For the past few years in our country has recently adopted a law on copyright.If earlier it was self-law, it is now the most important provisions of the copyright are included in the hours. 4 of the Civil Code.Russian law as the Universal Copyright Convention, talks about the main mechanisms for the protection of copyright, the rights and obligations of authors and performers and adjust other elements of the copyright.To understand how to protect our country's copyright, it is necessary to address some of the major provisions that contain copyright law.
to intellectual rights are, on the one hand, exclusive rights and, on the other hand, moral rights.Each of these includes a number of additional rights.The Copyright Act says that the authors of results of intellectual work are entitled to dispose of such results at its discretion.The exclusivity of this right is that the authors may only dispose of the results of work and no one else.In turn, this suggests that the result of the work may be used by other citizens only with the consent of the copyright holder.It is very important point: the copyright law does not make intellectual property rights dependent on the ownership of the media.The same was said Universal Copyright Convention.In other words, if the artist executed a painting on canvas belonging to another person, he does not lose because of that their right to dispose of the result.
Among the moral rights can be attributed such a right as the right of authorship.It is obvious that the author should be considered as one who has made, for example, a work of art.However, the legislation provides that the author is the one who is listed as such a person on the cover of the unpublished works, until proven otherwise.How to understand this?The legislation is aimed at organizing and regulation of relations, which is why the laws are often encountered legal fiction.In the case of the right of authorship, everything is the same.In the civil turnover it is very important to identify the person to whom a claim may be brought.That is why the law provided that the author is the one who is shown on the cover.Of course, this often can contribute to various forms of fraud.But in the legislation and provided for.Therefore, a person who is the author, but it is not specified on the cover as this may apply to the courts, which proves that it is the author.
Exclusive rights are protected by the state.The need for such protection has been recognized as early as the middle of last century, when was developed by Universal Copyright Convention.In the same Convention it was first provided by international copyright mark, known in our time very much.The fact that the product is present copyright notice means that the unpublished works of art protected by the state.
Copyright gained over the past half-century significant development.This is due to the fact that the use of results of intellectual work brings in millions of dollars today, and sometimes billions in profits.That is why the need arose in the protection of copyright, to the misuse of the results of intellectual work could cause losses.In our country, there are still significant problems in the legal protection of authorship.However, a relatively new law, all the relevant requirements of international regulations, offers hope that soon the situation will change in the opposite direction.