共享资源:各地著作权法规/俄罗斯

This page is a translated version of a page Commons:Copyright rules by territory/Russia and the translation is 47% complete. Changes to the translation template, respectively the source language can be submitted through Commons:Copyright rules by territory/Russia and have to be approved by a translation administrator.
Outdated translations are marked like this.
Other languages:
Deutsch • ‎English • ‎Esperanto • ‎asturianu • ‎español • ‎français • ‎galego • ‎norsk bokmål • ‎occitan • ‎polski • ‎slovenščina • ‎suomi • ‎македонски • ‎русский • ‎українська • ‎中文

This page provides an overview of copyright rules of the Russian Federation relevant to uploading works into Wikimedia Commons. Note that any work originating in Russia must be in the public domain, or available under a free license, in both the Russian Federation and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Russia, refer to the relevant laws for clarification.

管辖法律

俄罗斯联邦于1995年3月13日参与伯尔尼公约,于2009年2月5日参与WIPO版权条约,以及于2012年8月22日参与世界贸易组织[1]

Copyrights of works created in Russia was based on the Russian copyright law of 1993 and its amendments of 1995 and 2004.[2] Since January 1, 2008, intellectual property rights are regulated by Part IV of the Civil Code and the Implementation act for Part IV of the Civil Code.[3][4] This new law replaced all previous IP laws in Russia. The same law applies to the works from the former Russian Soviet Federative Socialist Republic of the Soviet Union, since Russia is recognized as one of the twelve (12) legal successors of the USSR (as a federation of republics). Copyrights of works originating from other former Soviet republics may be claimed by the corresponding post-Soviet states too.

持续时间

According to article 1256 of Book IV of the Civil Code of the Russian Federation No. 230-FZ of December 18, 2006, a work is in the public domain in Russia if it was published on territory of the Russian Empire (Russian Republic) except for territories of the Grand Duchy of Finland and Congress Poland before 7 November 1917 and was not re-published for 30 days following initial publications on the territory of Soviet Russia or any other states.

According to article 1281 of Book IV of the Civil Code of the Russian Federation No. 230-FZ of December 18, 2006 and article 6 of Law No. 231-FZ of the Russian Federation of December 18, 2006 (the Implementation Act for Book IV of the Civil Code of the Russian Federation), a work is in the public domain in Russia if:

  • The author died before January 1, 1946.
  • The author died between January 1, 1946 and January 1, 1950, did not work during the Great Patriotic War (Eastern Front of World War II) and did not participate in it.
  • The work was originally published anonymously or under a pseudonym before January 1, 1943 and the name of the author did not become known during 50 years after publication.
  • The work was originally published anonymously or under a pseudonym between January 1, 1943 and January 1, 1950, and the name of the author did not become known during 70 years after publication.
  • The work is non-amateur cinema or television film (or shot, or fragment from it), which was first shown between January 1, 1929 and January 1, 1950.

Works of authors who worked during the Great Patriotic War (World War II) or participated in it are extended for 4 years, so they become public domain 74 years after the author's death. (Part 5 of article 1281 of the Russian civil code}. If the author was subjected to repression and rehabilitated posthumously, countdown of copyright protection is to begin not from the death date, but from the rehabilitation date. If the work was first published posthumously, the copyright term is counted from the date of that first publication, unless the author was later rehabilitated, in which case it runs again from that later rehabilitation date.

There was a discussion whether pre-1973 works from the Soviet Union are copyright-free, originating in the period of uncertainty after the dissolution of the Soviet Union. It was concluded that this theory is incorrect; see discussions in Template talk:PD-Soviet.

版权标签

快捷方式
COM:TAG Russia

参见:共享資源:著作權標籤

公有领域标签

参见:PD Russia license tags

Since January 1, 2008, intellectual property rights are regulated by Russian law 230-FL of 2006: Part IV of the Civil Code, together with the Russian law 231-FL of 2006: Implementation act for Part IV of the Civil Code. This new law replaced all previous IP laws in Russia.

