Civil law. Parts I, III and IV. Other property rights (most important)

Lecture notes, cheat sheets
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Civil law. Parts I, III and IV. Other property rights (most important)

Lecture notes, cheat sheets

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69. OTHER PROPERTY RIGHTS

The authors (copyright holders) of certain types of works have additional rights related to the peculiarities of the implementation of the exclusive right to the work.

Access right - this is the right of the author of a work of fine art to demand from the owner of the original work to provide the opportunity to exercise the right to reproduce his work. By analogy, 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.

Right to follow - this is the right of the author to receive remuneration from the seller in the form of percentage deductions from the resale price in the event of a public resale of the original work of fine art through a gallery, art salon, etc. The right to follow also extends to cases of resale of author's manuscripts (autographs) of literary and musical works . Right to follow inalienable, but passes to the author’s heirs for the duration of the exclusive right to the work.

The author of a work of architecture, urban planning or gardening art has exclusive right to use your work. The project and construction documentation based on it can be reused only with the consent of the author of the project. The author also has right to exercise copyright control for the development of documentation for the construction and right of copyright for the construction of a building or structure or other implementation of the relevant project.

The right holder may dispose of the exclusive right to the work and is entitled to receive remuneration in the exercise of this right.

The right to dispose of the exclusive right should be formalized by the conclusion of the relevant agreement: on the alienation of the right or a license agreement.

Author's right to remuneration can be implemented in various forms:

a) in the form of remuneration for the alienation of the exclusive right;

b) in the form of remuneration for the right to use the work under a license agreement (the remuneration may be paid in the form of fixed one-time or periodic payments, percentage deductions from income (revenue) or in another form);

at) in the form of a sale price upon alienation of the original work;

d) in the form of percentage deductions from the resale price of the original work (the right to follow);

d) in the form of remuneration for composers who are the authors of musical works (with or without text) used in an audiovisual work for public performance or broadcasting or broadcasting such an audiovisual work via cable (clause 3 of article 1263 of the Civil Code of the Russian Federation);

f) in the form of remuneration for the free reproduction of phonograms and audiovisual works for personal purposes (Article 1245 of the Civil Code of the Russian Federation);

g) in the form of remuneration for the use of an official work (Article 1295 of the Civil Code of the Russian Federation).

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