1. Conditions of MAE RAS Site Contents Use.
MAE RAS site textual information, images and other kinds of informational resources are pro-tected by national and international laws of intellectual and industrial ownership.
The Institution of the Russian Academy of Sciences Peter the Great Museum of Anthropology and Ethnography (Kunstkamera) is an owner on all images and textual information (intellectual activi-ties results and means of individualisation) positioned at the present site.
Questions regarding intellectual activities results and means of individualisation are to be ad-dressed immediately to MAE RAS.
For a more detailed reference of international and Russian legal law on exclusive rights and mu-seum intellectual ownership you can consult the following documents:
- Bern Conference on literary and artistic works protection (Bern, 09.09.1886);
- Copyright World convention (Geneva, 06.09.1952);
- Paris convention on Industrial ownership protection (Paris, 20.03.1883);
- The Russian Federation Constitution;
- Civil Code of Russian Federation. Part 4, Section VII. Rights on intellectual activities and means of individualisation;
- Criminal Code of Russian Federation (Article 146. Infringement of copyright and related rights. Article 180. Illegal use of trade mark);
- Federal Law of Russian Federation from 26.05.1996 . N 54-ФЗ «On Museum Fund of Russian Federation and Russian Federation museums».
Any use of MAE RAS site contents (textual information and images) is prohibited without a written consent from MAE RAS.
A person wishing to make use of any textual information and images of museum items, audio- and video materials for commercial use, publication or any other purpose but that of personal non-commercial use, as is ascertained by the law, is to inquire in writing and receive a prior permission from the Museum. Permission for such use is individually provided in each case and is at the discre-tion of the Museum. Right receipt fee can be defined depending on the type and character of the po-tential use.
While receiving an access to a MAE RAS web-site, browsing it or making any other use of it, you accept you know the conditions of User’s Agreement (Appendix 1) and are liable to observe it and follow all the applied laws, copyright protection laws and regulations related copyright and connected rights as well as cultural values preservation. In case you do not agree to these positions, do not make use of the web-site.
MAE RAS advises in advance that:
- its web-site can contain copyright and ownership right information not only of the museum, but also of other natural and legal persons. While using materials of the site you are to con-sider it.
- web-site information can be updated or modified without any notice.
MAE RAS gives no warranty that use of images, textual and other materials provided by the MAE RAS web-site can infringe third parties rights not belonging or related to MAE RAS.
Applications that MAE RAS web-site infringes copyright or other rights connected with intel-lectual ownership are submitted in writing and sent to the director of the Museum. All the claims will be considered by authorized persons and lawyers.
A museum site collections database is a search system of collection items from the permanent collection of MAE RAS. Separate collection items include the information about the item itself as well as its picture/pictures if they are available.
Due to extremely numerous collection items of MAE RAS collections, not all the collection pieces are accessible through the database. The database information is not complete in some cases and can be modified in accordance with current research results.
MAE RAS does not declare anything regarding any web-sites whose access can be reached from the site concerned. MAE RAS does not control and is not liable for any other sites apart from the web-site at the address: http://www.kunstkamera.ru.
While providing information by means of its site, MAE RAS does not provide anybody by li-censes to use intellectual activities or means of individualisation.
By making use of the MAE RAS web-site http://www.kunstkamera.ru, you have agreed that you will adhere to all the above mentioned positions and are obliged to periodically visit this page to be aware of the current positions you are to adhere to.
MAE RAS can any time reconsider these positions updating the piece of information concerned.
2. Frequent Mistakes:
The following information will enable you to protect yourselves, your work and your clients from copyright information and graphic materials infringement. There are certain false ideas and fre-quent mistakes about what is Copyright, e.g.:
- All the materials of the Internet present a common property;
- Unless provided with a © mark (a Copyright sign), the material concerned does not need any use permission;
- If you change some image, no use permission is needed;
- If you partially use some graphic material, no use permission is needed.
Following these errors can bring about serious offence.
MAE RAS warns you against such mistakes.
3. Museum items photographs:
An exclusive right to use museum collections photographs remains with the museum unless especially claused in the contract.
MAE RAS disposes of digital high resolution photographs of its depositories provided on request.
Digital low resolution collection and museum materials are available for educational projects, lectures, scientific research. These photographs are not permitted for publishing.
MAE RAS completes orders on a certain quality photographs depending on the availability of the photographs concerned.
4. How Museum controls its exclusive rights compliance:
MAE RAS site creators of textual material and images of the site concerned and museum collections copyright owners have a right to control these materials.
The museum controls its own collections items use right as well as the information related to it, textual materials published by MAE RAS inclusive of those at the site of the museum.
