Topic 24. COPYRIGHT

Copyright in an objective sense is a set of civil law norms that regulate relations for the recognition of authorship and the protection of works of science, literature and art, the establishment of a regime for their use, the granting of personal non-property and property rights to their authors, the protection of the rights of authors and other right holders.

Copyright relations are regulated by Ch. 70 GK. In addition, copyright rules are contained in some decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation. Of the international treaties of the Russian Federation as sources of copyright, the most important are:

▪ Berne Convention of 1886 for the Protection of Literary and Artistic Works (as amended in Paris in 1971), in which Russia has been participating since 1995;

▪ The 1952 Universal (Geneva) Copyright Convention (Russia has been a party to this convention in its original version since 1973, and in the 1971 version since 1995).

The sources of copyright also include the Stockholm Convention on the Establishment of the World Intellectual Property Organization of 1967.

In Art. 1255 of the Civil Code defines copyright in the subjective sense. According to paragraph 1 of this article, copyrights are intellectual rights to works of science, literature and art. In accordance with paragraph 2 of this article, the author of the work has the following rights:

1) the exclusive right to a work;

2) right of authorship;

3) the author's right to a name;

4) the right to inviolability of the work;

5) the right to publish the work.

In the cases provided for by the Civil Code, the author of the work, along with the above rights, has other rights, including the right to remuneration for the use of an official work, the right to recall, the right to follow, the right to access works of fine art (clause 3 of article 1255 of the Civil Code) .

According to its content, copyright can be divided into personal non-property and property. The first type of rights is reserved only for the authors of works. The second group of rights may belong not only to authors, but also to other persons. Personal non-property rights include the right of authorship, the author's right to a name, the right to the inviolability of a work, the right to publish a work, etc. Property rights include the exclusive right to a work, the right to remuneration for the use of an official work, the right to follow.

The property rights of authors do not include the right to remuneration (royalty), since the author's remuneration is always paid within the framework of contractual or some other legal obligations (with the exception of remuneration for the use of an employee's work). Accordingly, this right is a liability, and not a copyright subjective right.

Exclusive right to a work of science, literature and art:

▪ applies to works published on the territory of the Russian Federation or unpublished, but located in some objective form on the territory of the Russian Federation, and is recognized by the authors (their legal successors) regardless of their citizenship;

▪ applies to works published outside the territory of the Russian Federation or unpublished, but located in some objective form outside the territory of the Russian Federation, and is recognized for authors who are citizens of the Russian Federation (their legal successors);

▪ applies to works published outside the territory of the Russian Federation or unpublished, but located in some objective form outside the territory of the Russian Federation, and is recognized on the territory of the Russian Federation by authors (their legal successors) - citizens of other states and stateless persons in accordance with international treaties of the Russian Federation.

A work is also considered to be published for the first time in the Russian Federation if within 30 days after the date of the first publication outside the territory of the Russian Federation it was published in the territory of the Russian Federation.

When protection is granted to a work in the territory of the Russian Federation in accordance with the international treaties of the Russian Federation, the author of the work or other original copyright holder is determined by the law of the state in whose territory the legal fact took place that served as the basis for acquiring copyright.

When protection is granted to works in accordance with international treaties of the Russian Federation, the period of validity of the exclusive right to these works in the territory of the Russian Federation cannot exceed the period of validity of the exclusive right established in the country of origin of the work (Article 1256 of the Civil Code).

The author of a work of science, literature or art, in accordance with Art. 1257 of the Civil Code, a citizen is recognized, whose creative work it was created. The person indicated as the author on the original or copy of the work is considered to be its author, unless otherwise proven.

Article 1258 of the Civil Code regulates relations arising from co-authorship. In accordance with this article, citizens who have created a work by joint creative work are recognized as co-authors, regardless of whether such a work forms an inseparable whole or consists of parts, each of which has an independent value. A work created in co-authorship is used jointly by co-authors, unless otherwise provided by agreement between them. In the presence of the latter condition, a part of the work, the use of which is possible independently of other parts, i.e. a part that has independent meaning can be used by its author at his own discretion.

