The most important thing is to remember that it is IMPOSSIBLE to take content without the permission of the Copyright Holder.
In order not to violate copyright, you can enter into an agreement with the Author if there is an urgent need for his content.
You can enter into a paid agreement for the transfer of exclusive rights.
In this case, an agreement for the alienation of an exclusive right can be drawn up (Article 1234 of the Civil Code of the Russian Federation), but the author retains copyright, namely personal non-property right. For this reason, when demonstrating an object of intellectual property or other options for its use, the name of the author must be indicated.
Temporary use of intellectual property (for example, the use of music, lyrics, videos in bars, restaurants, fitness clubs, etc.) in accordance with Art. 1235 of the Civil Code of the Russian Federation is possible upon concluding a license agreement, the form of which, as a rule, is posted by the owner of the content on his website.
When ordering work by an individual, it is proposed to draw up an author's order agreement (in accordance with Article 1228 of the Civil Code of the Russian Federation), and a contract agreement - if the order is carried out for a legal entity (Article 1296 of the Civil Code of the Russian Federation).
However, when drawing up both types of contracts, it is important to note that the exclusive right to the object is transferred to the customer and is not transferred under a license, since after the expiration of its validity period, the once acquired content can be used by third parties.
There is another possible option for using the Author’s content - quoting. When writing an article, designing a website or creating any material for educational purposes or simply informing, we, as a rule, use only part of the text, a fragment of a photo or image to the extent necessary for us. In this case, its use (quotation) is allowed without the consent of the copyright holder and payment of remuneration to him in accordance with Art. 1274 of the Civil Code of the Russian Federation. It is important to remember that when quoting material from any author, you must indicate the name of the Author and a link to the source of borrowing.
The legal method of using someone else’s content also includes the author’s permission to use it free of charge from the public domain under certain conditions of Art. 1286.1 of the Civil Code of the Russian Federation (Creative Commons - open license). You can take works from the public domain for free, indicating the author (Article 1282 of the Civil Code of the Russian Federation).
