Civil law. Parts I, III and IV. Subjective copyright. Exclusive rights (most important)

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Civil law. Parts I, III and IV. Subjective copyright. Exclusive rights (most important)

Lecture notes, cheat sheets

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68. SUBJECTIVE COPYRIGHT. EXCLUSIVE RIGHTS

Subjective copyright arises by virtue of the fact of creating a creative work, regardless of its purpose, merits, completeness, publication and other characteristics.

Traditionally, copyright is divided into personal non-property and property rights. In accordance with the terminology of Part IV of the Civil Code of the Russian Federation, the property rights of the author are referred to as "exclusive right".

The author of the work or other copyright holder owns exclusive right use the work in any form and in any way that does not contradict the law (exclusive right to the work).

non-exhaustive list of ways to use the work listed in the Civil Code of the Russian Federation.

1) Playback works - the production of one or more copies of a work or part of it in any material form.

2) Distribution works by selling or otherwise alienating its original or copies. Distribution is based on the principle "exhaustion of rights", according to which, if the original or copies of a lawfully published work are introduced into civil circulation on the territory of the Russian Federation through their sale or other alienation, further distribution is permitted without the consent of the copyright holder and without payment of remuneration to him. An exception is the right to receive remuneration in special cases (the right to follow).

3) Public display works - any demonstration of the original or copy of the work directly or on the screen using a film, transparencies, television frame or other technical means in a place open to the public, or in a place where there is a significant number of persons who do not belong to the usual family circle.

4) Import original or copies works for distribution. The right to import complements the right of the author to distribute and allows him to control the distribution of copies of the work imported from the territory of other states.

5) Rental of original or copy works.

6) Public performance of the work - presentation of a work in a live performance or with the help of technical means (radio, television and other technical means), as well as the display of an audiovisual work (with or without sound accompaniment) in a place open to the public, or in a place where there is a significant number of persons outside the normal family circle.

7) Message broadcast - communication of the work to the public (including display or performance) on radio or television (including by retransmission).

8) Cable communication - communication of a work to the public by radio or television using a cable, wire, optical fiber or similar means (including by retransmission).

9) Translation or other processing of the work.

10) Practical implementation architectural, design, urban planning or landscape gardening project.

11) Bringing the work to the public so that any person may access the work from any place and at any time of their choice.

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