The definition of the scope of objects of copyright (Article 1259 of the Civil Code) is essential. Such objects are the following works, regardless of their merits and purpose, as well as the way of expression:

▪ Literary works;

▪ dramatic, musical and choreographic works;

▪ audiovisual works;

▪ works of painting, sculpture, other works of fine art, etc.

The objects of copyright also include computer programs that are protected as literary works.

Copyright objects include:

▪ derivative works, i.e. works that are a reworking of another work;

▪ composite works, i.e. works that, by the selection or arrangement of materials, are the result of creative labor.

Copyright extends to both published and unpublished works expressed in any objective form (paragraph 3 of article 1259 of the Civil Code).

For the emergence, exercise and protection of copyright does not require registration of the work or compliance with any other formalities. With regard to computer programs and databases, registration is possible, carried out at the request of the copyright holder in accordance with the rules of Art. 1262 GK.

Not subject to copyright:

1) official documents of state bodies and local governments, international organizations, as well as their official translations;

2) state symbols and signs, as well as symbols and signs of municipalities;

3) works of folk art (folklore) that do not have specific authors;

4) messages about events and facts that are of an exclusively informational nature.

According to Art. 1260 of the Civil Code, the translator, as well as the author of another derivative work (arrangement, screen adaptation, arrangement, staging or other similar work) owns the copyright, respectively, for the translation and other processing of another (original) work. The compiler of a collection and the author of another composite work (an anthology, encyclopedia, database, atlas or other similar work) owns the copyright for their selection or arrangement of materials (compilation).

A database is a set of independent materials presented in an objective form (articles, calculations, regulations, court decisions and other similar materials), systematized in such a way that these materials can be found and processed using an electronic computer (computer).

The author of a work placed in a collection or other composite work has the right to use his work regardless of the composite work, unless otherwise provided by the contract with the creator of the composite work.

The most general provisions relating to computer programs are set out in Art. 1261 GK. This article provides that copyrights for all types of computer programs (including operating systems and software packages) that can be expressed in any language and in any form, including source text and object code, are protected in the same way as copyright rights to works of literature. According to the definition given in this article, a computer program is a set of data and commands presented in an objective form, intended for the operation of computers and other computer devices in order to obtain a certain result, including preparatory materials obtained during the development of a computer program and generated by it. audiovisual displays.

The procedure for state registration of computer programs and databases, which can be carried out at the request of the copyright holder in the federal executive body for intellectual property, is regulated in Art. 1262 GK.

An audiovisual work in accordance with Art. 1263 of the Civil Code is a work consisting of a fixed series of interconnected images (with or without sound accompaniment) and intended for visual and auditory (if accompanied by sound) perception with the help of appropriate technical devices. Audiovisual works include cinematographic works, as well as all works expressed by means similar to cinematographic ones (television and video films and other similar works), regardless of the method of their initial or subsequent fixation (paragraph 1 of article 1263 of the Civil Code). The authors of the audiovisual work are:

▪ production director;

▪ scriptwriter;

▪ a composer who is the author of a musical work (with or without text), specially created for this audiovisual work (clause 2 of Article 1263 of the Civil Code).

In case of public performance or communication on the air or by cable of an audiovisual work, the composer who is the author of a musical work (with or without text) used in an audiovisual work retains the right to remuneration for the specified types of use of his musical work (clause 3 of article 1263 of the Civil Code ).

The rights of the producer of the audiovisual work, i. the person who organized the creation of such a work (producer) is determined in accordance with Art. 1240 GK. The producer has the right, in any use of an audiovisual work, to indicate his name or designation, or to require such an indication. In the absence of evidence to the contrary, the manufacturer of an audiovisual work is recognized as a person whose name or designation is indicated on this work in the usual way (clause 4 of article 1263 of the Civil Code).

Each author of a work that has become an integral part of an audiovisual work, whether it existed before (the author of the work underlying the script, and others), or created in the process of working on it (director of photography, production designer, and others), retains the exclusive right to his work, except for cases when this exclusive right was transferred to the manufacturer or other persons or transferred to the manufacturer or other persons on other grounds provided for by law (clause 5 of article 1263 of the Civil Code).

