Civil law. A special part. Rights related to copyright (most important)

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Civil law. A special part. Rights related to copyright (most important)

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Topic 25. RIGHTS RELATED TO COPYRIGHT

In accordance with the current legislation, not only copyrights, but also rights related to copyrights are subject to protection. These rights are covered in Chap. 71 GK. In addition, relations related to related rights are regulated by a number of special by-laws, as well as some international agreements, in particular the 1971 Geneva Convention for the Protection of the Interests of Producers of Phonograms from Illegal Reproduction of their Phonograms, to which Russia has been a party since 1995, and Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, 1961.

General provisions. The definition of rights related to copyright is given in paragraph 1 of Art. 1303 Civil Code. Related to copyright (related rights) are intellectual rights to the results of performing activities (performance), phonograms, broadcast or cable radio and television broadcasts (broadcasting by broadcasting and cable broadcasting organizations), the content of databases, as well as works of science, literature and art made public for the first time after they entered the public domain. Related rights include exclusive rights, and in cases provided for by the Civil Code, also personal non-property rights.

The objects of related rights are:

▪ performances (including productions), phonograms;

▪ messages from broadcasting or cable broadcasting organizations, databases in terms of their protection from unauthorized extraction and reuse of the materials that comprise their content;

▪ works of science, literature and art, published after they have entered the public domain, in terms of protecting the rights of publishers of such works.

Performances are understood as performances by performers and conductors, productions by directors of performances, expressed in a form that allows their reproduction and distribution using technical means. It is important to note that the related rights of performers arise only when a "live" performance is recorded or transmitted over the air or cable broadcasting channels.

A phonogram is any but exclusively sound recording of performances or other sounds or their representations, with the exception of a sound recording included in an audiovisual work.

Radio or television broadcasts are sets of sounds and (or) images or their displays, reported on the air or by cable.

As in the case of copyright, for the emergence, exercise and protection of related rights, registration of their object or compliance with any other formalities is not required (Article 1304 of the Civil Code). In accordance with Art. A producer of a phonogram and a performer, as well as another owner of the exclusive right to a phonogram or a performance, has the right to use the sign of protection of related rights, which is placed on each original or copy of the phonogram and (or) on each case containing it, to notify of the exclusive right belonging to him. The specified sign consists of three elements:

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

2) the name or designation of the owner of the exclusive right;

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

At the same time, a copy of a phonogram is understood to be its copy on any material carrier, made directly or indirectly from a phonogram and including all the sounds or part of the sounds or their reflections recorded in this phonogram. The display of sounds is understood as their representation in digital form, for the conversion of which into a form perceived by the ear, the use of appropriate technical means is required.

As provided by Art. 1306 of the Civil Code, the use of objects of related rights without the consent of the copyright holder and without payment of remuneration is allowed in cases of free use of works (Articles 1273, 1274, 1277, 1278 and 1279 of the Civil Code), as well as in other cases provided for in Ch. 71 of this Code.

In relation to related rights, the same or similar provisions that govern the relevant relations regarding copyrights are applied, the provisions relating to the agreement on the alienation of the exclusive right to the object of such rights, the license agreement on granting the right to use the latter, technical means of protecting related rights, information about them , liability for violation of the exclusive right to the object of related rights, securing a claim in cases of violation of these rights (Articles 1307 - 1312 of the Civil Code).

Performance rights. In § 2 ch. 71 of the Civil Code contains rules relating to rights to perform. In particular, in Art. 1313 of the Civil Code defines the performer. According to this definition, a performer (author of a performance) is a citizen whose creative work created the performance - a performing artist (actor, singer, musician, dancer or other person who plays a role, reads, recites, sings, plays a musical instrument or other participates in the performance of a work of literature, art or folk art, including a variety, circus or puppet show), as well as the director of the performance (the person who staged the theatrical, circus, puppet, variety or other theatrical and entertainment performance) and the conductor .

