Legal encyclopedia. The letter a

COPYRIGHT

Copyright - a set of personal non-property and property rights, belonging to the authors of works of science, literature and art.

The rights of authors are regulated by the RF Law "On Copyright and Related Rights" of July 9, 1993.

The copyright is divided into two types:

1) personal non-property rights;

2) property rights.

The main difference between these types of rights is that property rights, unlike non-property rights, can be transferred for a fee, i.е. Have economic content.

According to Art. 15 of the Law to personal non-property rights include:

1) the right of authorship;

2) the right to author's name;

3) the right to divulge the work and to withdraw it;

4) the right to protect the work.

In addition to those listed, copyright includes the right to initiation and the right to deposit (you can only deposit for scientific work in natural, technical or social sciences).

The right of authorship is the right of a person to be considered the author of a work.

The authorship is characterized by the following features:

1) it is inseparable from the personality of the author of the work;

2) it is absolute;

3) it acts throughout the life of the author and terminates in connection with his death. With the right of authorship, the right to

Author's name, which is expressed in the fact that the work can be published under the name of the author himself, under a pseudonym or without attribution (anonymously).

The essence of the right to publish the work and to withdraw it is the ability to make the work created known for society.

Publication of the work -

Carried out with the consent of the author action that first makes the work accessible to the public by its publication,

Public display, public performance, broadcast or otherwise (Article 4 of the Law).

In doing so, the author himself determines the degree of readiness of the work for public disclosure, as well as the time, place and method of such disclosure.

The author implements this right by concluding agreements on the first use of an unpublished product or transferring a work to the employer.

Special rules of disclosure are established for works of fine art, which depicts a person. In this case, the publication of a work is permissible only with the consent of the person depicted on it. However, from this rule there are two exceptions, which are that the publication of such a work is possible without the consent of the person depicted on it, if it was done in the public interest, as well as in cases when such a person posed the author of the work for a fee.

With the right to publish, the right to revoke a work is connected, the essence of which is that the author has the right to refuse an earlier decision to publish

Works. Since the creation of the work, his author has secured the right to protect the created work. The right to protect the work is expressed in the fact that no one without the author's consent can expose neither the work itself, nor its name to any reductions and additions. It is also forbidden without the consent of the author to provide the work with its use of illustrations, comments, diagrams, etc.

Along with personal non-property rights, the author also enjoys exclusive rights to use the work that relates to property rights.

Property rights of authors consist of:

1) the right to reproduction;

2) the right to distribute;

3) the right to import;

4) the right to public display;

5) the right to public performance;

6) the right to broadcast;

7) the right to communicate to the public by cable;

8) the right to transfer;

9) the right to processing;

10) the right to remuneration.

The notion of reproduction is contained in Art. 4

Law on Copyright and Related Rights.

Reproduction of the work -

Production of one or more copies of a work or a part thereof in any material form, including in the form of sound and video recording, the production in three dimensions of one or more copies of a two-dimensional work and in two dimensions - one or more copies of a three-dimensional work; The recording of a work in the memory of a computer is also a reproduction.

Thus, the author's right to reproduce and replicate the work is included in the right for reproduction. Reproduction of a work is possible only with the consent of the author or his legal successor. However, if a work is published, the Law allows reproduction of an unpublished

Works without the consent of the author. In paragraph 1 of Art. 18 of the Law provides for the possibility, without the consent of the author and without payment of the author's remuneration for the reproduction of a legally published work exclusively for personal purposes.

The author's right to dissemination lies in the ability to bring the created work to other people in various ways, including

Including through demonstrations in museums, copying.

The author is given the opportunity to import copies of the work for distribution purposes, including copies made with the permission of the owner of exclusive copyrights (right to import).

Import means the crossing of the state border of the Russian Federation by the goods (copies of the work). At the same time, the right to import concerns also those copies of the work imported to the territory of the Russian Federation for further distribution in foreign countries.

The right to public display of the work-the author's right to demonstrate the original or copy of the work directly or on the screen with a film, transparencies, television frames or other technical means, as well as to demonstrate individual frames of an audiovisual work without following their sequence.

The show or performance is considered public, they are made directly or by means of technical means in a place open to free access, or in

A place where there is a significant number of persons not belonging to the family circle.

The next property right of the author is the right to transfer the work to the air.

Broadcasting is the communication of works, phonograms, performances, productions, broadcasts of broadcasting or cable broadcasting organizations to the public by means of their transmission by radio or television. When broadcasting via satellite, it means receiving signals from a ground station to a satellite and transmitting signals from a satellite, through which copyright objects can be brought to the public regardless of their actual acceptance by the public.

When the right to processing is exercised, the author must retain in the processing some elements of the form of the original work.

The author's remuneration is determined in the author's contract and is established as a percentage of the income for the corresponding way of using the work. However, if this can not be determined, the author's remuneration is fixed in the form of a fixed amount.

For the public performance of dramas, musical

The remuneration is determined as a percentage of gross collection. In addition, for the execution of certain works, specific limits are set

Remuneration.

After the death of the author, the remuneration for the use of his work is paid to his heirs.