Use rights are as follows:
1. A reproduction right. Reproduction or copying of the whole or partial piece of information without permission is an infringement. A copy can be made by means of precise copying or imitation of the original. The law does not define the size of a copied fragment or a degree of its transformation. Even reproduction of a small part can be regarded as a violation.
2. A modification right. A right to modify the original piece or information belongs exclusively to its copyright owner. This includes a right to paint a picture from a photograph or compile several photographs and pictures to make a collage. This right involves any modification original textual or graphic materials can suffer. A modification right per-mission is to be received from a copyright owner for the original object. Software manipulation and compilation of images without permission is a non-authorised use of the original material which is protected by the legal law on copyright.
3. A copies distribution right. It is the copyright owner who has a right to distribute copies of the pieces by means of selling or other forms of ownership right ceding such as a license agreement. If a photograph is needed for a publication, a written permission is to be received from the copyright owner.
4. A public presentation right, inclusive of the right to exhibit, in case the piece is of the appropriate character. Temporary submission of museum items from MAE RAS funds for exhibitions is performed exceptionally by permission of its founder, The Russian Academy of Sciences and Ministry of Culture of Russian Federation. Exhibitions are permitted in museums only.
Non-authorised use of museum collection items images is prohibited. Digital museum collection items images cannot be reproduced, published or rendered in any other way by any means without a prior written permission of the museum.
5. What occurs in case of a museum exclusive rights infringement?
An exclusive rights owner has various legal rights defense means in accordance with legal law. A lawbreaker can be fined, in some cases penal sanction and imprisonment can be applied. Pirated products manufactured in defiance of legal law can be destroyed. The legal law envisages a personal responsibility, even if the person who has infringed exclusive rights works at the organization involved and performs his duties while infringing the law.
Ignorance of the law is no excuse in case of infringing exclusive rights, and the expenditure connected with lawbreaking in this sphere is very high. It is necessary to know that for exclusive rights infringement civil, administrative and criminal liability is provided. You, your employer or client in case of law infringement can waste much more means and efforts to compensate for the in-fringement than directly apply to the owner of exclusive rights to receive permission to use images.
In spite of accessibility of copying machines and ability to copy from the Internet, an intellectual ownership right is effective and appropriate national and international laws defend it efficiently.
To enable our site and materials and our museum collection items database to help you on de-veloping your creative ideas and noble purposes, MAE RAS does recommend you to request permission to use materials of your interest from the museum to deliver you, your company and clients from various risks.
6. Is it possible to use museum collections information and their images without permission?
Subject to current legislation (Article 1274 of the Civil Code of Russian Federation) it is accepted without the author’s or any other rightholder’s consent and without remuneration but with a obligatory indication of the author’s name, whose work is used and a source of borrowing:
1) quoting in the original and translation in scientific, polemic, critical and informational purposes legally published works in the volume justified by the purpose of quoting inclusive of representation of newspaper and journal articles excerpts, as press reviews;
2) use of legally published works and their excerpts as demonstrations in editions, radio- and TV-programmes, audio- and video-recordings of educational nature in the volume justified by the purpose;
3) representation in press, radio- or cable broadcasting of legally published articles on current economic, political, social and religious issues to be found in newspapers and journals or broadcasted works of similar character in cases when such representation or reporting has not been intentionally prohibited by the author or any other rightholder;
4) representation in press, radio- or cable broadcasting of publicly delivered political speeches, appeals, reports and other similar things in the volume justified by the informational purpose. The authors of such things preserve the right to publish their speeches in collected works;
5) representation or announcing of facts for everybody’s information in current events reviews by means of photography, cinema, radio- or cable broadcasting which become seen or heard in the course of such events in the volume justified by the purpose;
6) representation non-commercially by means of various fonts meant for the blind of legally published works apart from the works specially made to be reproduced this way.
MAE RAS would like you to consider that it is rather risky to depend on your own opinion and assignment when taking such a decision.
If you plan using museum and museum collections materials for your own educational, non-commercial purposes, MAE RAS does not demand a permission request:
- PowerPoint presentations;
- School children distribution educational materials;
- School and university projects;
- News programmes.
The users who make use of textual, digital, pictorial museum collection items and other photo-graphs from the site of MAE RAS for the purposes shown above are to observe the following condi-tions of their use:
- the users are to refer to the author and the source of information;
- the quoting is to include all the information, Copyright and (or) an exclusive right and other in-formation connected with URL contents and MAE RAS site;
- the copied information is not permitted to be modified or edited in any other way.
7. How to receive a right to use images and materials? How to make and send an application for images and materials use?
Museum items images use for research, exhibitions, publications, various programmes and ad-vertising is a common practice and when properly applied, such materials serve museum collections promotion.
