The Ministry of Culture of Russia has prepared a draft decree of the Government of the Russian Federation establishing the rules for calculating and remuneration rates for the use of orphan works (works whose authors or other copyright holders are assumed to be unknown).
According to the draft document, the amount of remuneration for access to musical works through streaming services can be determined in the form of a payment for each listening, the amount of which is 0.4 rubles for the initial 300 thousand listenings, 0.2 rubles for each subsequent listening over 300 thousand to 1,500 thousand listenings, 0.1 rubles for each subsequent listening over 1,500 thousand to 3,000 thousand listenings, 0.08 rubles for each subsequent audition over 3,000 thousand to 15,000 thousand listenings and 0.04 rubles for each subsequent audition over 15,000 thousand listenings, but not less than 2000 rubles per month.
According to streaming services, such rates can lead to a significant amount of payments from such services towards the CMO which will keep a register of orphan works.
- In this regard, the following model was proposed by the services together with the NFMI:
- to abandon fixed rates for musical works;
- to provide that remuneration is determined in the form of percentage deductions (10%) of income (revenue) from the use of a musical work, including income (revenue) received as a fee for providing access to such a work.
An order is being prepared by the Ministry of Culture on the procedure for labeling works containing references to drugs, as well as on the list of works to be labeled.
- List of works subject to labeling
The law establishes that federal executive authorities authorized by the Government of the Russian Federation establish a concrete list of works whose turnover must be accompanied by special labeling, as well as the procedure and terms of such labeling. Works published after August 1, 1990 are subject to labeling.
For musical works, the list should be established by the Ministry of Culture. However, the draft order of the Ministry of Culture states that all musical works are subject to labeling.
- The procedure for labeling of works in streaming services
According to the draft order, when making musical works publicly available, it is allowed to carry out warnings in text format directly on the start (main) page of the information resource through which such works are distributed.
- The procedure for labeling of works on physical media
A warning in text format is placed on the front surface or the front side, including on the packaging of material media.
The marking of material media put into circulation before September 1, 2025 is carried out by applying a sticker containing a warning in text format.
We are ready to promptly answer media questions, provide journalists with the necessary information about the work of the Association, comment on news issues related to music and related areas.
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