether it was created by an individual or as a work for hire (e.g., by a state-owned entity). Understanding copyright and licensing for Soviet-era footage and documentaries is important here.
Licensing rights for author rights, including those for Soviet-era documentaries.
2. Works of the Soviet Era
- Many Soviet-era works, including documentaries and footage, were created by state-owned studios or under state contracts. In such cases, the state was the copyright holder. When discussing copyright and licensing for Soviet-era footage and documentaries, it’s important to understand the state’s role.
- After the dissolution of the USSR, the rights to these works were transferred to the Russian Federation or other successor states. This depends on the specific circumstances.
- If the footage was created by an individual (e.g., a filmmaker or photographer), the copyright would belong to that individual (or their heirs). This remains for 70 years after their death.
3. Public Domain
- If the copyright term has expired (e.g., the author died more than 70 years ago), the work enters the public domain. It can then be used freely without licensing. Recognizing this is part of understanding copyright and licensing for Soviet-era footage and documentaries.
- For Soviet state-owned works, if the copyright term has expired or the work was never copyrighted, it may also be in the public domain. This often comes up regarding copyright and licensing for Soviet-era footage and documentaries.
4. State-Owned Works
- For works where the Russian Federation is the copyright holder (e.g., state-commissioned documentaries or footage), you may need to obtain permission. This would be from the relevant government body or archive (e.g., the Russian State Film and Photo Archive).
- Licensing fees and terms may apply, depending on the intended use (commercial vs. non-commercial).
6. Practical Steps TVDATA team takes:
- Identify the copyright holder: Determine whether the footage was created by an individual or a state entity.
- Check the copyright status: Verify if the work is still under copyright or in the public domain.
- Obtain a license: If the work is still under copyright, contact the rights holder (e.g., a government archive or the author’s heirs) to negotiate a license.
- Comply with Russian law: Ensure that your use of the footage complies with Russian intellectual property laws.
7. International Use
- If you plan to use the footage outside Russia, you may also need to comply with the copyright laws of the country where the footage will be used. Some countries have different rules for public domain works or state-owned materials.
Example: Atomic Test Footage (1949)
- If the footage was created by a Soviet state entity, it is likely owned by the Russian government. You would need to contact the relevant archive or government body to obtain a license for the copyright and licensing of Soviet-era footage and documentaries.
- If the footage was created by an individual and the author died before 1953, it would now be in the public domain in Russia and many other countries.
Licensing Rights for Soviet-Era Footage
For specific cases, it is advisable to consult a legal expert in Russian intellectual property law. Alternatively, contact the relevant archives (e.g., the Russian State Film and Photo Archive) for clarification. Understanding copyright and licensing for Soviet-era footage and documentaries is crucial for legal compliance.
