Art & Law Insights - Global Legal Briefing / Chapter Russia

• Published date: 06 August 2021
• Subject Matter: Intellectual Property, Copyright, Trademark
• Law Firm: Gorodissky & Partners
• Author: Mr Vladimir Biriulin and Natalia Nikolaeva

I. INTRODUCTION

Art may be understood broadly. There are visual arts, such as painting, sculpture, other 3D articles. There are performing arts, music, literature and films. The list is not exhaustive. Other manifestations of human creativity are possible.

Without false modesty, we can say that Russia has a rich cultural heritage and the contribution of Russian artists into the world culture is significant. In particular, we may recall the names of such well-recognized painters of the 19th - 20th centuries as Karl Bryullov, Ivan Kramskoy, Wassily Kandinsky, Marc Chagall, Kazimir Malevich, Konstantin Korovin, Petr Konchalovsky, Natalia Goncharova and others. Their works are exhibited at auctions and many collectors want to buy them. Thus, in June 2020 the painting "The Bay of Naples" by Ivan Aivazovsky was the most expensive artwork sold online through Sotheby's ('2.3 million / $2.8 million).

Russia is a party to the main international conventions and treaties in the field of protection of works of art. Namely, our country is a signatory to the Bern Convention for the Protection of Literary and Artistic Works as well as the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage.

Being a member state of the Commonwealth of Independent States (CIS), Russia has adopted certain regional treaties and agreements including the Agreement of 15.04.1994 "On cooperation of customs services on the detention and return of illegally exported and imported cultural values" and the Agreement of 05.10.2007 on cooperation in the fight against theft of cultural values and ensuring their return.

All kinds of art are protected and regulated by the Civil Code of the Russian Federation. Part IV of the Code is exclusively dedicated to intellectual rights. Chapter 70 of the Civil Code is dedicated to the rights of authors. It sets forth that subject matters of copyright are: Literary works, dramatic and musical works, choreography, music with and without text, audiovisual works, paintings, sculptures, designs and other works, works of architecture including those represented in drawings and pictures, photographic works.

There is also a "Basic Law of the Russian Federation on Culture" which ensures the rights for creativity of people.

Also the Law "On Objects of Cultural Heritage (Historic and Cultural Property) of the Peoples of the Russian Federation" and the Law "On Export and Import of Cultural Values".

Aside from the above laws there are many subordinate acts that concern tangentially the issues of creation, protection and disposal of the works of art and cultural heritage.

II. CONTRACTS

The works/objects of art and the copyrights therein may belong to individuals or legal entities.

They may be subjects of various contracts. The copyright owner holding the exclusive right to the work may assign/sell his right to another person. A copyright assignment should be explicitly provided in the sale agreement apart from the transfer of the property right to the work/object itself. They may also conclude a license agreement (exclusive or non-exclusive). In a paid license agreement...