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The works originally published in the Soviet Union before May 27, 1973, were not protected by International Copyright Conventions. It is believed [1] that they belong to the public domain in many countries including the U.S. However in some of the ex-Soviet countries, some of these works might still be protected by copyright. |
This image was uploaded under good faith using the above tag: however, it may be under United States copyright if it was first published on or after January 1, 1923 and was still under copyright in a successor state to the Soviet Union on January 1, 1996.[2] |
- The pre-1973-PD reasoning is wrong: The Soviet Union joined the Universal Copyright Convention on May 27, 1973. The UCC very clearly states in its paragraph VII that it applied to all works that were still copyrighted. Hence all Soviet works that were still copyrighted in the USSR in 1973 were internationally protected, even if they were published earlier.
- Russia joined the Berne Convention on May 13, 1995: Since 1993, Russia had had a copyright law that placed Soviet/Russian works published after 1943 (or 1939 for veterans of WWII) or where the author died later under copyright. Thus a "pre-1973" rule on Soviet works outside Russia is invalid at least since 1995/1996, in the U.S. and also in other members of the Berne Convention.
- The Supreme Court of the Russian Federation from June 19, 2006. decided (decision (in Russian) that the 50-year copyright term defined in the Russian copyright law of 1993 (No. 5351-1) was retroactive and even restored the copyright on works on which the old 25-year copyright from the old Soviet code had elapsed.
- There was a legal case on that matter in the US: The case Films by Jove, Inc. v. Berov, 154 F. Supp. 2d (2d Cir. 2001) and 250 F. Supp. 2d 432 (2d Cir. 2003). This was a complicated case about a copyright infringement (committed in the U.S.) on Soviet cartoons. The case was about many different Soviet animated films published from 1936 to 1991. Some of these films were of Cheburashka, which is considered by many people in Russia a kind of national property; the childrens' books that served as the base for these films were written by Eduard Uspensky in 1966. In that case (154 F. Supp. 2d at 448) the court clearly stated that these were "restored works", i.e. works that had their copyright in the U.S. restored under the URAA (17 USC 104A). (see From Itar-TASS to Films by Jove: The Conflict of Laws Revolution in International Copyright)
For further details see Commons:Template talk:PD-Soviet and Commons:Deletion_requests/Template:PD-Soviet.
- ^ L.I. Podshibikhin, K.B. Leontiev, Realization of Bern declaration in Russian Federation
- ^ 17 U.S.C. §104A
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