Copyright is a concept that can be very often found in legal practice. What does it mean? What applies to copyright and related rights? How is copyright protection made? These and some other points associated with this concept, we consider further.
General concept
If we consider the general concept and objects of copyright, it can be noted that it is most often applied in such fields of activity as art, literature and science.
The very meaning of the concept of copyright can be considered in two senses: objective and subjective. So, in a subjective sense, it is characterized as a separate right of a particular person related to the use of a work in any field (literature, art, science, etc.) It should be noted that such a person can be both the author of the work and his legal copyright holders. As for the meaning of the concept under consideration in an objective sense, it can be described as a certain set of norms in the field of civil law, which are designed to regulate specific relations between subjects related to the recognition of authorship of literary or other works, as well as their protection. Moreover, the established norms regulate some features of the establishment of the regime for the use of objects related to the copyright industry, as well as the protection of the legal rights of not only authors of works, but also their copyright holders.
In accordance with the provisions presented in the norms of the current legislation, copyright rules can be extended to the above types of works only if they are performed as a result of creative activity, as well as in an objective form.
It should be noted that the concept of "creativity" as such is not provided for in Russian law. However, this word means a certain activity of a mental nature that has a logical conclusion, presented in the form of an actual result, which may be a work of any branch of art. You need to understand that any fruit of creative activity must have uniqueness, originality and novelty. The legislator points out that copyright protection for a particular object can be carried out only if it possesses the properties presented above, and also has a specifically expressed form.
Legislative regulation
The main regulatory act that governs the concept of ownership in Russian law is the Civil Code, which enshrines its main provisions and principles. The main share of such information is presented in the content of Article 1259 of the Civil Code of the Russian Federation - it particularly examines the concept of the object of this group of rights, and also offers a certain list of elements that can make it up.
Based on the provisions presented by the Civil Code of the Russian Federation, the legislative bodies of the state adopted some other acts, the content of which also provides for a certain procedure for regulating legal actions in the industry in question. These include the laws “On Advertising”, “On Information”, etc. Moreover, some decrees of the President of the country and Government Decisions also touch upon some points regarding the branch of law under consideration.
The main provisions regarding copyright are also enshrined in the Constitution of the country. Its norms state that the state guarantees full freedom of various types of creativity, as well as teaching.
Special attention should be paid to such sources of copyright in Russia as international normative acts, which include various conventions, agreements, treaties, etc. However, it must also be understood that only documents that can be legally valid within the Russian Federation ratified by the state. These include, first and foremost, the World Convention on Copyright, the Protection of Art and Literary Works (Berne Convention), the World Declaration on Intellectual Property and other documents with similar contents. Separate agreements regarding the mutual protection of copyrights can be concluded between specific countries.
Modern legal practitioners note that a significant drawback of legal regulation in the field of ensuring copyright protection is that the modern legislative framework does not have a single codified act, the content of which would consider all those aspects that make up the implementation and legal protection of copyright - its the role is fulfilled by the Civil Code.
Objects and their forms
As mentioned above, the objects of copyright are certain unique fruits of creativity that meet certain criteria (uniqueness, originality, etc.). Among the objects of this branch of law, the legislator primarily refers to literary and musical works, photographs, and computer programs. , works of architecture, from the field of urban planning, as well as some other objects with similar properties. A list of the main types of objects is proposed in paragraph 1 of Art. 1259 of the Civil Code of the Russian Federation.
All objects of this group can be represented in various forms. It should be noted that the consolidation of some of the main forms of their expression is made in paragraph 3 of Art. 1259 of the Civil Code of the Russian Federation. This part indicates that objects protected by copyright can be presented in written as well as verbal, audio or video format, as well as in spatial and spatial format.
Considering in more detail the features of each form of objects, it is necessary to understand that those expressed in a written form can be presented in handwritten, typewritten format, or, for example, as a musical notation. As oral objects to which copyright norms apply, they can be presented in a format of performance or, for example, public utterance. When marking objects presented in the form of video or in audio format, it must be understood that they can be stated on digital, magnetic, optical or mechanical media. As for the volumetric-spatial form, they are widely used in the field of architecture, construction, etc. Sculptures, drawings, mock-ups, various structures, etc. have this type of format.
The legislator notes that the presented list of forms is not exhaustive and may be supplemented by others.
Modern practice shows that the largest number of copyright objects have an objective form of expression. As a rule, such objects are also subject to the rules of ownership, which is clearly delimited by copyright.
The number of works that relate to the objects of the considered branch of law may include works of a derivative and composite type. How are they differentiated? Derivative works include all those that are separate fruits of creativity, existing independently, but at the same time connected with other works. Vivid examples of such are annotations, processing, resumes, reviews, translations, arrangements, dramas, etc. As for composite works, they are the result of work related to the location of various materials, as well as their collections. Examples of these may include anthologies, collections or databases.
The objects of copyright protection may be certain technologies, techniques, processes, systems, as well as concepts and principles by which the creation of any objects takes place. Literary characters can also act as objects whose copyright must be protected. However, this rule applies exclusively to those heroes who are characterized by the main features of copyright objects.
What cannot relate to an object
P. 6, Art. 1259 of the Civil Code of the Russian Federation contains a certain list of characteristics of those objects whose authorship cannot be protected by the norms of the relevant branch of law. So, it states that the objects of copyright cannot be those works that are recognized as national and classified as folklore. Moreover, such works should not be signed by any author.
The objects of copyright are not symbols and signs of national importance. These include the coat of arms, orders, currency symbols, etc. Moreover, this group may include all similar signs that are valid within a particular territorial or municipal entity.
