RUSSIAN FEDERATION: Audiovisual Authors' Rights Advance



With an Ordinance issued by the Government of the Russian Federation on September 20, 2021, and under Code Number 2613-R, the Concept for the development of creative (artistic) industries was approved, as well as the mechanisms for the implementation of state support regarding large and mega urban agglomerations until 2030. It was signed by the Prime Minister of the Russian Federation, M. Mishustin, and approved according to the instructions of the Russian Federation Government.


M. Mishustin - Photo by Dmitry Astakhov

The goals, objectives, priorities, principles, directions and state support mechanisms for creative (artistic) industries in Russia until 2030 have been determined.


This area in particular includes popular arts and crafts, theater, music, films, animations, paintings, galleries, museums, food industry, computers and video games, blogs, advertising, architecture, industrial design, fashion industry.


The main trends, problems and barriers have been identified in the development of creative (artistic) industries and the results expected from planned activities have been proposed.

The support to creative (artistic) entrepreneurship will imply working in the following areas: regulation of transactions with intellectual rights for creative (artistic) industries based on actions tested in certain industries (productions of films, development of software, inventions); the payment of a “fair remuneration” (compensation) to authors, including inventors.


In cases where the management of intellectual rights is difficult or when it is impossible to assess the income potential of a product during the stage of creation of the creative result which originates it, the mechanisms of “fair rewards” will be expanded: incentives, payment of incentives to authors or creators of the most popular works and other results.


Assistance in the protection and defense of intellectual rights in international markets.


The implementation of the Concept is guaranteed by coordinated actions of the federal executive authorities, of the authorities belonging to the constituent entities of the Russian Federation, of local governments, as well as of the organizations, the business communities and the professionals in creative areas.

The main mechanism to implement the Concept is the plan itself for its implementation, developed by the Ministry of Culture of the Russian Federation together with the federal executive authorities concerned, the executive authorities belonging to the constituent entities of the Russian Federation, bodies which will provide measures, even to amend the legislation of the Russian Federation, the state programs of the Russian Federation and the national projects, as well as the procedure to coordinate the activities and the interaction in the field of creative (artistic) industries, which will be approved by the Government of the Russian Federation.


Regulation source:

https://www.garant.ru/products/ipo/prime/doc/402745784/

Alexey Aleshkovsky

Opinion from the Vice-President of the Screenwriters’ Guild of the Russian Federation, Alexey Aleshkovsky (member of the Executive Committee from the AVACI Eurasia Region) concerning this ordinance.


The government concept regarding the development of creative industries seems to be the only official document which finally introduces the concept of fair remunerations. And we can only feel glad about this, at least because it sets a precedent to which future works may make reference to. Additionally, the Concept states: the plan for its implementation, which is being developed by the Ministry of Culture, provides amendments to the legislation. Of course, the Concept is a roadmap which will last almost a decade, and the optimism concerning an early solution to our problem should be very careful. However, this specific attitude of the Government to address this issue of the creative industries is a very good sign.