copyright - a set of rights as property and non-property (they are called spiritual), owned by a person (the author, that is an individual) that his creative work has created a work of literature, science or art.
Only in the early 70's the economic side of this right began to be discussed in science.So far, the copyright does not have the same meaning for economists, how has the patent system.So often happens underestimation of the importance of such protection from the economic point of view.
One of the main reasons for this situation is the fact that the original copyright and the idea evolved to protect them mainly as a legal and social system.But as mankind has evolved and increased the importance of information, copyright law, as part of the intellectual property is becoming the most important intangible economic asset information society.Today it is no longer considered only categories of law, and is regarded as an integral part of the firm's assets and wealth of the country.The concept of copyright is the foundation for the development of various industries, promotes the growth of value added, foreign trade and employment.According to some estimates, the share based on its industry in the world economy at the beginning of the millennium was about 7.3% (about 2.2 trillion dollars).The growth in these areas - an average of 5% per year, that is faster than the average growth of the entire economy of the planet.
sources copyright
increase in the value of the right and was the result of expansion of the environment in which it operates.In 1996, international copyright law has been recorded in two documents: the adoption of two WIPO Internet Treaties (Treaty on Performances and Phonograms Treaty and copyright law), and then with the help of the national legislation of the countries it began to be applied to economic transactions in a variety of computerdigital networks.This gave impetus to the interaction and exchange of experiences, strengthening the economic effect of this type of law.There were also local sources of copyright.The development of technologies, besides allowing to introduce new shape management, which are less expensive and more accurate by using special technical measures to protect.Thanks to such technologies increased sales of products under copyright protection.
It has become part of everyday life, and today we are working with the forms of creativity that twenty years ago it was hard to even imagine.Products under the protection of copyright, to date, includes a large part of the business.
Categories rights
copyright and their objects are divided into several categories:
- economic and moral rights;
- exclusive and non-exclusive rights.
person who owns the copyright of this or that object, is exceptional, is its sole use and can prohibit the use of the object by third parties.Exclusive right to work there when the author has not transferred them (that is not concluded an agreement on the transfer of exclusive rights) to others.
nonexclusive rights means that the person possessing them can use the object of the right created by the owner of the exclusive rights, on a par with him and others who have permission to use it the same way.Non-exclusive right occurs when the treaty creates the copyright, if it is not explicitly provided for both.
moral rights - a personal right (to them can not make transactions with both property: buy, sell, transfer, donate, to inherit, etc.).
registration and copyright protection
This right is one way of protecting intellectual property, that is, is a set of rules of law, relations on the creation and use of various products of culture, science and the arts.
copyright term - throughout the life of the author and for 70 years immediately following his death.Indefinitely protected right to a name, the right of authorship and to protect the reputation of the creator of the work.
Such registration exists to show that at the moment the object of her right exists objectively.This can be useful for copyright protection in a collision of interests.In all the countries covered by the Berne Convention for copyright-protected objects by residents of Russia, regardless of whether they are registered or from their place of registration.
international copyright law, as well as the copyright laws of the Russian Federation do not require registration for protection.However, if you need to show that an object at the time of registration existed objectively, you can register these legal relations in the Russian Authors' Society.If copyrights are infringed, the matter should be discussed in the country where the offense occurred.
of copyright
subjects are:
1) the author himself;
2) the successor of the author, that is, the person to whom it was transferred from the copyright on some legal grounds (contract, inheritance), in particular the publisher of the work;
3) Translator (at your own translation).
There is a distinction between the right of the author and his successors - the right of first indefinitely, and for the second it is limited to a certain period.
Objects copyright
On the basis of Article 1259 of the Civil Code, the number of our state, the objects in relation to which the copyright in Russia, are works of literature, science and art, regardless of their purpose, as well as the strengths and forms of expression.
These include:
- derivative works, ie the manufacture of other non-work;
- components resulting creative work is by location or choice of materials.
Copyright in Russia have both released works and unpublished expressed in any objective form, including oral and written (for example, in the form of a public performance, casting, etc..), In the form of images, video and sound recording, andin three-dimensional form.
Signs facilities
It should be noted that the object of such rights have specific characteristics:
- creative character creation;
- objective form of expression.
that is to be created as a direct result of creative labor and fixed on a physical medium (in the form of images, written, video or audio recording, three-dimensional), or expressed verbally, but not necessarily in the form of public speaking.
That is, for example, started as a result of creative work of the author water patterns that can be observed in the fountain will not be subject to copyright.They are protected by only the fountain as it has a volume-spatial objective form (stone, metal), and the aqueous patterns are not.