Article 1314 of the Civil Code establishes related rights for joint performance, which practically do not differ from the previously stated rights of co-authors of works of science, literature and art.

The rights of the performer are defined in Art. 1315 GK. According to paragraph 1 of this article, the performer owns:

▪ exclusive right to perform;

▪ right of authorship;

▪ right to a name;

▪ the right to integrity of performance.

According to the norm of paragraph 2 of Art. 1315 of the Civil Code, performers exercise their rights in compliance with the rights of the authors of the performed works. At the same time, the rights of the performer are recognized and are valid regardless of the existence and validity of copyright in the work being performed, which indicates their independent nature (paragraph 3 of the said article).

Article 1316 of the Civil Code, similarly to copyright, provides for the protection of authorship, the name of the performer and the inviolability of the performance after the death of the performer.

Important for the protection of the interests of the performer is Art. 1317 of the Civil Code, which regulates the exclusive right to perform. In accordance with the named article, the performer has the exclusive right to use the performance in accordance with Art. 1229 of the Civil Code in any way that does not contradict the law, including the methods indicated below. The performer may dispose of the exclusive right to perform.

In accordance with paragraph 2 of Art. 1317 of the Civil Code, the use of a performance is considered:

1) broadcast message;

2) cable communication;

3) performance record;

4) playback of the recording of the performance;

5) distribution of a recording of a performance by selling or otherwise alienating its original or copies, which are copies of such a recording on any material medium;

6) the action taken in relation to the fixation of the performance and provided for in paragraphs 1 and 2;

7) bringing the recording of the performance to the public in such a way that any person can access the recording of the performance from any place and at any time of his own choice (bringing to the public);

8) public performance of the recording of the performance;

9) rental of the original or copies of the recording of the performance.

In the public interest, the law allows the limitation of the exclusive right to perform. Thus, this right does not extend to reproduction, broadcasting or cable broadcasting and public performance of a recording of a performance in cases where such a recording was made with the consent of the performer, and its reproduction, broadcasting or cable broadcasting or public performance is carried out for the same purposes. for which the consent of the performer was obtained when recording the performance (clause 3 of article 1317 of the Civil Code).

As a general rule, the exclusive right to a performance is valid throughout the life of the performer, but not less than 50 years, counting from January 1 of the year following the year in which the performance, or the recording of the performance, or the transmission of the performance on the air or by cable. When the exclusive right to perform expires, that right passes into the public domain. For a performance that has entered the public domain, the rules of Art. 1282 GK.

According to the norm of art. The rules of art. 1320 of the said Code.

Right to the phonogram. The right of broadcasting and cable broadcasting organizations. The right of the database manufacturer The right of the publisher to a work of science, literature or art. The law also regulates in sufficient detail the related rights of the producer of a phonogram, broadcasting and cable broadcasting organizations, the database manufacturer, and the publisher (Articles 1322 - 1344 of the Civil Code). Thus, the exclusive right to a phonogram is valid for 50 years, counting from January 1 of the year following the year in which the recording was made. If a phonogram is made public, the exclusive right is valid for 50 years, counting from January 1 of the year following the year in which it was made public, provided that the phonogram was made public within 50 years after the recording was made.

In accordance with Art. 1331 of the Civil Code, the exclusive right to communicate a radio or television broadcast is valid for 50 years, counting from January 1 of the year following the year in which the radio or television broadcast was broadcast or cabled.

The exclusive right of the database manufacturer arises at the moment of completion of its creation and is valid for 15 years, counting from January 1 of the year following the year of its creation. The exclusive right of the manufacturer of the database published during the specified period is valid for 15 years, counting from January 1 of the year following the year of its publication. The above terms are renewed with each update of the database (Article 1335 of the Civil Code).

The exclusive right of a publisher to a work arises at the time of publication of this work and is valid for 25 years, counting from January 1 of the year following the year of its publication (Article 1340 of the Civil Code).

Author: Ivakin V.N.

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