For the first time, the Civil Code establishes the right of authorship for a draft of an official document, symbol or sign, which belongs to the person who created the corresponding project (developer). The rules relating to the publication and use of such a project are contained in Art. 1264 GK.

The personal non-property rights of the author are the right of authorship and the right to a name. General definitions of the concepts of these rights are given in Art. 1265 GK. The right of authorship is the right to be recognized as the author of a work, the right of an author to a name is the right to use or allow the use of a work under his own name, under an assumed name (pseudonym) or without specifying a name, i.e. anonymously. These rights are inalienable and non-transferable, including when transferring to another person or transferring to him the exclusive right to a work and when granting another person the right to use the work. Waiver of these rights is void.

One of the most important rights of the author is the right to inviolability of the work, enshrined in Art. 1266 GK. In accordance with this right, it is not allowed, without the consent of the author, to make changes, abbreviations and additions to his work, to supply the work with illustrations, preface, afterword, comments or any explanations when it is used.

When using a work after the death of the author, the person who has the exclusive right to the work has the right to allow changes, reductions or additions to be made to the work, provided that this does not distort the author’s intention and does not violate the integrity of the perception of the work and this does not contradict the will of the author, specifically expressed by him in testament, letters, diaries or other written form (paragraph 2 of clause 1 of article 1266 of the Civil Code). Distortion, distortion or other alteration of a work that discredits the honor, dignity or business reputation of the author, as well as infringement on such actions, gives the author the right to demand protection of his honor, dignity or business reputation in accordance with the rules of Art. 152 GK. In these cases, at the request of interested persons, the protection of the honor and dignity of the author is allowed even after his death (paragraph 2 of article 1266 of the Civil Code).

Authorship, the name of the author and the inviolability of the work are protected indefinitely (Article 1267 of the Civil Code).

According to the definition given in Art. 1268 of the Civil Code, the right to publish a work is the right to take an action or give consent to take an action that makes the work available to the public for the first time by its publication, public display, public performance, broadcast or cable, or in any other way. At the same time, publication (release to the public) is the release into circulation of copies of the work, which are a copy of the work in any material form, in an amount sufficient to meet the reasonable needs of the public based on the nature of the work (paragraph 1 of article 1268 of the Civil Code).

The author has the right to withdraw, i.e. the right to withdraw from an earlier decision to publish a work (Article 1269 of the Civil Code). Such a refusal is possible on condition that the person who has been alienated the exclusive right to the work or granted the right to use the work is compensated for the losses caused by this decision. If the work has already been published, the author is also obliged to publicly announce its withdrawal. In this case, the author has the right to withdraw from circulation previously issued copies of the work, indemnifying the losses caused by this. The above rules do not apply to computer programs, service works and works included in a complex object (Article 1240 of the Civil Code).

The exclusive right to a work is disclosed in Art. 1270 GK. According to this article, the author of the work or other copyright holder has the exclusive right to use the work in accordance with Art. 1229 of the Civil Code in any form and in any way that does not contradict the law, including the methods listed below. The copyright holder may dispose of the exclusive right to the work (paragraph 1 of article 1270 of the Civil Code).

Using the work in accordance with the norm of paragraph 2 of Art. 1270 of the Civil Code, regardless of whether the relevant actions are performed for the purpose of making a profit or without such a goal, it is considered, in particular:

▪ reproduction of a work, i.e. production of one or more copies of a work or part thereof in any material form;

▪ distribution of a work through the sale or other alienation of its original or copies;

▪ public display of the work;

▪ import of the original or copies of the work for distribution purposes;

▪ rental of the original or copy of the work;

▪ public performance of the work;

▪ broadcast message;

▪ communication via cable;

▪ translation or other processing of the work;

▪ practical implementation of an architectural, design, urban planning or gardening project;

▪ making the work available to the public in such a way that any person can access the work from any place and at any time of his or her own choosing.

Rules of sub. 5 of the specified paragraph do not apply to a computer program, except for the case when such a program is the main object of rental (clause 4 of article 1270 of the Civil Code).

Although the exclusive right to a work in itself does not have a property content, its implementation allows you to receive certain property benefits, in connection with which it is called a property right.

