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Information law. Model of civil circulation of information (the most important)

Lecture notes, cheat sheets

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28. MODEL OF CIVIL INFORMATION FLOW

The essence of civil circulation of information is the ability to exercise the exclusive right to information (to the content of information).

The content of information is the right to use information in one's own, personal activities, mainly for decision-making.

To dispose of information in the sense of its civil circulation, that is, in order to exercise the exclusive right to this content, is the right to replicate and distribute information, primarily for commercial purposes.

Therefore, the essence of the realization of the exclusive right to information (to the content of information) lies precisely in the exercise of the right to replicate and distribute information (content) for the purpose of making a profit.

В circulation of information Three entities are involved:

1) the creator or producer of information;

2) the owner of the information;

3) consumer of information.

It is between them that relations arise regarding information as an object of civil rights, which are subject to legal regulation.

Creator or producer of information - a person, as a result of whose intellectual activity information (its content) is created. To include information in circulation, the creator transfers it to a material carrier, as a result of which an information thing or an information object (original work) appears, which has the property of dual unity of information and a material carrier and the property of transferability.

The creator of such an information object acquires the right of ownership to the material object, which reflects the content of the information created by him, upon the fact of its creation. Therefore, he can sell, transfer, donate, bequeath the original of his creation at his own discretion. However, at the same time, he acquires, in addition to real rights to a carrier with information, information rights, i.e. the right to know the content of information, apply this content in his own activities, replicate and distribute the content of information, including for commercial purposes, or transfer it right to another person.

Owner (holder) of information (information content) acquires information rights under an agreement with the information creator, the scope of which is fixed by the terms of the agreement. It receives the original information object or its accounted copy. Fulfilling contractual obligations, the owner of information replicates and distributes information.

Consumer of information (consumer of the content of information) is the ultimate recipient or user of information, for the sake of observing whose rights to information, the information right is ultimately built. By acquiring, as a rule, a specific copy of the information object (information thing), he also acquires the right to know the content of the information and the right to use this content for personal purposes. He is prohibited from replicating and distributing the information received for commercial purposes.

Informant - a natural or legal person professionally engaged in information activities, i.e. e. activities related to the production, transmission and dissemination of information.

Author: Yakubenko N.O.

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