Copyright in a work of art is not connected to the property right in the tangible object in which the work of art is embodied. The transfer of the property right in a tangible object or the right of possession of the tangible object does not imply the transfer of any copyrights in the work of art which is embodied in that object .
Thus, when the author alienates the original of a work of visual art, he/she reserves the exclusive right in this work of visual art, unless otherwise provided by the agreement (Clause 1 of Article 1291 of the RF Civil Code).
As a rule, works of visual art are alienated by the author to a new owner with the transfer of limited rights which are listed in the agreement.
Further alienation of the work of art by the new owner in favour of third parties without author's consent is possible in the following cases:
- if the agreement of alienation of the work of art by the author to a new owner with the transfer of limited rights stipulates for special conditions of further alienation of the work of art by the owner in favour of third parties;
- if the work of art is alienated by the author to a new owner subject to an agreement of alienation of exclusive right to the work of art (Article 1285 of the RF Civil Code).
The agreement of alienation of exclusive right to the work of art shall be concluded in written form and is subject to state registration in cases stipulated by Clause 2 of Article 1232 of RF Civil Code. Failure to comply with this requirement invalidates the agreement (Clause 2 of Article 1234 of RF Civil Code). Afterwards, if the original of the work of art is alienated by the owner who possesses the exclusive right to the work of art but is not the author thereof, the exclusive right to the work of art is transferred to a third party-the purchaser, except as otherwise provided in the agreement.
As a rule, works of visual art are alienated by the author to a new owner with the transfer of limited rights which are listed in the agreement.
Further alienation of the work of art by the new owner in favour of third parties without author's consent is possible in the following cases:
- if the agreement of alienation of the work of art by the author to a new owner with the transfer of limited rights stipulates for special conditions of further alienation of the work of art by the owner in favour of third parties;
- if the work of art is alienated by the author to a new owner subject to an agreement of alienation of exclusive right to the work of art (Article 1285 of the RF Civil Code).
The agreement of alienation of exclusive right to the work of art shall be concluded in written form and is subject to state registration in cases stipulated by Clause 2 of Article 1232 of RF Civil Code. Failure to comply with this requirement invalidates the agreement (Clause 2 of Article 1234 of RF Civil Code). Afterwards, if the original of the work of art is alienated by the owner who possesses the exclusive right to the work of art but is not the author thereof, the exclusive right to the work of art is transferred to a third party-the purchaser, except as otherwise provided in the agreement.