To notify of the exclusive right to a work belonging to him, the copyright holder has the right to use the copyright protection sign, which is placed on each copy of the work and consists of the following elements (Article 1271 of the Civil Code):

1) the Latin letter "C" in a circle;

2) the name or designation of the right holder;

3) the year of the first publication of the work.

If the original or copies of a lawfully published work are put into civil circulation on the territory of the Russian Federation by their sale or other alienation, in accordance with Art. 1272 of the Civil Code, further distribution of the original or copies of the work is allowed without the consent of the copyright holder and without payment of remuneration to him, with the exception of the case provided for by Art. 1293 GK. Also, without the consent of the author or other right holder and without payment of remuneration, it is allowed for a citizen to reproduce, exclusively for personal purposes, a lawfully published work, with the exception of:

▪ reproduction of works of architecture in the form of buildings and similar structures;

▪ reproduction of databases or significant parts thereof;

▪ reproduction of computer programs, except for the cases provided for in Art. 1280 GK;

▪ reproduction (clause 2 of article 1275 of the Civil Code) of books (in full) and musical texts;

▪ video recording of an audiovisual work during its public performance in a place open to the public, or in a place where a significant number of people outside the usual family circle are present;

▪ reproduction of an audiovisual work using professional equipment not intended for home use (Article 1273 of the Civil Code).

In Art. 1274 of the Civil Code lists a number of cases where a work can be freely used for informational, scientific, educational and cultural purposes. In addition, Art. 1275 - 1279 of the Civil Code provides for the possibility of free use of a work by reproduction, free use of a work permanently located in a place open to free access, free public performance of a musical work, free reproduction of a work for law enforcement purposes, free recording of a work by a broadcasting organization for short-term use and the conditions under which the listed actions are allowed. Reproduction (reprographic reproduction) is a facsimile reproduction of a work by any technical means, carried out not for the purpose of publication.

In Art. 1280 of the Civil Code specifies actions that, under the conditions specified in this article, can be performed by a person lawfully owning a copy of a computer program or a copy of a database (referred to as a user), without the permission of the author or other copyright holder and without paying additional remuneration. This is the introduction of changes to such a program or database, the implementation of the actions necessary for their functioning, the correction of obvious errors, the production of copies of the program or database, the study, research or testing of the functioning of a computer program, the reproduction and conversion of the object code into source text (decompilation of this programs).

Article 1281 of the Civil Code contains rules governing the duration of the exclusive right to a work. As a general rule, this right is valid throughout the life of the author and for 70 years, counting from January 1 of the year following the year of the author's death. Upon the expiration of the exclusive right, a work of science, literature or art, whether made public or not, shall enter the public domain. Such a work may be freely used by any person without anyone's consent or permission and without payment of royalties. At the same time, authorship, the name of the author and the inviolability of the work are protected. An unpublished work that has entered the public domain may be made public by any person, unless the publication of the work contradicts the will of the author, expressly expressed by him in writing (in his will, letters, diaries, etc.). The rights of a citizen who lawfully published such a work are determined in accordance with Ch. 71 of the Civil Code, which regulates rights related to copyright (Article 1282 of the Civil Code).

In accordance with Art. 1283 of the Civil Code, the exclusive right to a work is inherited. In the cases provided for by Art. 1151 of the Civil Code, the exclusive right to a work, which is part of the inheritance, is terminated and the work passes into the public domain.

Foreclosure is not allowed on the exclusive right to a work belonging to the author. However, the rights of the author to claim against other persons under agreements on the alienation of the exclusive right to a work and under license agreements, as well as on income received from the use of a work, may be levied. The exclusive right that belongs not to the author himself, but to another person, and the right to use the work, which belongs to the licensee, may be levied. In the event of the sale of the licensee's right to use the work at public auction in order to levy execution on this right, the author is granted a pre-emptive right to acquire it (Article 1284 of the Civil Code).

In Art. 1285 of the Civil Code establishes the possibility of concluding an agreement on the alienation of the exclusive right to a work and discloses its content. A person who has the exclusive right to a work may also dispose of this right by concluding a license agreement on granting the right to use the work. The license agreement is concluded in writing. An agreement on granting the right to use a work in a periodical publication may be concluded orally.