  • 一般而言可使用{{PD-old-70}}/{{PD-old-100}}
  • {{PD-Russia}}对于某些复杂的特例,作者逝世少于70年前的作品属于公有领域。粗略的讲,这些特例之应用于1942年年底前去世的作者。
  • {{PD-RusEmpire}}用于1917年11月7日前在俄罗斯帝国(或俄罗斯共和国)领土(除了芬兰大公馆和波兰国徽)出版,并且首次出版之后30天内没有在苏联俄国再次出版的作品。
  • {{PD-Russia-1996}}——此作品在俄罗斯是公有领域,因为:
    • 作者于1942年1月1日前去世。
    • 作者于1942年1月1日~1946年1月1日间去世,作品并非在伟大的卫国战争(第二次世界大战期间苏德东部战线战争)期间制作,且作者并未参与战争。
    • 作品最初于1943年1月1日前匿名发表,或以笔名出版,且作者姓名在出版后50年间未知。
    • 作品最初于1943年1月1日~1946年1月1日间匿名发表,或以笔名发表,且作者姓名在出版后70年间未知。
    • 作品是非业余电影或电视剧(或其拍摄过程或片段),于1929年1月1日~1946年1月1日间首次放映。
  • {{PD-RU-exempt}}用于俄罗斯联邦的国家象征及官方标志(旗帜、纹章、装饰图案、货币符号及其他国家象征和官方符号)
  • {{PD-Brockhaus&Efron}}——用于出自《Brockhaus and Efron Encyclopedic Dictionary》(1890-1907)的图片

对于首次出版不只限于俄罗斯苏维埃社会主义共和国的作品,只要其也在其他苏联加盟共和国出版,或同时在多个苏联加盟共和国出版,就请参考对应的苏联继承国专页。例如如果一个苏联作品首次出版是在乌克兰苏维埃社会主义共和国的话,请参见共享资源:各地著作权法规/乌克兰:版权标签。(此时也可直接访问{{PD-Ukraine}}。)

共享资源标签

货币

参见:共享资源:货币

 可以 Russian currency is not copyrighted. Monetary items, together with other state symbols, are explicitly excluded from copyright by article 1259(6) of Part IV of the Civil Code of Russia (which covers intellectual property rights). Drafts for such items, however, are copyrighted by their authors. When a public body adopts such a draft and turns it into an official symbol, the resulting official symbol is not copyrighted and may be reproduced without mentioning the original author(s) of the draft. (See article 1264.)

Monetary items were already excluded from copyright in the 1993 legislation, which was in effect until the end of 2007. See article 8 of the 1993 law, as amended in 2004.

请使用{{PD-RU-exempt}}标记俄罗斯货币的图片。

全景自由

参见:共享资源:全景自由

Article 1276 of Part IV of the Civil Code of the Russian Federation states:[5]

  • Free Use of Work Permanently Situated in Places Open for Free Attendance
    1. Reproduction, broadcasting to the air or via cable shall be allowed, without the author's or other copyright holder's consent or payment of royalties, of visual art, or photographic work, that permanently stand in places open for free attendance, except where portrayal of the work by such method is the basic object of that reproduction, or where portrayal of the work is used in commercial purposes.
    2. It shall be allowed to freely use, to reproduce, or to broadcast to the air or via cable works of architecture, of urban development, and works of garden and landscape design, which are situated in places open for free attendance or visible from that places.

The FoP exceptions for works of architecture, urban development, and garden and landscape design, which were added under consultation with Wikimedia Russia, have taken effect with the Civil Code amendments as of October 1, 2014.[6]

Concerning non-architectural artwork, there is still a copyright exception for non-commercial use, but non-commercial use only is not allowed on Commons and unfortunately, we don't have sufficient number of court decisions for clarifying situation. An important court decision states that the copying of a showcase photo is not a creation of a 3D-object in 2 dimensions. See discussion at Commons:Форум/Архив/2010#Судебное решение о фотографиях трёхмерных объектов.

