Civil law. Parts I, III and IV. Personal non-property rights of the author (the most important)

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Civil law. Parts I, III and IV. Personal non-property rights of the author (the most important)

Lecture notes, cheat sheets

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70. PERSONAL PROPERTY RIGHTS OF THE AUTHOR

1) Right of authorship - the right of the creator of a work to be recognized as the author of the work, i.e. the legally secured possibility of a person to be considered the author of the work and the corresponding opportunity to demand recognition of this fact from other persons.

2) The right of the author to the name - the right to use or allow the use of the work under his own name, under a fictitious name (pseudonym) or without specifying a name, that is, anonymously. Right of authorship and right of name inalienable и indescribable. Waiver of these rights is void.

3) The right to inviolability of the work consists in the prohibition without the consent of the author to make changes, abbreviations and additions to his work, to supply the work with illustrations, preface, afterword, comments or any explanations when using it. There are two sides to this law:

a) active, which means the right of the author to independently make changes and additions to the work;

b) passive, which means the right of the author to prohibit other persons from performing the above actions without his consent. Authorship, the name of the author and the inviolability of the work are protected in perpetuity. After death, protection is carried out by the person indicated by the author, the author's heirs, their legal successors and other interested parties.

4) The right to publish the work is the right to perform an act or to consent to an act that makes the work available to the public for the first time by publication, public display, public performance, broadcast or cable, or any other means. This right is always exercised with some other right of the author: the right to public display, public performance, publication, etc.

5) Right of publication (release to the public) - release into circulation of copies of a work, which are a copy of a work in any material form, in an amount sufficient to meet the reasonable needs of the public based on the nature of the work. This right refers to non-property, although it is quite closely related to property rights and is exercised together with them (the right to reproduce, distribute the work). The right of publication may be exercised simultaneously with the right of publication.

6) Right of withdrawal - this is the right of the author to revoke the earlier decision to publish the work, subject to compensation to the person who has been alienated the exclusive right to the work or granted the right to use the work for the losses caused by such a decision. If the work has already been published, the author is also obliged to publicly announce its withdrawal. In this case, the author has the right to withdraw from circulation previously issued copies of the work, indemnifying the losses caused by this. The right of withdrawal does not apply to computer programs, service works and works included in a complex object (Article 1240 of the Civil Code of the Russian Federation).

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