The conclusion of license agreements on granting the right to use a computer program or database is allowed by concluding an accession agreement by each user with the relevant copyright holder, the terms of which are set out on the purchased copy of such a program or database or on the packaging of this copy. The beginning of the use of such program or database by the user, as defined by these conditions, means his consent to the conclusion of the contract.

The reimbursable license agreement must specify the amount of remuneration for the use of the work or the procedure for calculating such remuneration. Such an agreement may provide for the payment of remuneration to the licensor in the form of fixed one-time or periodic payments, percentage deductions from income (revenue) or in another form.

The Government of the Russian Federation has the right to establish minimum rates of royalties for certain types of use of works (Article 1286 of the Civil Code). At the present time, there is a Decree of the Government of the Russian Federation dated March 21.03.1994, 218 No. XNUMX "On the minimum rates of royalties for certain types of use of works of literature and art."

In Art. 1287 of the Civil Code provides for special conditions for a publishing license agreement, which means an agreement on the provision of the use of a work concluded by the author or other copyright holder with the publisher, i.e. with the person who, in accordance with the contract, is obliged to publish the work. Under this agreement, the licensee is obliged to start using the work no later than the period specified in the agreement, or within the period usual for this type of work and the method of their use.

According to the norm of art. 1288 of the Civil Code, under an author's order contract, one party (the author) undertakes, at the order of the other party (the customer), to create a work of science, literature or art stipulated by the contract on a tangible medium or in another form. The contract of the author's order is paid, unless otherwise provided by agreement of the parties. An author's order agreement may provide for both the alienation to the customer of the exclusive right to a work to be created by the author, and the granting to the customer of the right to use this work within the limits established by the agreement. The term for the execution of this agreement is regulated by art. 1289 GK. According to this article, the work, the creation of which is provided for by the contract of the author's order, must be transferred to the customer within the time period established by the contract. An agreement that does not provide for and does not allow determining the term for its execution is not considered concluded.

In the event that the term for the execution of the contract of the author's order has come, the author, if necessary and if there are good reasons for completing the creation of the work, is provided with an additional grace period lasting one fourth of the period established for the execution of the contract, unless the agreement of the parties provides for a longer grace period. In the cases provided for in paragraph 1 of Art. 1240 of the Civil Code, this rule applies, unless otherwise provided by the contract. After the expiration of the grace period, the customer has the right to unilaterally withdraw from the contract of author's order. The customer also has the right to withdraw from the contract of author's order immediately after the expiration of the period established by the contract for its execution, if the contract has not been executed by this time, and from its terms it clearly follows that if the deadline for the execution of the contract is violated, the customer loses interest in the contract.

In accordance with Art. 1290 of the Civil Code, the author's liability under an agreement on the alienation of the exclusive right to a work and under a license agreement is limited to the amount of real damage caused to the other party, unless the agreement provides for a smaller amount of the author's liability.

In case of non-fulfillment or improper fulfillment of the contract of the author's order, for which the author is responsible, the author is obliged to return the advance payment to the customer, as well as pay him a penalty, if it is provided for by the contract. At the same time, the total amount of these payments is limited to the amount of actual damage caused to the customer.

In accordance with the norm of paragraph 1 of Art. 1291 of the Civil Code in the event of the alienation by the author of the original work (manuscript, original work of painting, sculpture, etc.), including the alienation of the original work under an author's order agreement, the author retains the exclusive right to the work, unless the agreement provides otherwise. In the event that the exclusive right to a work has not been transferred to the acquirer of its original, the acquirer has the right, without the consent of the author and without payment of remuneration to him, to demonstrate the acquired original of the work and reproduce it in exhibition catalogs and in publications dedicated to his collection, as well as transfer the original of this works for display at exhibitions organized by other persons. According to paragraph 2 of the same article, when the original work is alienated by its owner, who has the exclusive right to the work, but is not the author of the work, the exclusive right to the work passes to the acquirer of the original work, unless otherwise provided by the contract.

The above rules relating to the author of a work also apply to the author's heirs, their heirs, etc. within the period of validity of the exclusive right to the work (clause 3 of article 1291 of the Civil Code).

