Legal encyclopedia. Letter H

INHERITANCE OF COPYRIGHT AND RELATED RIGHTS.

It is allowed to NA: the author's right to publish a work, to reproduce it and distribute it.

The heirs of the author have the right to conclude a contract for the use of the work created by the author. They are transferred to the rights and duties relating to the use and distribution of the work under a contract concluded during the life of the author. The heirs of the author have the right to protect the integrity of works after the death of the author.

Also, the author has the right to indicate the person to whom he assigns protection of the inviolability of his works after death. This person exercises his powers for life. In the absence of such instructions, the preservation of the work in the form in which it was created by the author is carried out by his heirs.

Protection of the inviolability of works is also the responsibility of special organizations for the protection of copyright.

Do not inherit the right of authorship, the right to a name and the right to protect the reputation of the author of the work. Heirs have the right to protect such rights. These powers of the heirs are not limited for a period of time.

In the absence of the author's heirs, the protection of these rights is exercised by a specially authorized body of the Russian Federation.

Adjacent Rights. The heirs of the performer, the producer of the phonogram, the organization of the broadcasting or cable broadcasting shall pass the right to authorize the use of performance, production, phonogram, broadcast or cable, and to receive remuneration within the remainder of the terms.

Related rights are valid for fifty years.

The heirs go to the right to design scientific discoveries, inventions and rationalization proposals.

The inheritance also includes exclusive rights to industrial property.

To the heirs passes the exclusive right to use the invention. They can receive both a patent for an invention, utility model, industrial design, and the right to receive them. The right of authorship is an inalienable personal right and is protected indefinitely. A patent for an invention is valid for twenty years, a utility model certificate is five years old and an industrial design patent is valid for ten years.

All inherited author's powers, regardless of whether they belong to the author for life or not, go to the heirs for a certain period. The length of the term and the order of its calculation are different. So, the copyright passes to the heirs, as a rule, for 50 years, calculated from January 1 of the year following the year of the author's death.

To heirs adjacent to copyright, such rights are transferred to a term that has not expired by the time the inheritance was opened. Rights of the patent owner pass to the heirs only for the remaining term of the patent.

The copyright to a work created in co-authorship is valid for life and 50 years after the death of the last author who survived other co-authors. In the event that one of the co-authors dies and his successor is called to inherit, the calculation of the terms on which the copyright passes to the heir depends on whether the co-authorship is inseparable or separate. If it is inseparable, the term for the heir begins to flow only from the moment of death of the last co-author. If the co-authorship is separate, the term is calculated depending on whether the copyright is a part of the work or the whole collective work as a whole.

The copyrights of a co-author who does not have heirs, both for separate and inseparable co-authorship, cease and do not pass to other co-authors.

The author's personal non-property rights include:

1) the right of authorship;

2) the right to author's name;

3) the right to publish and distribute the work, the right to protect the author's reputation.

Property rights of the author are the right to receive an author's reward for the use of the work by other persons.

There can not be objects of hereditary succession only the first two personal non-property rights: the heirs of the author do not acquire the right to be called the authors of the work and can not make changes to the object of copyright, but carry out, within the term of copyright, author's authority to publish, reproduce and

Dissemination of the works of the testator, and also have the right to protect his author's name and the inviolability of the work itself.

The validity of these rights is limited to a total period of 50 years beginning on 1 January of the year following the year of the author's death.

Copyright, passed by inheritance, can be inherited in the future, but within the validity period of copyright.

There are cases when the author in the will transfers his copyrights to only one of the heirs, and the right to receive the reward distributes between several heirs.