File:First edition of Pavlinka.jpg

The Russian Federation (early Soviet Russia, RSFSR) is the historical heir but not legal successor of the Russian Empire, and the Russian Empire was not party to the Berne Convention (it was not country of Union for the protection of the rights of authors in their literary and artistic works), so according to article 5 of the Convention this work has no country of origin except:

• in the case of cinematographic work the maker of which has his headquarters or his habitual residence in a country of the Union, the country of origin shall be that country,
• in the case of of architecture erected in a country of the Union or other artistic works incorporated in a building or other structure located in a country of the Union, the country of origin shall be that country,
• in the case of other works if the author is a national of a country of the Union¹, the country of origin shall be that country.

¹ - Author who is not a national of a country of the Union but who has his habitual residence in a country of the Union, be assimilated to national of that country.

The exclusive rights to this work do not extend on territory of the Russian Federation according to article 1256 of the Civil Code of the Russian Federation (details), because this work does not meet the requirements on the territory of publication, on the author's nationality, and on obligations for international treaties.

Article 22. Protection Period of Copyright

1. The right of authorship, right of the name and right of protection of reputation of the author are protected termlessly.

The ownership rights remain valid during the whole life of the author and 50 years after his/her death, except for cases envisaged by the present Article.

2. Concerning an anonymous work or a work under the pseudonym the protection period makes 50 years after the moment of the first legal publication of the work.

At absence of legal publication within 50 years after the moment of creation of such work, the protection period makes 50 years after the moment of the first bringing of the work to universal knowledge upon the consent of the author in the form other than publication.

At absence of the above valid publication and any other bringing of the work to universal knowledge upon consent of the author within 50 years after the moment of creation of such work, the protection period makes 50 years after the moment of creation of the work.

If during the above period the author of an anonymous work or works under a pseudonym discloses his/her person, or his/her person does not leave any further doubts, clause 1 of the present Article shall be applied.

3. The ownership rights on a work created in co-authorship, shall act during the whole life and 50 years after the death of the last author who has survived over other co-authors.

4. Calculation of the periods envisaged by the present Article shall starts from January 1 of the year following the year, in which the juridical fact took place being the basis for beginning to calculate the period.

Article 23. Common Property

1. Expiration of operation period of ownership rights on objects of copyright or adjacent rights means transition of these objects into common property.

Objects of copyright or adjacent rights never protected in the territory of the Republic of Belarus are also considered as transited into common property.