For several years now, a recently adopted copyright law has been in force in our country. If earlier it was an independent law, now the most important provisions of copyright are included in part 4 of the Civil Code. Russian law, like the global copyright convention, speaks about the basic mechanisms for protecting copyright , the rights and obligations of authors and performers, and regulates other elements of copyright. To understand how copyrights are protected in our country , it is necessary to turn to some basic provisions that the copyright law contains.
Intellectual rights include, on the one hand, exclusive rights, and on the other hand, personal non-property rights. Each of these rights includes several additional ones. Copyright law says that authors of intellectual property have the right to dispose of such results at their discretion. The exclusiveness of this right is that only authors can control the result of labor and no one else. In turn, this suggests that the result of labor can be used by other citizens only with the consent of the copyright holder. It is very important to point out: copyright law does not make intellectual rights dependent on ownership of the medium. The universal copyright convention says the same thing. In other words, if an artist completed a painting on canvas belonging to another person, he does not lose his right to dispose of the result.
Personal non-property rights may include such a right as authorship. It is quite obvious that the author should be considered the one who produced, for example, a work of art. However, in this case, the legislation provides that the author is the one who is indicated as such a person on the cover of a published work until it is proved otherwise. How to understand this? The legislation is aimed at streamlining and regulating relations, which is why legal fictions are often found in laws. In the case of the right to authorship, everything is the same. In civil circulation it is very important to identify the person to whom claims can be brought. That is why the law provided that the author is considered the one who is indicated on the cover. Of course, often this can contribute to various forms of fraud. But the legislation also provides for this. Therefore, a person who is the author, but is not indicated on the cover as such, can apply to the judicial authorities, where he proves that it is she who is the author.
Exclusive rights are protected by the state. The need for such protection was recognized back in the middle of the last century, when the universal copyright convention was developed. In the same convention, for the first time, an international copyright mark was foreseen, which is known to many today. The fact that there is a copyright mark on a work means that the work published in the art is protected by the state.
Copyright has received significant development over the past half century. This is due to the fact that the use of the results of intellectual labor in our time brings multimillion-dollar, and sometimes billion-dollar profits. That is why there was a need for copyright protection so that the misuse of the results of intellectual work could not cause losses. In our country, there are still significant problems in the legal protection of authorship. However, a relatively new law, which meets all the requirements of international rules, allows us to hope that soon the situation will change in the other direction.