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RFA mission

Primary mission of Equal Rights Phonographic Alliance (further RFA) is to support legal rights and interests of phonogram producers and performers in scope. One of the most priority directions of RFA activity is development of international cooperation with the foreign Collecting societies. Owing to advanced sites of agents on the territory of Russian Federation and foreign partners we effectively administer our catalogue containing around 500 000 phonograms and performances.

RFA is the organization that deals with a collective administration of phonogram producers' and performers' property neighboring rights.

RFA is authorized to carry out collective administration of the most prominent phonogram producers, who represent the Russian as well as foreign catalogues of phonograms, and the majority of the Russian famous performers in conformity with direct agreements on authority transfer on rights' management.

The total volume of the catalogue, that includes phonograms and tracks and the control over which is fully exercised by RFA, makes up over 80% of the Russian music market. The legal use of phonograms and performances on the territory of Russia is every time possible, provided that the payment of remunerations in favor of right-holders is carried out through the collective society that has the corresponding commission, resigned to it by the right-holders. This collective society is RFA.

In accordance with the Russian Civil code Article 1244 and the Russian Government Resolution №992 dated December 29, 2007, the organizations, engaged in the sphere of collective administration activities, specified in the Russian Civil code Article 1244 item 1 paragraphs 1-6, will go through the procedure of the Government accreditation. The said procedure will be held by the Federal body of the executive power that performs the functions of control and surveillance in the sphere of copyright and neighboring rights (hereinafter referred to as the "authorized body"). In compliance with the mentioned Resolution, the procedure will be held during 95 days since the information about the date of the Accrediting Committee Session is placed on the official site of the authorized body.

At present there is no collective society on the territory of the Russia that has obtained Government accreditation. At the same time, according to the Russian Civil code part 4 propositions, right-holders have the right to receive remunerations, and users, in their turn, are obliged to pay these remunerations to right-holders. Thus, before obtaining Government accreditation and, subsequently, if the organization do not obtain accreditation, the latter one is to perform its functions in accordance with the Russian Civil code Art. 1244 item 3 paragraph 2, and namely: If there is an accredited organization, it do not prevent from creating other collective societies, including those organizations that are engaged in the sphere of collective management, specified in the Russian Civil code Art.1244 item 1. Such organizations have the right to conclude agreements with users in interests of right-holders who have resigned them (organizations) commission to administrate their rights in succession, specified in the present Code Art.1242 item 3, i.e. in accordance with the agreement about authority transfer on rights' administration, concluded by the organization with right-holders in a written form.

Thus, before obtaining Government accreditation in the spheres, specified in the Russian Civil code Art.1244 item 1 paragraphs 5 and 6, RFA has the right to conclude agreements with users about remunerations' payment for use of phonograms in public performances, inclusion in a broadcast and transmission by cable/wire and collect remunerations of the kind in respect of the right-holders (phonogram producers and performers), represented by RFA.

 

 

Moscow, RF, 117105,
Novodanilovskaya nab., bld. 4a, 7 floor, office 2

Phone/fax: +7 (495) 626-4447
E-mail: international@fonogram.ru