Fees for personal use of sound and video recordings.

01.11.2010

Legal Update No. 186

Goltsblat BLP advises that resolution of the Government of the Russian Federation of 14 October 2010 No. 829 “On fees for free reproduction of sound and video recordings for personal use“ came into effect on 26 October 2010 and will remain in force until an agreement is in place on this between the member states of the Customs Union.

The resolution affects Russian manufacturers and importers of equipment (computers, recorders, telephone, videocameras, etc.) with recording devices on magnetic, optical or semi-conductor tangible media and such recorded or unrecorded tangible media (cinefilm, magnetic and optical tapes, cards, disks, etc.). The Resolution lists all the relevant equipment and media, giving the OKP (Russian Classification of Production) codes (for manufacturers) and TN VED TC (Customs Union Commodity Classification for Foreign Trade) codes (for importers).

For each unit of equipment or medium manufactured or imported, the importer pays a fee of 1% of the sales price or customs value, respectively.  No fee is charged on exported equipment or media or on professional equipment not intended for domestic use. Even so, the distinction between equipment and media for personal or professional use is not clear enough.

Manufacturers and importers pay the fees to the organisation accredited to collect such fees by Rosokhrankultura - the Russian Union of Rightholders, which should then distribute them between the authors (40%), performers (30%) and manufacturers (30%) of the sound and video works.

These fees are paid on the basis of agreements concluded between the manufacturer/importer and the accredited organisation.
The manufacturer of equipment and tangible media is to submit a quarterly goods sales report to the accredited organisation.
There is no change in the customs clearance procedure for importing such equipment and media, since the importer pays the fees after the goods are released for internal consumption and is not required to provide the customs authority with any additional documents guaranteeing payment of the fees (guarantee, agreement with the accredited organisation, etc.).

At the same time, the importer must inform the accredited organisation of the quantity and value of the imported goods within 10 working days of them being released for internal consumption, attaching supporting documents (customs declarations).

For additional information, please contact:


Vladimir Tchikine,
Partner,
Customs and Foreign Exchange
Goltsblat BLP;
E: info@gblplaw.com


Elena Trusova,
Head of Group,
Intellectual Property/Dispute Resolution,
Goltsblat BLP,
E: info@gblplaw.com

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