to copyright in the legal literature include the totality of the creator of an object or a work set out by law and aimed at the use of the rights object, as well as the implementation of the author's personal non-property rights applications.
legal relations in this area begins with the establishment of the author of the product of their labor.It is not necessary to register your entitlement.The product of the creative activity of the author shall be considered valid from the moment of its actual creation.The rights of the owner in the aggregate represent a fusion of economic and moral rights of the personal destination.
some resemblance to the type of rights are dealt with and related rights.Their main task is to protect the legal interests of a specific category of legal subjects.That data subjects the right to contribute to the creation of the products of creative work, are available to the whole society.In general practice, offenses in the field of copyright and related not seem unusual for the modern Russian society.Thus, for copyright infringement liability established by the legislation of the Russian Federation.
Article "copyright infringement" can fully demonstrate the legislation in this area.There are three types of responsibility for offenses and crimes committed in this area.It is criminal and administrative responsibility, as well as obligations in the field of civil relations.Indicative of this is the norm of Article 48 of the above legal act.In case of violation of the rights in general victims are usually recognized authors of creative product and performers of phonograms, broadcasting organizations of air or cable type.
Speaking more specifically about the use of copyright and related rights outside the legal field, it is to be understood treatment works of another author, as a result of which it does not acquire autonomy in the scientific or artistic sense.In addition to the illegal actions include the author's compulsion to co-authorship, or to the forced inclusion in a co-sponsor of persons who do not have anything to create a work.
Additionally, the illegal reproduction and distribution of the results of creative activity is also considered an article about copyright infringement, which carries a responsibility.Article "copyright infringement" provides for criminal liability in cases where the victim did suffer damage in the large size.Accordingly, the damage caused by this crime can be about the material, and may be in violation of other constitutional rights of the citizen.
Damage is usually expressed in the form of lost benefits, such as non-receipt of certain financial component.But it is important to understand that for bringing offenders to justice more serious type of damage should have a large size, it is the requirements of a legal norm, as the article "violation of copyright".Accordingly, breach of copyright and related rights and responsibilities under the Criminal Code arises in circumstances where clearly justified relationship causal nature between the harmful effects of crime and the illegal use of a specific copyright.As for other types of liability expressly provided in this Act, as the article "violation of copyright", the punishment for the offense is of a different nature, ie it is not connected with deprivation of liberty.
