Helping Russian Libraries to Embrace the Digital Era: A Comparative Perspective with the Focus on Copyright Issues.

The aim is to contribute to the studies of post-Soviet Russian law by examining Russia’s modern copyright law in action. The key questions are: why Russian libraries digitise textual works in breach of copyright law and how this can be changed. The work is based on the premise that copyright is culturally and economically valuable and that respect for (and adherence to) copyright law is to be encouraged. The examination is based on interpretation of original statutory and case law, and relevant commentaries, including much presently unavailable in English. The methodology adopted is versatile, ranging from a factual exposition of the latest developments in Russia such as her National Library Resource, to doctrinal and comparative legal analysis, drawing parallels between aspects of Russian law and practice with those elsewhere: for example, in the UK, the US and the Netherlands. In order to set out the background, an overview of Russian copyright law, including its historical roots, is provided. Some qualitative material, deriving from interviews, is used to supplement the information available in documentary form. The following methods of gaining lawful access to copyright textual works are examined: collective management, exceptions to copyright and open access licences. It is argued that none of these methods is yet sufficiently developed in Russia to meet the challenges of the digital era. Moreover, the lack of such development is symptomatic of a more deeply entrenched antipathy towards copyright in Russia. Notwithstanding its current deficiencies in Russia, it is argued that ultimately, collective management is likely to bring the most benefits. Thus, the author argues for developing collective management by inspiring trust in the workings of management bodies such as CopyRus. Open access licences are also advocated as they could have a significant impact on encouraging respect for copyright in Russia