在2008年1月1日前,全景自由受类似(但并不相同)的俄罗斯著作权法第21条管制。[7]

Copyright protection expires 70 years after the death of the original author (who is defined as the creator or designer) here. On January 1st of the following year (ie. January 1 of the 71st Year), freely licensed images of the author's 3D works such as sculptures, or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for states with no formal FOP since the author's works are now copyright free."

目前不清楚克里米亚地区受版权保护的建筑物受俄罗斯还是限制更严格的乌克兰法律管理。基于共享资源预防性原则,显然非自由的克里米亚建筑物的图片不应上传至共享资源。请参见Commons:Village_pump/Copyright/Archive/2014/09#Buildings_in_Crimea。无论如何,1954年2月19日之前在克里米亚境内创作的摄影作品受俄罗斯法律保护。

邮票

参见:Commons:Stamps/Public domain

 使用{{PD-RU-exempt|stamps}}

Pursuant to Article 1259.6 of Part IV of the Civil Code (No. 230-FZ) of the Russian Federation dated 8 December 2006, official symbols and signs (flags, emblems, orders, banknotes, and the like), as well as symbols and signs of municipal formations are not copyrighted. Pursuant to Article 2 of Federal Law No. 176-FZ of the Russian Federation On Postal Service dated July 17, 1999, official signs of postage include "postage stamps and other signs put on mail that give evidence that postage has been paid".

Article 1.1 of Official Postage Signs and Special Postmarks Regulations, put into force on 26 May 1994 by Order 115 of the Ministry of Communication of the Russian Federation, defines the official postage signs concretely and labels postage stamps, souvenir and miniature sheets, stamped envelopes, and postal stationery cards as the postage signs. Even works still under copyright can be used by the Russian post, without altering the copyright status of the work used.[8]

A copyrighted painting can be used on an envelope or such and {{PD-RU-exempt}} will apply, without turning the painting into a Public Domain work. Prerequisite is that the Russian post acquired permission from the copyright-holder. We can safely assume that the Russian post has come to an agreement with the copyright-holder of such work.

图瓦邮票

 使用{{PD-RU-exempt}}

From 1921 to 1944, Tuva constituted a sovereign, independent nation under the name of Tannu Tuva, officially, the Tuvan People's Republic, or the People's Republic of Tannu Tuva. The independence of Tannu Tuva, however, was recognized only by its neighbors: the Soviet Union and Mongolia.[9] Since 1944 Tuva has been part of the Russian Federation.

原创门槛

参见:Commons:Threshold of originality

Automatic camera works

 使用{{PD-RU-exempt-autocam}}

 可以 A photowork or a videowork made by automatic camera (Russian: автоматическая камера, not to be confused with automated camera: автоматизированная камера) is not the subject of copyright, because such work is made by technical tool without creative human activity. The Supreme Court of the Russian Federation, Part 80 of Session Resolution No. 10 of April 23, 2019 on Application of Part IV of the Civil Code of the Russian Federation

Examples

  • Any photowork or videowork made by automatic camera for administrative violation record (for example, by automatic camera for driving offense record[10]). The Supreme Court of the Russian Federation, Part 80 of Session Resolution No. 10 of April 23, 2019 on Application of Part IV of the Civil Code of the Russian Federation

Simple creative works

  不可以 Simple result (consisted of simple geometric shapes and / or text) of creative work (creative human activity) is copyrightable. The Supreme Court of the Russian Federation, Part 80 of Session Resolution No. 10 of April 23, 2019 on Application of Part IV of the Civil Code of the Russian Federation

Examples

  • Simple black square as geometric shape is uncopyrightable as itself. However Black Square by Kazimir Malevich is copyrightable because this painting is the result of creative work in recognized art style - suprematism, and it is in Public Domain because of copyright term expiry, not because of result simplicity.

Logos

  In doubt There is no clear precedent in Russian courts for the threshold of originality for simple logos.

参见

引用

注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明