The author of a work of fine art has the right of access, i.e. the right to demand that the owner of the original work be given the opportunity to exercise the right to reproduce his work. At the same time, the owner of the original work cannot be required to deliver the work to the author.

The author of a work of architecture has the right to demand from the owner of the original work to provide the opportunity to photograph and video film the work, unless otherwise provided by the contract (Article 1292 of the Civil Code).

The author of a work of fine art also has the right to follow, i. he has the right, in the event of alienation of the original of his work by him at each public resale, in which a fine art gallery, art salon, shop or other similar organization participates as a seller, buyer or intermediary, to require the seller to pay him remuneration in the form of percentage deductions from the price resale. The amount of interest deductions, as well as the conditions and procedure for their payment are determined by the Government of the Russian Federation. Authors also enjoy the right of following in relation to copyright manuscripts (autographs) of literary and musical works. The right to follow is inalienable, but passes to the heirs of the author for the duration of the exclusive right to the work.

The rights of the author of a work of architecture, urban planning or gardening art are established in Art. 1294 GK. This author has the exclusive right to use his work in accordance with paragraphs 2 and 3 of Art. 1270 of the Civil Code, including through the development of documentation for construction and through the implementation of an architectural, urban planning or landscape gardening project. The use of an architectural, urban planning or landscape gardening project for implementation is allowed only once, unless otherwise provided by the contract in accordance with which the project was created. The project and the construction documentation based on it can be reused only with the consent of the author of the project.

The author of a work of architecture, urban planning or gardening art has the right to exercise author's control over the development of documentation for construction and the right of author's supervision over the construction of a building or structure or other implementation of the corresponding project. The procedure for exercising author's control and author's supervision is established by the federal executive body for architecture and urban planning. Currently, this is the Federal Agency for Construction, Housing and Communal Services (Rosstroy), which is under the jurisdiction of the Ministry of Industry and Energy of the Russian Federation (Minpromenergo of Russia).

The author of a work of architecture, urban planning or gardening art has the right to demand from the customer of an architectural, urban planning or gardening project to grant the right to participate in the implementation of his project, unless otherwise provided by the contract.

The legislator specifically regulates the relations arising in connection with the creation of a service work. In accordance with Art. 1295 of the Civil Code copyright for an official work, i.e. for a work of science, literature or art, created within the limits of labor duties established for an employee (author), belong to the author. The exclusive right to an employee work belongs to the employer, unless otherwise provided by an employment or other contract between the employer and the author.

If the employer, within three years from the day when the employee work was placed at his disposal, does not start using this work, does not transfer the exclusive right to it to another person, or does not inform the author about keeping the work secret, the exclusive right to the employee work belongs to the author. If the employer starts using the employee's work within the specified period or transfers the exclusive right to another person, the author has the right to remuneration. The author acquires this right also in the case when the employer decided to keep the official work secret and for this reason did not start using this work within the specified period. The amount of remuneration, the conditions and procedure for its payment by the employer are determined by the agreement between him and the employee, and in the event of a dispute - by the court.

In accordance with paragraph 3 of Art. 1295 of the Civil Code, in the case when the exclusive right to an official work belongs to the author, the employer has the right to use such a work in ways determined by the purpose of the official assignment and within the limits arising from the assignment, as well as publish such a work, unless otherwise provided by the agreement between him and the employee. At the same time, the right of the author to use the employee work in a way that is not determined by the purpose of the official assignment, as well as at least in a way determined by the purpose of the assignment, but beyond the limits arising from the assignment of the employer, is not limited. The employer may, when using an official work, indicate his name or designation or require such indication.

In Art. 1296 - 1298 of the Civil Code defines the rights arising in connection with the creation of computer programs and databases to order, when performing work under an agreement that did not directly provide for their creation, as well as when creating works of science, literature and art under a state or municipal contract.

