Civil law. Parts I, III and IV. Subjects of copyright (most important)

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Civil law. Parts I, III and IV. Subjects of copyright (most important)

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67. SUBJECTS OF COPYRIGHT

Subjects of copyright, i.e., the owners of subjective copyrights, in accordance with Russian legislation, can be individuals, legal entities and public law entities.

1) The original subject of copyright is author (co-authors) - an individual whose creative work created the work.

Authorship presumption states that the person indicated as the author on the original or copy of the work is considered its author, unless proven otherwise (Article 1257 of the Civil Code of the Russian Federation). When a work is created by the joint creative work of two or more persons, co-authorship.

The authors of an audiovisual work (television and video film, etc.) are: the stage director, the author of the script, the composer - the author of a musical work specially created for this audiovisual work.

2) Heirs author as subjects of copyright.

The exclusive right to a work passes by inheritance. After the death of the author, heirs by will or by law become subjects of copyright.

The general duration of the rights of heirs is 70 years after the death of the author.

Non-property rights of the author (the right of authorship, the right to name and inviolability of the work) do not pass to the heirs, but may be protected by them along with other interested parties.

3) Other copyright holders - individuals and legal entities that have received copyright on the basis of a law or an agreement. The volume of acquired property rights is determined by law or by agreement.

Among other right holders, a new subject stands out - producer of an audiovisual work, who has the right to indicate his name (name), use the work and receive remuneration, including for the free use of an audiovisual work for personal purposes.

4) Organizations exercising collective management of copyrights - non-profit organizations that manage certain property rights of authors. The main functions of organizations exercising collective management of copyrights: - concluding license agreements with users; - collection of remuneration for the use of works; - distribution and payment of remuneration to right holders; - providing rights holders with reports on the use of their rights; - formation of registers of information about right holders, rights and objects of copyright.

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