Civil law. Parts I, III and IV. The concept of copyright (the most important)

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Civil law. Parts I, III and IV. The concept of copyright (the most important)

Lecture notes, cheat sheets

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65. CONCEPT OF COPYRIGHT

Авторское право - this is a set of legal norms regulating relations arising in connection with the creation, use and protection of works of science, literature and art.

1) freedom of creativity;

2) a combination of the personal interests of the author with the interests of society;

3) inalienability of the personal non-property rights of the author;

4) freedom of the author's contract. Copyright sources:

▪ Constitution of the Russian Federation;

▪ Civil Code of the Russian Federation;

▪ Law of the Russian Federation “On Copyright and Related Rights” (lost force on January 1, 2008);

▪ Law of the Russian Federation “On the legal protection of programs for electronic computers and databases” (lost force on January 1, 2008);

▪ international treaties (see clause 3).

Copyright Objects - works of science, literature and art that have two necessary features:

a) being the result of creative activity;

b) existing in any objective form (including in written, oral form (in the form of public utterance, public performance and other similar form), in the form of an image, in the form of sound or video recording, in volume-spatial form).

"Work - this is a set of ideas, thoughts and images that, as a result of the author's creative activity, have received their expression in a concrete form accessible to perception by human feelings, allowing the possibility of reproduction. .1956).

Creativity in the science of copyright is understood as intellectual activity, as a result of which a qualitatively new, previously non-existent result is created, provided by the author's individuality.

Within the framework of a work, protected (images and language of the work) and unprotected (theme, material of the work, plot core, ideological content) elements are distinguished.

Copyright does not apply to ideas, concepts, principles, methods, processes, systems, methods for solving technical, organizational or other problems, discoveries, facts, programming languages (Clause 5, Article 1259 of the Civil Code of the Russian Federation).

Copyright in a work of science, literature and art arises by virtue of the fact of its creation. The creation and exercise of copyright does not require the registration of a work or the observance of any other formalities.

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