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A free use of a work for scientific and educational purposes

Dec. 15, 2018

According to the norms of the Russian legislation, the author of a work of science shall obtain the
exclusive rights to such a result of intellectual activity from the moment of the creation and expression of
the work in an objective form. The content of these rights is limited to the use and disposal of the subject
matter by any way not contrary to the law. The exclusive rights of the author are of an absolute nature, the
essence of which is that the right arises from a person, regardless of the will of third parties, and all the
rest must refrain from the actions capable of violating it. However, the legislation contains a number of
cases, where the works can be used without the right holder’s consent. One of them is the right to a free
use of the work for scientific and educational purposes.
The general provisions
According to Subparagraphs 1 and 2 of Paragraph 1 of Article 1274 of the Civil Code of the Russian
Federation: “The following shall be allowed without the consent of the author or other right holder and
without the payment of remuneration, but with an obligatory indication of the name of the author, whose
work is used, and of the source of borrowing:
1) quoting in the original and in translation for scientific, discussion, critical, information and educational
purposes, for the purpose of disclosing the author's creative design of the legally promulgated works
within the scope justified by the purpose of quoting, including the reproduction of excerpts from
newspaper and magazine articles in the form of press reviews;
2) using the legally promulgated works and excerpts from them as illustrations in publications, radio and
television broadcasts, sound and video recordings of an educational nature within the scope justified by
the set purpose.”
The analysis of the above legal norm allows us drawing a number of conclusions:
― The quoted subject matter must be legally promulgated.
― There is no need to obtain the consent of the author or right holder, or to conclude an agreement, to use
the work in the above cases.
― The remuneration for a free use for scientific and educational purposes shall not be paid.
― It is permitted to use both the original and the translation of the work.
― For the legal inclusion of a work or fragment, a number of conditions must be observed: to specify the
author's name or pseudonym (if he performs under it), the work used; to make out the work or excerpt in
such a way that it will be clear, where the borrowed subject matter is.
The ways of a free use of works for scientific and educational purposes
Subparagraphs 1 and 2 of Paragraph 1 of Article 1274 of the Civil Code of the Russian Federation
stipulate two ways of a free use of works without the author's consent for scientific and educational
purposes: in the form of quoting and in the form of press reviews.
Quoting means the use of the work or fragment as the inclusion in another subject matter of the copyright.
Quoting must occur without distorting the borrowed element and it should be made out with correct
textual or audiovisual distinguishing. For example, distinguishing with quotation marks in case of literary
works or the indication to the use of the subject matter in the credits of the audiovisual work.
In the text of Subparagraphs 1 and 2 of Paragraph 1 of Article 1274 of the Civil Code of the Russian
Federation, the legislator states that the press reviews in the form of the reproduction of the excerpts from
newspaper and magazine articles shall be considered as a type of quoting. At the same time, this type is

still distinguished separately. This is due to the fact that this way of a free use can both lead to the
emergence of a new work (with additions, the indication to the author's opinion, etc.), and it can be used
for a simple reproduction of various excerpts of newspaper or magazine articles.
The peculiarities of the use of the legal provisions of Subparagraphs 1 and 2 of Paragraph 1 of
Article 1274 of the Civil Code of the Russian Federation
The above Article contains a number of terms and concepts that require clarification and specificity.
Enumerating the cases of a free use of works without the right holder’s consent, the legislator indicates to
a possibility of using for scientific and educational purposes. At a superficial review, these terms seem to
be synonymous. Therefore, it seems necessary to consider them in more detail. The scientific purposes
shall be understood as the study and analysis of existing works (textbooks, monographs, scientific
articles, etc.) for the subsequent development of new knowledge about the subject matter or the research
subject. The educational purposes shall be meant the study of subject matters of the copyright for
educational purposes. Thus, the qualitative difference of the use of works for scientific purposes from the
use for educational purposes is to obtain the new information, conclusions or knowledge about the subject
matter of the research, which are not contained in the quoted sources.
The determination of the volume, in which the work or its excerpt can be used freely, causes difficulty.
Article 1274 of the Civil Code of the Russian Federation states that the volume should be justified by the
purpose of quoting. Due to the absence of a more detailed description of this concept, in the event of
disputable situations, the determination of the permissible size of the quoted subject matter falls within
the jurisdiction of the judicial authorities. When considering the cases related to the legality of a free use
of works without the author’s consent, the court shall take into account the following circumstances:
whether the quotations are used for the purposes specified in the Articles of the Civil Code of the Russian
Federation; whether the author of the borrowed excerpt or work is indicated; what the volume of the
indicated element is, in comparison with the work, in which it is used; as well as the practice of a free use
of the quoted subject matter of the copyright.

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Author of article

Sergey Zuykov

Sergey Zuykov

Managing Partner / Patent Attorney of the Russian Federation / Eurasian Patent Attorney