Another example: a collection of technical materials is not the result of creative work, so its results are not considered to be subject to this type of law.Music without copyright - it is, for example, collections of the best songs of a particular group.
Forms objects
So, based on the number of article 1259 of the Civil Code of the country, are considered to be objects of copyright:
- works of literature;
- musical drama, drama and scenario;
- pantomime and choreography;
- music as a text, and without it;
- audiovisual;
- works of sculpture, painting, design, graphics, comic books, graphic novels and other works of fine art;
- stage design objects and arts and crafts;
- works of urban planning, architecture, landscape art, which include drawings, designs and models;
- photographic art objects, and others, received a similar manner photos;
- various geological, geographical and other maps, sketches, plans, plastic works relating to topography, geography and other sciences.
concept of copyright extends to a variety of programs designed for computers.However, unlike other objects, the rights to which can be issued in the federal executive body, working with intellectual property.Registration is not mandatory and is carried out by the owner.
also protected by copyright transfers and other derivative works of the existing facilities.
For example, the author of the novel was written, directed and shot by his film's plot, in this case the director is the owner of copyright in the adaptation of the novel, as a derivative work.
Similarly, the translator, creating a product in a language different from the original, has a copyright on their own translation.The translation itself, as well as the original, is an independent entity.
copyright is not only the whole work, but also a part of the name, the character, if character can be considered a result of the independent creative work of its creator.
For example, the character Harry Potter, as well as the names of the books have copyright owned by JKRowling, along with the rights to the text of the work.
The objects of copyright does not include:
- official documents of local authorities, as well as various government, including laws, other regulations, materials, administrative, legislative and judicial, judicial decisions and official documents of various international organizations and theirofficial translations;
- signs and symbols belonging to the state (coats of arms, flags, banknotes, orders, etc.), As well as signs and symbols of local government agencies;
- folklore (works of folk art), which does not have specific authors, such as music without the copyright - a folk song;
- have informational character messages about facts and events (television programs, news of the day, schedule of the various means of transport, etc.).
should say that copyrights are not concepts, ideas, methods, principles, systems, processes, solutions to organizational, technical and other problems, facts, discoveries, programming languages.
copyright symbol
The "copyright protection" is as follows - ©.
This Latin letter C (from the word "copyright", meaning "the copyright"), placed in the middle of the circle.Along with this designation is used a sign (s) - the letter C in parentheses.
This is an indication of the copyright is used next to a natural or legal person who owns the rights to authorship.Also, this sign may be indicated by the object of protection specified date range, or year of publication.
The "copyright protection" by itself does not create any additional rights.It merely indicates that the rights to a particular object belong to the specified legal or natural person.
absence of this sign does not mean that the work is not protected, because right there on their own due to the fact of the creation of a work.In order to apply to him the protection of copyright, registration or other formalities are required.
Also licensing is not affected by the presence or absence of such a mark.
Copyright protection
Their appearance is directly related with the fact of creating an object of law.
The law of our country there is no special procedure registration of authorship of the work, except for the registration of the computer programs.The author, according to the law, is the one who created the object, and it has the following rights:
1) the exclusive right to the work itself;
2) authorship;
3) The right to a name;
4) on the integrity of the work;
5) on its publication.
technical means for copyright protection
There are special technical means intended for the protection of this type of rights.This includes any technology, as well as technical equipment and components that control access to a particular product and limit or prevent actions that are not allowed by the author or other copyright holder in relation to the object.
Copyright information
It is any information that identifies the work, the author or other rights holders, as well as the conditions of use of the object of the rights contained in the original or copy of the work, is a result of posts on the air or by other means of bringing the work to the publicattached to it, as well as any codes and numbers that contain such information.
author also has proprietary rights to:
1) distribution;
2) reproduction;
3) transfer;
4) import;
5) processing;
6) public performance;
7) public display;
8) broadcasting;
9) cable communication to the public.
Immediately after the creation of the work the author must have proof that he possessed them at a certain date.In the case of disputes is very helpful.Such evidence may be obtained through a special procedure called deposition.Its essence - the deposit of copies of works and the fixing of the date of granting with a notary.After that it will be issued a certificate of deposit.With this procedure it is possible to document the presence of the author of an instance of a certain date.Such evidence - the most reliable protection in the matter of copyright.
copyright infringement
Their violation may result in administrative, civil and even criminal liability.It often happens that copyright infringement occurs out of ignorance.Therefore it is recommended to inform third parties of them use the following formula: a sign of "copyright protection" + Name of the author (owner) + publication year or period.However, by law to notify the right of authorship or use the proposed format is not necessary.