According to the norm of art. 1299 of the Civil Code, technical means of copyright protection are any technologies, technical devices or their components that control access to a work, prevent or restrict the implementation of actions that are not authorized by the author or other copyright holder in relation to the work. With regard to works, it is not allowed:

1) carrying out without the permission of the author or other right holder of actions aimed at eliminating restrictions on the use of the work, established through the use of technical means of copyright protection;

2) production, distribution, leasing, provision for temporary gratuitous use, import, advertising of any technology, any technical device or their components, use of such technical means for profit or provision of relevant services, if as a result of such actions it becomes impossible to use technical means of copyright protection, or these technical means will not be able to provide adequate protection of these rights.

In case of violation of the above provisions, the author or other right holder has the right to demand, at his choice, from the violator damages or compensation in accordance with Art. 1301 of the Civil Code, except when the Civil Code allows the use of a work without the consent of the author or other copyright holder.

According to the norm of art. 1300 of the Civil Code, copyright information is any information that identifies a work, author or other copyright holder, or information about the conditions for using a work, which is contained on the original or copy of the work, is attached to it or appears in connection with broadcasting or by cable or bringing such work to the public, as well as any numbers and codes that contain such information. With regard to works, it is not allowed:

1) removal or modification without the permission of the author or other owner of copyright information;

2) reproduction, distribution, import for the purpose of distribution, public performance, broadcasting or by cable, making available to the public works in respect of which copyright information has been removed or changed without the permission of the author or other right holder.

In case of violation of the above provisions, the author or other right holder has the right to demand, at his choice, from the violator damages or compensation in accordance with Art. 1301 GK.

In Art. 1301 of the Civil Code defines liability for violation of the exclusive right to a work. In cases of violation of this right, the author or other right holder, along with the use of other applicable methods of protection and liability measures established by the Civil Code (Articles 1250, 1252 and 1253), has the right in accordance with paragraph 3 of Art. 1252 of the Civil Code, to demand, at his choice, from the violator, instead of compensation for losses, the payment of compensation:

▪ in the amount of 10 thousand rubles. up to 5 million rubles, determined at the discretion of the court;

▪ twice the cost of copies of the work or double the cost of the right to use the work, determined on the basis of the price that, under comparable circumstances, is usually charged for the lawful use of the work.

In Art. 1302 of the Civil Code establishes the norms to secure a claim in cases of copyright infringement. The court may prohibit the defendant or a person in respect of whom there are reasonable grounds to believe that he is an infringer of copyright, to perform certain actions (manufacture, reproduction, sale, rental, import or other use provided for by the Civil Code, as well as transportation, storage or possession ) in order to introduce into civil circulation copies of the work, in respect of which it is assumed that they are counterfeit. The court may seize all copies of a work that are alleged to be counterfeit, as well as materials and equipment used or intended for their manufacture or reproduction.

If there is sufficient evidence of copyright infringement, the bodies of inquiry or investigation are obliged to take measures to search for and seize copies of the work in respect of which it is assumed that they are counterfeit, as well as materials and equipment used or intended for the manufacture or reproduction of these copies. works, including, where necessary, measures to seize them and transfer them to custody.

Author: Ivakin V.N.

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The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive Automatic speed limit for electric scooters on sidewalks 02.04.2022 Australian electric scooter and bike sharing company Beam is preparing to test the Pedestrian Shield system, which automatically limits the speed of vehicles on sidewalks and in difficult environments. The technology will be tested in several Australian state capitals. Pedestrian Shield uses an AI system developed by Drover AI - the module is able to recognize streets, sidewalks and bike paths, including using nothing but an integrated camera, so no one needs to scrupulously mark the territory on GPS maps. Local city councils or fleet operators will be able to set speed limits at their discretion. In the case of Beam, there is a speed limit of up to 25 km/h on the roadway and bike paths, and up to 15 km/h on the sidewalk. At the same time, the system is capable of more - the Drover solution will be able to determine whether users park electric scooters in permitted locations. For example, to avoid leaving vehicles in multi-storey car parks with a weak GPS signal or recklessly riding scooters in shopping malls, Drover can turn off vehicles in such places. In addition to scooters, the system is able to work similarly with electric bicycles and, although it limits the freedom of decision of users to some extent, it is an interesting technological solution for urban environments, which can partially ensure the safety of pedestrians. In the middle of the year, the next stage of testing will begin, during which AI will begin to prevent collisions with pedestrians based on the analysis of video from the camera.

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