Exclusive rights owners can provide rights for their materials use to various persons and organi-satons. If you want to be the only owner of certain materials, you are to request permission for the ex-clusive right of use.
You are to consider that receiving a copy of an image does not mean acquiring a right for its use. Buying/ receiving some graphic material and a copy of a collection item, you do not acquire any right for a picture of the museum collection item. Collection item receipt expenditure does not include its use expenditure.
If you want to use an image of a MAE RAS collection item and some information related to it in any product or publication, you are to receive an appropriate permission from MAE RAS. MAE RAS collections images can be used in most commercial products if an appropriate permission from MAE RAS has been received.
To receive a right for MAE RAS collection items images use, it is necessary to make an application and send it to the museum. The application form should be in writing, completed as fully as possible and signed thus accepting of the terms and conditions governing the use of MAE RAS images.
You are to send complete and signed forms to the following addresses:
Mailing address: 199034, Russia, St.Petersburg, Universitetskaya nab., 3
An inquiry letter on headed paper of the company addressed to the Director of MAE RAS is to be attached to the application.
MAE RAS provides a single and non-exclusive right for the use of images from the funds of collection items. New and repeated requests are regarded individually, their procession and perfor-mance can require some extra time; it is at the discretion of the museum to withhold the request.
To apply to the museum with a request does not guarantee its performance. Not all the museum collections have been photographed, there are not always photographs of the required quality availa-ble, as well as not all the museum collection items can be photographed.
Giving permission to reproduce and use museum collection graphic material and the information connected with it, MAE RAS in each separate case takes into consideration:
- purpose and character of the use, if the expected use is to have a commercial or a non-commercial educational purpose;
- character of the required item;
- a result of MAE RAS collection graphic material item use at the potential market.
8. Processing requests and conditions for their implementation:
Submitting an application means that the applicant accepts of the terms and conditions govern-ing the use of MAE RAS funds images.
MAE RAS does not accept incomplete applications and has a right to ask for more information concerning accepted ones.
The museum processes all the applied inquires. On receiving an inquiry, MAE RAS will send you an agreement draft to use images and an account. Draft contract is made on the basis of an inquiry which is put on the waiting list, but not later than three weeks after the inquiry has been registered at the museum.
The order is paid subject to an agreement between MAE RAS and Customer concluded in ac-cordance with the Legal law of Russian Federation. MAE RAS performs inquiries materials for pho-tographs of museum items from MAE RAS funds only after 100% payment of the inquiry. All the accounts are carried out in the currency of Russian Federation, Russian roubles.
On signing an agreement and receiving the fee digital images you will be submitted to you.
MAE RAS agrees a way of transferring images with the applicant; however, a final decision is at the discretion of the museum.
MAE RAS funds items images submission is registered by means of an images acceptance act signed by both parties.
9. What is the fee for receiving museum item image right use?
The fee for performance of the inquiry consists of the following parts:
- procession of the order fee;
- shooting of MAE RAS fund items fee;
- permission right use fee.
An overall cost of the inquiry is agreed with the client and is shown at the contract.
The prices given below are for guidance only and can be amended without prior notice.
MAE RAS guidance prices for non-exclusive single use provision of MAE RAS collection items images :
| Print run publication from 1000 to 3 000 copies |
| 1 image copyright || Price excluding taxes in rouble ||Prices including taxes in rouble |
| One country, one language||1000 ||1180 |
| World, one language||1300||1534|
| World, all languages||1900||2242 |
| TV / video /e-use |
| Regional TV||1000||1180|
|National TV ||1900||2242|
| Throughout TV/ 5 yrs ||2500 ||2950|
| Throughout TV / 10 yrs ||4000 ||4720|
| CD-Rom/DVD ||3000||3540|
| eBook ||1900||2242|
| Web Commercial 1 year||2500||2950|
| Web Commercial 5 yrs||10000 ||11800|
| Personal or strictly educational use in projects with no sponsors or commercial use 1 year ||0 || |
Cost of performance of the order on conditions that MAE RAS is provided with an appli-cation which indicates the item’s collection number of the MAE RAS depositories or an individ-ual image code next to MAE RAS web-site image:
| Items number ||Term of performance ||Prices excluding taxes in rouble ||Prices including taxes in rouble |
|1-10||Urgent – within 2 weeks after payment||3000||3540|
|1-10 ||Standard – within a month after payment||1500 ||1770|
|1-10||Non-urgent more than a month after payment ||700 || 826|
Application performance for the order including more than ten items is individually regarded and agreed with the client.
THANK YOU FOR YOUR INTEREST TO THE COLLECTIONS OF OUR MUSEUM