Documents legally issued by state bodies, as well as normative acts, laws, decisions and orders of the judiciary also cannot be objects of copyright. This group includes all materials of an administrative and economic nature, as well as those published by local authorities or international organizations.
The copyright may also not be informational messages about some events or facts. Vivid examples of such can be news releases, timetables of modes of transport, television programs, etc.
Copyright and Disclosure
It should be noted that copyright does not apply only to well-known published objects. This provision is presented in paragraph 3 of Art. 1259 of the Civil Code of the Russian Federation.
Under the publication procedure is understood a whole complex of actions aimed at making the created work known to the general public or in a certain circle. The legislator notes that the publication procedure should be carried out exclusively with the consent of the author. The final result of this procedure can be presented in the form of a public display, live broadcast, television show, etc.
Visual design
The legislator establishes a special form of visual representation that the object is protected by copyright. An icon in the form of a letter C enclosed in a circle is used to indicate this. Often, a small letter enclosed in parentheses is also used. Near the icon in question, the personal data of the person who owns the copyright should be indicated. In addition to all this, the structure of the inscription includes four numbers corresponding to the year in which the work was first published.
The emergence of copyright and its legal recognition
It should be noted that the primary subject having copyright to any object of creativity is the person who created it. In the event that there are no signs proving the authorship of this particular person, the author is the subject that is presented in the signature to the work, even if the pseudonym is indicated in it.
Protection of copyright objects can be carried out from the moment the object itself arises. This is due to the fact that copyright to a particular object arises immediately, at the time of its creation. This provision is presented in paragraph 4 of Art. 1259 of the Civil Code of the Russian Federation. It should be noted that for its implementation does not require additional registration procedures, as well as other formalities. A person who is the legal owner of copyright to a particular object or its author, in order to declare himself and his status, has the right to use a special sign that determines the ownership of the object to a specific person. Such a sign must be affixed to each instance of the object.
If desired, the subject has the right to register his authorship of a particular work or other object in a specialized State Register. This procedure is paid and provides for a certain contribution, the amount of which is established individually by the organization performing the registration. At the end of the procedure, the author receives a certificate certifying the legal assignment of authorship to a specific person.
As indicated in article 1259 of the Civil Code of the Russian Federation, copyright may not belong to one person, but to a whole group of persons or an individual organization. In this case, the registration of collective copyright should be made. In this case, all remuneration amounts should be evenly divided between the co-authors. Moreover, each of the creators of copyright objects (1259 of the Civil Code of the Russian Federation) has the opportunity to conclude contracts and agreements with respect to it, as well as take part in the collective management of it.
Next, we consider some features of the implementation of copyright in relation to individual objects.
Service Works
In accordance with the comments to Art. 1259 of the Civil Code of the Russian Federation, a personal non-property right to an official work belongs to its creator. However, in this case, the existence of exclusive property rights is possible. It may belong to the employer, but only if the moment is not specified in the labor or collective agreement and the content does not indicate another person who should act as the holder of the exclusive right.
For the direct fact of creating a work of the kind in question, the author must receive a previously agreed remuneration, which is provided on the basis of the provisions prescribed by the labor contract or other local regulatory act in force at the enterprise or organization.
Audiovisual Work
The authors of the works of such a group can be all its creators. Depending on the type of object, directors, directors, cameramen, scriptwriters, musicians, etc. can be considered authors. In the event that an individual author or their group transferred the full range of property rights to a product of his work to another company or, for example, to a producer, these persons are not entitled to express any objections regarding the use of the object, its publication, display, as well as the implementation of other types of actions. For all subsequent public performances, the facts of the publication of the work, as well as copying of its contents, the authors receive remuneration agreed in advance with the producer or another person.
In the event that the object of the type in question was included in another work, the author has the right to use his creation further, under his own name or pseudonym. Such actions may be prohibited only if restrictive conditions have been stipulated in a previously concluded contract.
Translations and derivatives
In paragraph 1 of Art. 1259 indicates that the objects of copyright include derivative works, including translations.
So, a translator who has done work related to the presentation of a specific written or oral object in another language has copyright for the translated copy. The same rule applies to other derivative works, which may be arrangements, adaptations, etc. The legislator determines that in the case under consideration, the translator or the person who used a separate work to create his creative product has the right to authorship of the derivative product only in the event that the source was indicated on it.
It should also be noted that the presence of copyright on one derivative product by an individual does not deprive the right to create similar objects of other persons, making processing of the same work.
Collections and Compound Objects
The author of the collection, in accordance with Art. 1259 of the Civil Code of the Russian Federation, is the person who made the selection of material, and also posted it. He also owns the copyright for the special placement of objects in the product of his activity. This person is obliged by all means to respect and respect the authorship of other persons whose works were used to create the collection - their names or pseudonyms must be indicated in its contents.
The presence of copyright in a collection by one author cannot prevent others from creating similar products. However, the legislator provides for the need to use a unique arrangement of objects in the collection.
Use of copyright
It should be noted that the practical application of the considered objects is available in free form, but subject to certain rules.
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The author of the work also has the opportunity to provide certain individuals or their circle the right to reproduce the object. Such agreements are also concluded in writing, with an exact indication of all the main conditions.
In the event that a party to the contract does not fulfill its conditions, sanctions established by law are applied to it. As a rule, they are expressed in the need to pay material compensation, forfeits in the amount that can cover the amount of lost profit. The same applies to cases where copyright has been violated in an off-contract situation. All such issues can be resolved in court.